Parent Visa (Subclass 103)
You may be eligible to apply for an Australia parent visa (subclass 103) if you have one or more children living in Australia.
A parent or parents of a child or stepchild who is a settled Australian citizen, settled permanent resident or settled eligible New Zealand citizen can obtain this visa. In the event the visa is granted, the parent or parents will be able to permanently migrate to Australia to join their children.
Highlights
Your child’s residency status in Australia
Amount of time the sponsored child has lived in Australia
Test to see if you meet the balance of family requirement
Whether you meet specific health and character requirements
Key Eligibility requirements
Please note
-
This visa can take up to 30 years to be approved.
-
In Australia, if your temporary visa is about to expire, you will not be eligible for a bridging visa. In order for your application to be considered, you must be outside Australia when the decision is made.
Parent visa benefits
A parent visa allows you, your partner, and your dependent family to live permanently in Australia. Below are some additional entitlements:
-
-
It is permissible to work or study
-
Government-subsidized healthcare through Medicare
-
Family members can be sponsored for permanent residency in Australia (a waiting period applies).
-
The social security system (a waiting period applies).
-
A parent (subclass 103) visa applicant must meet numerous criteria. The following section outlines the general requirements for this visa.
-
Parent visa eligibility
To be eligible for a parent visa there are certain criteria that must be met:
THE APPLICANT
-
The applicant must have an Australian citizen child, or
-
a permanent Australian resident, or
-
an eligible New Zealand citizen
THE SPONSOR
You may be sponsored by the following people if your child is not an eligible sponsor:
-
The partner of your child
-
Your child’s guardian or family member
-
The guardian or family member of the partner of your child
-
A community organization
HEALTH & CHARACTER REQUIREMENTS
All applicants and accompanying family members are required to undergo a health check, including your partner and any dependents.
OUTSTANDING DEBTS TO THE AUSTRALIAN GOVERNMENT
The Australian Government will require you to repay any debts before this visa can be issued. You may need to arrange a repayment plan if you are in financial difficulty.
VISA APPLICATION LIMITATIONS
You may not be able to apply for this visa if you are inside Australia in certain cases, such as:
-
If your previous visa had a condition that prevented you from obtaining a substantive visa in Australia
-
You do not currently hold a substantive visa, and you have had a visa refusal or cancellation since your last visit
-
You currently hold a sponsored visitor visa
-
You are being held in immigration detention
Balance-of-family test
The balance-of-family test measures your ties to Australia. You meet this requirement if either:
- at least half of your children live permanently in Australia
- more of your children live permanently in Australia than in any other country.
We do not assess the nature of your relationship with your children.
If you do not know where your children are, we consider that they are in the country in which they were last known to live.
To be counted as usually living in Australia, your children must be one of the following:
- Australian citizens
- Australian permanent residents who usually live in Australia
- eligible New Zealand citizens who usually live in Australia.
Your children are counted as normally living outside Australia if they are in Australia on a temporary visa (such as a student visa).
In the balance-of-family test, your and your partner’s children are counted, including stepchildren and adopted children, unless they:
Are deceased
They are removed from their parents’ legal custody through adoption or court order
Areere registered by the United Nations High Commissioner for Refugees (UNHCR) as refugees and live in a camp operated by UNHCR.R
The children live in a country that suffers from persecution or human rights abuses and cannot be reunited with their parents.
A stepchild is either:
- your current partner’s child, or
- younger than 18 years of age and the legal responsibility of you or your partner and:
- the child of your former partner, or
- the child of a former partner of your current partner.
The balance-of-family test does not recognise stepchildren born from polygamous or concurrent relationships in Australia.
THE APPLICANT(S)
It is imperative that you and any additional family members comply with all Australian laws if you are granted this visa.
THE SPONSOR
Sponsors must assist their family members in settling in Australia by providing the following:
- moral support
- adequate accommodation
- financial support
Sponsors must comply with these obligations for the first two years of residency.
ASSURER OF SUPPORT
The assurer must:
-
Ensure that you or any accompanying family members do not rely on government assistance.
-
Any recoverable social security payments you receive from Centrelink, as well as any others covered by the Assurance of Support, are refunded to the Australian Government
-
Before the visa is approved, you must pay a refundable security bond
After you and any accompanying family members arrive in Australia, the Assurance of Support must remain in place for two years.
An Assurance of Support (AoS) is a legal undertaking by the sponsor, family relative, organization, or any other person who may be eligible to be an assurer, to repay certain social security payments to the Australian Government that were made to an individual or their family members who apply to migrate to Australia during the AoS period.
The above list is not exhaustive. It should not be construed as immigration advice, but as general information only.