Category Archives: 804 visas

Parent Visas – Place to be at Time of Visa Grant – COVID Concessions Start

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Temporary relaxations in the place where parent visa applicants are required to be at the time of visa grant come into effect today.

The Migration Amendment (Parent Visas) Regulations amend the Migration Regulations to allow specified Parent Visas to be granted during the COVID concession period in locations other than those usually applying.

For applicants for the following Parent visa classes who are located in Australia, but who would be otherwise required to be outside Australia at the time of visa grant, these visas may be granted when onshore:

  • Parent (Permanent) (subclass 103)
  • Contributory Parent (Permanent) (subclass 143)
  • Contributory Parent (Temporary) (subclass 173)

For applicants for the following Parent visa subclasses who are located outside Australia, but who would otherwise be required to be in Australia at the time of visa grant, these visas may be granted when offshore:

  • Aged Parent (Permanent) (subclass 804)
  • Contributory Aged Parent (Permanent) (subclass 864)

These COVID concessions apply to visas that were lodged before 24 March 2021 and before the end of the concession period prescribed in Regulation 1.15N(1).

No end date for the concession period has been prescribed at the time of writing this article.

For the grant of a Subclass 103, Subclass 143 or Subclass 173 visa while the applicant is in Australia, the applicant must have been in Australia on 24 March 2021, but not in immigration clearance.

For grant of a Subclass 804 or Subclass 864 while the applicant is overseas, the applicant must have been outside Australia on 24 March 2021 and must not be in immigration clearance.

Aged Parent Visas – Changes to the Meaning of Aged

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Those who have a child living in Australia and who meet the balance of family test can consider an onshore parent visa application if one of the visa applicants is “aged” (as defined).

A parent is defined as being aged if s/he is old enough to be granted an Age Pension under Australia’s Social Security Act 1991.

Since the 1st of July 2013 the threshold age has been 65 for men and for women.

However, the age at which Age Pension is available is increasing from the 1st of July, 2017.

More specifically, from the 1st of July, 2017 the minimum age for both men and women to qualify for the Age Pension will increase, such that for men and women born on or after the 1st of July, 1952 the pension age will progressively increase by 6 months every 2 years until it reaches 67 on the 1st of July, 2023.

The changes to the age at which the Age Pension is available – and hence when an individual will be able to apply for an onshore parent visa – are described more fully at this webpage.

To recap, the following sub classes are onshore parent visas:

  • 804, Aged Parent
  • 864, Contributory Aged Parent
  • 884, Contributory Aged Parent  (Temporary)