How Can My Parents Migrate to Australia?

If you want your parents to migrate to Australia, it is important to understand that parent-sponsored visas have strict eligibility criteria, long processing times and/or financial constraints. Generally, sponsored parent visas can be a complex area of immigration law to navigate. This article will help you understand the available parent visa pathways and eligibility criteria and provide you with useful tips for the best parent visa strategy.

Sponsored Parent Visas

There are temporary and permanent visa options in sponsored parent visas. We can also differentiate and group these visas into two further categories: 

• non-contributory; and 
• contributory parent visas.

Non-contributory visas are capped and queued. In addition to the small number of visas approved each year, this causes extremely long delays in processing times (up to 30 years). However, the cost of these visas is substantially lower than contributory visas.

Contributory visas are not capped, so processing times are significantly lower than non-contributory. However, these visas can reach exceptionally high government fees (over $47,000). This is where the meaning of ‘contributory’ originates, as applicants will contribute a large sum of money.

Visa Options

How Can I Apply to Sponsor My Parents?

To become a sponsor for your parent’s visa, you will need to make an application through ImmiAccount. Additionally, you can only sponsor a:

• biological parent;
• adoptive parent; or
• step-parent.

Your step-parent will only be allowed to apply for the temporary sponsored parent visa if they are still in a married or de facto relationship with your biological parent.

To sponsor your parents to migrate to Australia, you must:

• be at least 18 years of age;
• be an Australian citizen or permanent resident (or an eligible New Zealand citizen who has been in Australia for the last four years);
• be settled and live in Australia on a permanent and continuing basis;
• not have any outstanding government debts or public health debt (unless appropriate payment arrangements have been made);
• meet a minimum household income threshold (based on the combined income of your partner and siblings from the same parent); and
• meet character requirements.

If in the past ten years, you have spent more than 12 months in another country, you need to provide police clearances. You also must authorise to share any information that these clearances provide with your parents. The government must approve your sponsorship application before your parents can apply for the temporary sponsored parent visa.

What Are My Obligations as a Sponsor?

As a sponsor, you must provide financial support and accommodation for your parents in Australia. For example, this includes paying any outstanding public health debts that your parents incur in Australia, even after they leave the country.

Furthermore, you must notify the Department of Home Affairs if your parents are ever charged with a crime. You will also need to keep certain records, such as evidence of income, for two years after you cease being a sponsor.

If you breach any of these obligations, your sponsorship might be cancelled. This means that your parents will need to find a different sponsor or depart Australia. In certain circumstances, you might also be barred as a sponsor. This means that, over a specified period of time, you will not be able to sponsor any further parents to migrate to Australia.

How Can My Parents Apply?

For your parents to migrate to Australia, in addition to you meeting the eligibility criteria as a sponsor, they will also need to meet the eligibility criteria for the specific parent visas that they will apply for.

However, these criteria do not apply to all parent visas and will slightly change between visas. Therefore, it is important to understand which visa you and your parents are considering applying for. Accordingly, let us explore some of the most complex criteria below.

1. ‘Balance of Family’ Test Requirement

To apply for certain sponsored parent visas, parents must meet the ‘balance of family’ test, in which they must have at least half of their children permanently residing in Australia.

For example, say that Jane wishes to sponsor her mother Maria, and they have found a specific sponsored parent visa with the ‘balance of family’ test as a key component of the eligibility criteria. Maria has three children and only Jane is an Australian citizen currently settled in Australia. As Maria has more children living offshore than onshore, she does not meet the test and is not eligible for this particular visa.

2. Age Criteria

Certain sponsored parent visas can only be considered if your parent or parents are above the age pension threshold in Australia. Generally speaking, if the word ‘Aged’ is present in the visa name, this will be one of the criteria to pay attention to. Thus, if your parents are not old enough, they are not eligible for these visas.

3. Assurance of Support

The assurance of support is a financial bond you (the assurer) pay to the Australian Government on behalf of your parent and visa applicant (the assured). Additionally, it can range from $5,000 to $10,000 depending on the visa subclass. However, not all parent visas have this requirement.

4. Visa Conditions and Rights

It is important to understand that each parent-sponsored visa will have different visa conditions that will determine if your parent will be able to: 

• work;
• obtain access to medicare; 
• be allowed to subsequently apply for another parent visa, such as a permanent parent visa; and 
• remain in Australia during visa processing. 

Which Visa Should My Parent/s Apply For?

It is important to understand that will not receive a permanent parent visa immediately. For example, even temporary parent visas have a processing time of up to 24 months. Therefore, you must consider your parent’s migration goals and note any time or financial limitations in your current situation. Therefore, please consider the following:

• whether you want your parent/s to join you in Australia as soon as possible;
• whether you are willing to wait for several years until the visa is processed while your parent/s remain offshore;
• if you are willing and capable of covering extremely high visa application fees of up to $47,800 AUD;
• any financial constraints that will allow you to consider visas with lower application fees only;
• whether you prefer your parent/s to join you in Australia temporarily only (5-10 years) or permanently;
• whether your parents must have access to Medicare or whether you are willing to consider private health insurance instead; 
• whether you pass the ‘Balance of Family Test’; and
• whether your parents are above the current age pension threshold in Australia.

Accordingly, the answers to these questions will help you narrow down and decide which visa strategy best suits your migration goals and current situation.

For example, say that Jane was born in Ukraine and is now an Australian citizen living in Australia. Accordingly, Jane would like her father to join her in Australia permanently. Due to the current war, she would like her mother to enter Australia immediately. On the other hand, say that John was born in Macedonia and is an Australian citizen settled in Australia. He would like to bring his parents to Australia, also due to the current geopolitical situation. However, John’s father does not face any immediate danger, and he does not mind his father waiting offshore until the visa is processed. These two scenarios have different migration goals from the outset, which means the visa strategies will be broadly different.

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Key Takeaways

Parent-sponsored visas can be an excellent pathway for parents who wish to migrate to Australia. However, it can be complicated to understand which parent visa to apply for and if your parents meet the eligibility criteria. Therefore, it is key to think about your overarching migration goals, be aware of any limitations and be conscious of what you are willing to compromise and adjust to achieve these goals.

If you need help assessing your parents’ eligibility and discussing a suitable visa strategy, our experienced immigration lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.

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