All posts by Alan Collett

End of the Covid concession – What it means for Subclass 143 Visa Applicants with Bridging Visas

As some will know, the Australian Government introduced concessions across the visa program during the Covid pandemic.

This included allowing applicants for subclass 143 Contributory Parent visas to be onshore – ie in Australia – at the time the 143 visa was granted.

As a result of this concession it was possible to apply for a Bridging Visa, providing certain conditions were satisfied.

The Covid concession for subclass 143 visa applicants ended on 25 November 2023.

This means that Bridging Visas for subclass 143 visa applicants can no longer be granted to Subclass 143 visa applicants.

The most immediate practical impact of this is for subclass 143 visa applicants who are in Australia with a Bridging Visa that is in effect and who want to travel overseas and return to Australia.

Until 25 November 2023 such individuals would apply for a Bridging Visa B.

BVBs are no longer available to subclass 143 visa applicants as they can no longer be onshore at the time the permanent residency visa is granted.

For many this is an unwelcome outcome – if they depart Australia they are unable to return using the Bridging Visa regime.

Strategies to adopt if you are a subclass 143 visa applicant with a BVA or BVB that is in effect (ie active) include applying for a subclass 870 Sponsored Parent Temporary visa with a 3 year or a 5 year validity, or exploring obtaining a visitor visa if you are within a short period of your 143 visa being granted.

 

Queuing Confusion! – Subclass 143 Contributory Parent Visa Applications

As noted in an earlier blog post the Department of Home Affairs now queues applications for Contributory Parent visas.

The process of queuing Contributory Parent visa applications has had a slow start, but we are now starting to see subclass 143 Contributory Parent visa applications being reviewed by delegates at the Parent Visa Centre with a view to them being given a queue date.

Specifically, from Ministerial Direction 103:

queue date means the date  on which the applicant is assessed by a delegate as meeting all of the prescribed criteria for the visa, other than the following:

(c)  for Onshore Parent visas (Subclass 804) and Contributory Parent visas (Subclass 864 and 884), the applicant’s payment of the second instalment of the visa application charge and, where applicable, assurance of support requirements;

(d)  for Parent visas (Subclass 103) and Contributory Parent visas (Subclass 143 and 173), the applicant’s health and character requirements, payment of the second instalment of the visa application charge and, where applicable, assurance of support requirements.

Customarily with the non Contributory Parent visa caseload (subclasses 103 and 804) the queue date given is the date the application is assessed by the delegate as meeting certain requirements.

Some of the queue dates issued recently – notably in October 2023 – were the dates on which the delegate assessed the prescribed criteria as being met, as per the Ministerial Direction.

However, a short time later these applicants (or their agents) received letters from the Department of Home Affairs advising of updated queue dates, which was the date the visa application was submitted to the Department.

We have made enquiry of the Department and have been advised:

The Department is currently assessing a large number of Contributory Parent visa applications for a place in the queue. In order to ensure that clients are not disadvantaged by the delay in assessing their application for the queue, the Parent Visa team are currently utilising provisions within Ministerial Direction 103 to assign a retrospective queue date.

Given the large number of Contributory Parent visas under current assessment this will ensure that cases lodged months or potentially years apart do not ‘skip’ each other for a place in the queue due to our processes. It will also align with the queue method applied to Contributory Parent visas that were lodged up to 1 June 2018. To ensure equity, the Parent Visa team are currently revising the queue date assigned to a small number of Contributory Parent visa applications that were incorrectly assigned a 2023 queue date.

While we do not wholly subscribe to the procedure being adopted – it doesn’t align with the queuing of non Contributory Parent visa applications under subclasses 103 and 804 – this response does provide context to what we and some other visa applicants have experienced recently.

 

Onshore parent visa applications – Changing tack from an 864 to an 804

With processing times for Contributory Parent visa applications now extending to 12+ years many who have submitted applications for subclass 864 Contributory Aged Parent visas are questioning their visa strategy, and are considering withdrawing that application and applying for a subclass 804 non-Contributory Aged Parent visa.

There are though some practical issues that should be borne in mind.

In particular the issue of Bridging Visas and the ability to depart Australia and return should be understood before one withdraws an application for a subclass 864 visa and applies for an 804.

If you are in Australia as the holder of a Bridging Visa A that is in effect – ie is active – when you withdraw the 864 and apply for an 804 you do not hold what is called a substantive visa when the subclass 804 visa application is lodged.

This means that you will be granted a Bridging Visa C when the subclass 804 visa application is receipted.

Unfortunately it is not then possible to apply for a Bridging Visa B if you subsequently want to depart Australia and return at a later date: applications for BVBs can only be made by those who hold a BVA or a BVB.

Strategy for those wanting to move onto an 804 application from an 864 might therefore be to leave Australia without a BVB.

Apply for a tourist visa (eg a subclass 651 eVisitor if you are a UK passport holder).

Then apply for the 804 visa once you have returned to Australia.

You will then be applying for the 804 as the holder of a substantive visa, facilitating the issuing of a BVA when the application for the 804 visa is receipted by the Department of Home Affairs.

If you are considering moving onto a subclass 804 visa application as a subclass 864 visa applicant there are clearly important steps to take.   Go Matilda Visas is experienced in the handling of parent visas – if you think you need help with your parent visa application we’ll be pleased to have an initial high level chat with you, and to send details of our fees.

 

Immigration Minister Confirms Number of Parent Visas for the 2022/23 Program Year

The Australian Immigration Minister has confirmed the number of parent visas that can be granted for the program year ending on 30 June 2023.

By way of background, parent visas are subject to an annual capping of visa grant numbers; at this time of year it is customary for the Minister to confirm this by way of an Instrument.

Numbers are as follows:

Contributory Parent visas

A maximum of 6,800 visas may be granted for the 2022/23 financial year.

Of the maximum number of Contributory Parent visas a maximum of 112 visas may be granted to applicants for the Contributory Parent Visa Migrant, Class CA who hold or who last held SC 405 Investor Retirement or SC 410 Retirement visas.

Non Contributory Parent Visas

A maximum of 1,700 Parent visas may be granted in the 2022/23 financial year.

Of the maximum number of Non Contributory Parent visas a maximum of 13 visas may be granted to applicants for the Parent (Migrant) (Class AX) visa who hold or who last held C 405 Investor Retirement or SC 410 Retirement visas.

In Summary

The overall number of visas that can be granted for the program year ending on 30 June 2023 is therefore 8,500 – which is as announced by the Federal Government already.

We expect to see a flurry of activity in the next 5 weeks given the number of visa grants up to 30 April 2023 discussed in our previous blog.

Parent visas granted to date in Program Year 2022/23, ending on 30 June 2023

Go Matilda Visas has details of the number of parent visas granted from 1 July 2022 to the end of April 2023.

Parent, subclass 103 1,276
Aged Parent, subclass 804 43
Contributory Parent, subclass 143 5,627
Contributory Parent (Temporary), subclass 173 322
Contributory Aged Parent, subclass 864 80
Contributory Aged Parent (Temporary), subclass 884 less than 5
   
TOTAL 7,348

The migration program planning level for parents for the program year to 30 June 2023 is 8,500 – so we anticipate a further 1,000+ parent visa grants before the end of next month.

Subject of course to any reduced cap that the Immigration Minister might place on parent visa numbers for the 2022/23 program year.

Go Matilda Visas is a pro-active firm of migration advisors that takes a particular interest in parent visas being sought by those with a child or children residing in Australia.

If you require assistance with a parent visa application and would like an initial free chat please complete the enquiry form on this page.