The Contributory Aged Parent visa, subclass 864, is a permanent residency visa for individuals who have a child living in Australia.

A subclass 864 visa allows you to live in Australia – and to work if you choose – as a permanent resident.

You can plan for a visa to be granted under subclass 864 if you:

• Have a child who can act as the sponsor of your application, and who is an Australian citizen, an Australian permanent resident or an “eligible New Zealand citizen”, who is “settled” in Australia (as defined), and
• Meet the balance of family test

Importantly, applicants for this visa must be onshore (ie in Australia) when this visa is applied for and when it is granted, and must be “aged” (as defined).

Lodging an onshore visa application means that a Bridging Visa will be issued when the last visa used to enter Australia expires, so that the visa applicant can remain lawfully in Australia while the visa application is awaiting a visa decision. Individuals who wish to travel outside Australia and return while such an application is being processed should ensure they fully understand the consequences insofar as their Bridging Visa position is concerned.

The usual health and character requirements must also be satisfied.

A sponsoring child is usually considered to be “settled” in Australia if s/he is has lived lawfully in Australia for at least 2 years.

The balance of family test requires that either:

• At least half of your children live permanently in Australia, or
• More of your children live permanently in Australia than in any other country.

Thus, having 1 child living in Australia and 1 living in another country meets the balance of family test.

Having 1 child living in Australia, 1 child living in country A, and 1 child living in country B does not satisfy the test.

Visa application processing times are presently some 6 months from the date the visa application is lodged with the Department of Immigration’s Parents Visa Centre in Perth, Western Australia.

Two further points of note in respect of this visa subclass:

• It is possible to adopt a two stage strategy towards permanent residency, by applying for a temporary residency visa first under subclass 884 and then applying for a permanent residency visa under subclass 864. This allows for the large Visa Application Charge payable to the Department of Immigration to be split, although it is probable that the total VAC payable will be higher, as VACs usually increase at least one each year.
• An Assurance of Support is required as a condition of the granting of a permanent visa to parent applicants. An Assurance of Support is a financial guarantee, and can be provided by any Australian resident person – it need not be a relative of the visa applicant (though it often is). An income test must be satisfied by the Assurer for him/her to be eligible.

GM Parents brings together significant knowledge and experience from the Go Matilda Visas team in the area of Australian visa strategy.

We work with our clients on the basis of fixed fees, and a wish to have a long term relationship based on our expertise, trust and a quality service.

If you are a parent with a child living in Australia and would like help with an Australian visa application please contact your nearest GM Parents office or complete the form on this page for a no obligation free initial discussion.

We look forward to hearing from you.