Category Archives: Uncategorized

Contributory Parent Visa Applications – Separate Applicants – Restrictions on Sponsoring a Partner

If we could roll the clock back into early 2009 a cost reduction strategy commonly adopted by applicants for a subclass 143 Contributory Parent visa was for one parent to apply for the subclass 143 visa, and for that individual to sponsor his or her partner/spouse for a partner visa once the 143 visa was granted.

The cost of applying for a partner visa was tens of ‘000’s of $’s cheaper, meaning this strategy was worth considering by many.

The position has since changed: a person who has been granted a Contributory Parent category visa on or after the 1st of July, 2009 is now unable to sponsor a partner or prospective marriage visa applicant until at least five years have passed since they were granted their visa, if they were in a married or de facto relationship with that person on or before the date they were granted the last Contributory Parent category visa.

There are some exceptions to this limitation in compelling circumstances.

Couples who are challenged financially by the cost of a Contributory Parent visa may therefore want to consider a two step (subclass 173/143, or 884/864) strategy, or a non Contributory Parent visa strategy.

Intending parent visa applicants who would like to discuss their options in a free initial discussion should feel able to complete the enquiry form on the right of this page.

Medicare on a Bridging Visa – In case of difficulties at the Medicare Office …

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.

Contributory Parent Visas – No More Grants for 2015/16 Program Year

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.

Purchase of a Residence in Australia by Bridging Visa Holders

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.

Number of Parent Visas Confirmed for 2015/16

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.