At the time of writing this article the Department of Immigration’s website advises that ” … there can be long waiting times of up to 30 years before this visa is approved.”

We take issue with that statement, because so far as we are aware – and we have been looking after parent visa applications for many years – no subclass 804 visa application has ever taken 30 years to be processed to a decision.

While we acknowledge there are a limited number of visas available – 1,550 are available for the current program year under subclasses 103 and 804 – the Department of Immigration’s online queue calculator does not support such a long waiting time.

For example, an application for a subclass 804 visa with a queue date of 22 July 2015 has approximately 4,530 persons ahead of it in the queue. We do not see this as equating to a 30 year processing timeline.

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At the present time the Department of Immigration’s Parents Visa Centre is processing to a decision subclass 804 visa applications with a queue date in November 2008.

The PVC is presently assessing applications lodged in November 2014 with a view to issuing a queue date.

Here are a few examples from our subclass 804 Aged Parent visa client list:

> Application lodged Sept 2013; medicals and police clearances requested Nov 2014; queue date Jan 2015

> Application lodged Dec 2013; medicals and police clearances requested Feb 2015; queue date July 2015

> Application lodged May 2014; medicals and police clearances requested May 2015; queue date June 2015

> Application lodged Sept 2014; medicals and police clearances requested June 2015; queue date July 2015

Remember that the time between the request for medicals and police clearances and the issuing of a queue date will depend on the time it takes the visa applicant to arrange the details requested. The quicker these are arranged the earlier will be the queue date, and hence the sooner the visa application will be assessed in due course.

The processing times for the older style Parent (including the subclass 804 Aged Parent) visa applications and the Contributory Parent visas vary significantly.

For example, at one end of the scale Contributory Aged Parent visa applications (subclass 864) are presently being processed to a decision in some 4 to 6 months.

By contrast current day applicants for the Parent and Aged Parent visas are looking at a processing time of some 10 years or more – the Department of Immigration quotes some 30 years on its auto response email (see below for details), but this is subject to a number of variables, including mortality rates, and political imperatives over the next couple of decades. For example, a future Minister might be more favourably inclined towards subclass 103 and 804 applicants who are in the queue.

To quote an old adage, you have to buy a ticket in the raffle to have a chance of winning a prize.

If you would like to see what applications are presently being processed at the Department of Immigration’s Parent Visa Centre you can:

• Send a blank email to the Parent Visa Centre (no subject line required) here
• Look at the Parent Visa Tracker website to see what is happening to other applications of a similar type

The Visa Application Charge payable to the Department of Immigration when lodging a visa application under the following subclasses is increasing from the 1st of July, 2015, as follows:

> Parent, subclass 103 – to A$3,870 for the main applicant; A$1,935 for a secondary applicant aged 18 or over

> Aged Parent, subclass 804 – to A$3,870 for the main applicant; A$1,935 for a secondary applicant aged 18 or over

> Contributory Parent, subclass 143 (no previous subclass 173 visa) – to A$3,695 for the main applicant; A$1,245 for a secondary applicant aged 18 or over

> Contributory Aged Parent, subclass 864 (no previous subclass 884 visa) – to A$3,695 for the main applicant; A$1,845 for a secondary applicant aged 18 or over

There have been no changes to the 2nd Visa Application Charges in this round of increases to VACs.

This is another question that we are being asked frequently: can an applicant for a subclass 804 Aged Parent visa depart Australia (for example to regularise their affairs overseas – such as selling a house) and return to Australia.

A Bridging Visa A (“BVA”) is issued to valid applicants for a subclass 804 visa. The BVA allows the holder to remain lawfully in Australia while the onshore visa application is being processed, and for a further period of at least 28 days following an adverse decision on the visa application.

A BVA does not provide for entry to Australia.

2 circumstances might arise:

> A visitor visa – such as an ETA or an eVisitor – might have been used for the entry to Australia. These visas often allow for multiple entry over the validity period of the visa. For example 3 month maximum stay on any one visit to Australia over a period of 12 months from the date of grant.

So long as the visitor visa remains valid the same visa can be used to re-enter Australia.

It is though prudent to ensure that the BVA remains in issue upon a return to Australia, as the act of departing and returning can cause the original BVA to be cancelled.

We find that an email exchange with the Parents Visa Centre achieves the desired level of comfort.

> If there is no valid visitor visa and a BVA is held an application should be made for a Bridging Visa B, or BVB.

This is a separate application to the Department of Immigration, for a which a relatively notional charge is payable (A$140 at the time of writing).

Application for the granting of a BVB is made to the Department on form 1005 or 1006.

Applicants must have a “substantial” reason for leaving and re-entering Australia.

Department of Immigration policy advises that: ” … a substantial reason for wishing to travel would include travel associated with the person’s:

The above examples are given as a guide to the types of reasons that could be considered and are not exhaustive. Officers must use their judgment when deciding if they are satisfied that the person’s reasons for wishing to travel are substantial and document the reasons for their decision.”

The validity period of a BVB will depend on what has been requested by the applicant. Policy guidance requires that case officers assess whether the requested period ” … is consistent with the person’s circumstances, in particular that the period of absence from Australia does not exceed the expected remaining processing time for the substantive visa application.”

We have heard of subclass 804 visa applicants being granted BVBs with a return date of 2 years from grant, but this should not be relied upon – each case will be considered on its merits.

A question we are being asked regularly now the subclass 804 Aged Parent visa has been re-opened for new applicants relates to the availability of Medicare once a Bridging Visa has been granted.

To recap, once a valid Aged Parent visa application has been lodged a Bridging Visa A will be granted straightaway – at the time of writing BVAs are being issued by the Parents Visa Centre within 3 business days of the application being lodged.

Our understanding is that upon production of the Bridging Visa grant advice from the Department of Immigration at a local Medicare office a temporary Medicare card will be issued with a 5 year validity period, where the visa applicant previously resided in a country which has a Reciprocal Health Care Agreement (RHCA) with Australia.

See here for a list of countries which have a RHCA agreement with Australia.

Anecdotally we have been advised by our clients that they have been told there are no Medicare restrictions attaching to this card.

In other words, the same entitlements to Medicare are available to BVA holders with an 804 visa application in the system as are available to the generality of Australian citizens and permanent residents.

We recommend that those who are concerned about the extent of Medicare cover should contact Medicare Eligibility, and not the local Medicare office. Send an email to us if you would like a phone number in this regard.