Parent Visas

Overview of parent migration

There are 2 categories of parent visas:

  • the parent category; and
  • the contributory parent category.


These 2 parent categories provide eligible parents of settled Australian citizens, settled Australian permanent residents or settled eligible New Zealand citizens with the choice of 3 migration pathways to Australia. Depending on their circumstances, applicants may apply for an offshore or onshore visa.

The parent category is a direct pathway to permanent residence. The contributory parent category has the option of either a one or 2-visa pathway to permanent residence. Contributory parent category visas have a substantially higher second instalment of the visa application charge (2nd VAC) for each adult applicant and a higher Assurance of Support (AoS) bond and longer AoS period so as to make a higher contribution towards their future health and welfare costs.

Applicants can elect to apply either:

  • Directly for permanent residence and, just before visa grant, comply with the AoS Requirement and pay the entire higher 2nd VAC; or
  • elect to apply initially for a 2-year temporary contributory parent category visa and pay a portion of the entire 2nd VAC. Before the temporary visa ceases, they must apply for the corresponding permanent contributory parent category visa. Just before grant of the permanent visa, they must comply with the AoS requirement and pay the remaining portion of the 2nd VAC, which will be based on the lodgement date of their permanent visa application. The 2nd VAC will also be subject to annual adjustments (ie. indexation) in the intervening period.


Basic requirements

Generally, all prospective parent visa applicants must be able to meet the following requirements before a parent visa can be granted:

  • have a child who is a settled Australian citizen, permanent resident or eligible New Zealand citizen in Australia;
  • are sponsored by that child or the child's partner (if the child is under 18 years, another person may act as sponsor as long as they meet certain criteria);
  • if applying for an onshore parent visa, the main applicant can meet the age requirement;
  • satisfy the Balance of Family (BoF) test;
  • are of good character;
  • meet health requirements;
  • for a permanent parent visa application, provide an acceptable AoS to cover the potential cost of the use of welfare services during their first 2 years (parent category visa) or 10 years (contributory parent category visa) in Australia*; and
  • pay the relevant 2nd VAC*.


A temporary contributory parent category visa holder applying for the corresponding permanent contributory parent category visa may not need to meet all these requirements again

Relationship requirement

An applicant for any parent visa must be a parent or step-parent of a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen. Parent includes:

  • a natural (biological) parent;
  • an adoptive parent;
  • the parent of a child conceived through an artificial conception procedure; and
  • the parent of a child born under surrogacy arrangements, where parentage has been
  • transferred by court order under a prescribed state or territory law.


Note: For the purposes of migration law, formal adoption of a child has the effect of severing the legal relationship between that child and the child's biological parent(s). As a parent visa applicant, you must meet the relationship requirement both at time of application lodgement and when a decision is made by the department on that application.

The only exception to this is if you are applying for a permanent contributory parent visa and, at time of lodgement, you are the holder of the corresponding temporary contributory parent visa. If your child has died and you have no other child that is a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen, then you can still meet the relationship requirement.

Sponsorship

What is sponsorship?

You and any dependants included in the application must be sponsored. The sponsor gives a written undertaking to provide support for you during your first 2 years in Australia if you apply outside Australia, or the 2 years following grant of your visa if you apply in Australia. This includes accommodation and financial assistance as required to meet your family's reasonable living needs. The sponsor must be aged 18 years or over.

Who can sponsor me?

Generally, you must be sponsored by your child or step-child, or that child or step-child's cohabiting partner. A sponsor must be:

  • aged 18 years or over; and
  • a settled Australian citizen, Australian permanent resident or an eligible New Zealand citizen.


Balance of Family test

Note: 'Children' includes adult children.

You must pass 'the Balance of Family' (BoF) test*:

  • at least half of your children must be permanently resident in Australia; OR
  • you must have more children permanently resident in Australia than in any other single country.


The test is designed to measure your family links to Australia compared to your family links elsewhere, and it is a requirement. This test does not assess dependency, or quality of relationships.

Which children are counted?

The following children are counted in the BoF test:

  • children of both parents, including children of previous marriages or de facto relationships of either parent, including adopted and step-children, and children in institutions;
  • children of both parents, whether they are dependent or self-supporting, single, married or divorced; and
  • children whose whereabouts are unknown, or cannot be verified, are counted as being in their parents' country of usual residence.


Note: Step-children are only counted if they are:

  • a child of the applicant's current partner; or
  • under 18 years of age and a child of a former partner of the applicant, or a former partner of the applicant's current partner, and the applicant or the applicant's partner has a legal responsibility to look after the child.


Which children are NOT counted?

Children are not counted in the BoF test if they:

  • are deceased; or
  • are removed from their parents' exclusive custody by adoption or court order; or
  • are registered by the UNHCR as refugees and live in a camp operated by UNHCR; or
  • live in a country where they suffer persecution or human rights abuse and cannot be reunited with their parents in another country.


Note: A person will have had exclusive custody of the child if that person had:

  • the sole legal right to the daily care and control of the child; and
  • the sole legal right and the sole legal responsibility to make decisions concerning the daily care and control of the child.