In an earlier post we discussed the availability of Medicare in Australia to those who are applying for an onshore visa such as an Aged Parent subclass 804 visa.

We have been reminded of a Parliamentary Exchange which confirms that Medicare is available to such individuals – see here for the details.

The relevant part is at number 9.

Senator Michaelia Cash asked the then Minister for Health and Ageing (Senator Ludwig):

(9) Does the eligibility for reciprocal Medicare benefits for parent visa applicants, whether on bridging visas or on 410 visas, apply to both the Parent (Migrant) Visa (Subclass 103) and the Aged Parent (Residence) Visa (Subclass 804)?

The answer from Senator Ludwig was:

(9) Yes

In the event that applicants for subclass 804 visas from the UK (or other Reciprocal Health Care Agreement countries) experience difficulties obtaining a Medicare card we suggest the details from the above link are provided to the local Medicare office.

News reaches us that the Parent Visa Centre has exhausted the allocation of Contributory Parent visas for the year ended the 30th of June, 2016.

This means it is unlikely that there will be further visa grants under subclasses 143, 173, 864, and 884 until the start of the new program year in July 2016.

Our experience is that subclass 143 and 173 offshore visa applications lodged in mid-May 2014 are those that have been assessed and are awaiting a decision as to visas being granted.

By contrast, applications for subclass 864 and 884 onshore visas (the Contributory Aged Parent visas) lodged in August 2015 are being assessed now with a view to grant in the 2016/17 program year.

Processing timeline expectations for the offshore subclass 143 and 173 visas are therefore now over 2 years, while the timeline for onshore applications under subclasses 864 and 884 is about 10 months.

As some may know already, the Australian Government through the Foreign Investment Review Board (or FIRB) places restrictions on the purchase of residential property in Australia by individuals who are not Australian citizens or permanent visa holders.

This can affect those who apply for a visa under subclass 804 – the Aged Parent visa category – where there is a waiting time of several years, applicants remain in Australia as the holder of a Bridging Visa pending a decision on their 804 visa application, and there is a wish to acquire a new home in Australia.

Such people should be aware of the restrictions that are policed by the Foreign Investment Review Board, or FIRB: approval from the FIRB is usually required when a temporary visa holder wishes to acquire residential property in Australia.

The same restrictions apply to the holder of a Bridging Visa that is granted to an individual following the submission of an onshore visa application.

An updated Guidance Note has been issued by the FIRB following the introduction of a fee schedule at the start of December 2015, whereby an application fee must now be paid when seeking approval for the purchase of a residential property in Australia.

The new fees payable to the FIRB when acquiring residential property in Australia are also discussed in the Guidance Note.

The Minister for Immigration in Australia has confirmed by way of Legislative Instrument 15/111 that the maximum total number of visas that can be granted for the year to 30th June 2016 under subclass 103 (Parent) and 804 (Aged Parent) will be 1,550.

This is the same number of visas as was permitted for the previous financial year.

We invite those interested in the number of available non Contributory Parent visas each year to also read our previous blog on the expected processing time for subclass 804 visa applications.

All who apply for a parent visa – whether contributory or non-contributory – must meet a balance of family test before the visa is granted.

The balance of family test requires the visa applicant to have:

• At least half of their children lawfully and permanently resident in Australia (including what are called “eligible New Zealand citizens” who are usually resident in Australia), OR
• More children permanently resident in Australia (including eligible New Zealand citizens who are usually resident in Australia) than in any other single county.

Department of Immigration policy indicates that it will count all natural, adopted and step-children of:

• The applicant
• The applicant’s current partner (including de facto partner)

If a parent visa application was lodged on or after the 1st of July, 2011 adult step children from a former relationship are not counted.

Children are not counted in the balance of family test if they:

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

Children who are outside Australia are considered to be residents of the country other than Australia where they usually live.

Children who are in Australia on a temporary basis are considered to be residents of the country where they previously lived before traveling to Australia. If the child has no legal right to return to that country, they are taken to reside in their country of citizenship.

Children whose whereabouts are unknown, or cannot be verified, are considered to be residents of their last known country of usual residence.

The Department of Immigration has a useful table on its website that sets out various permutations and considers whether the balance of family test has been satisfied.