Nearly three years of pandemic restrictions have severely disrupted our ability to return home and reunite with family. Many PR holders living in Australia have built stable careers — some have even started families of their own — and while they had hoped to visit their parents regularly, the pandemic cut off that path. Recently, we have been receiving a growing number of enquiries about parent migration, particularly the Contributory Parent visa. This article outlines the current status of contributory parent migration and the requirements for applying.
Current Processing Status of the Subclass 143 Contributory Parent Visa
According to the Department of Home Affairs’ 2020–21 Migration Programme Report, as at 30 June 2021, the total backlog of parent migration visa applications stood at 114,359 — a 5.2% increase on the same period the previous year. With the annual parent visa quota set at just 4,500 places over the past two years, wait times have grown significantly longer.
Encouragingly, the government has increased the parent migration visa quota to 6,000 places for the next financial year, which should help to ease the severe backlog somewhat.
Processing speed is primarily determined by:the annual grant quota, the volume of applications in the backlog,the number of visas refused or granted, processing requirements, and the Department of Home Affairs’ internal resourcing arrangements —among other factors.
Lodged Mid-2016 — Wait Time of 6–7 Years
As at January 2022, the Department of Home Affairs website indicated that Contributory Parent visa applications lodged up to June 2016 were being processed. Many clients who have already lodged often ask: where is processing up to now?The answer — June 2016 — has not changed for well over a year,not because the Department is not granting visas, but because the number of grants is completely mismatched with the volume of applications lodged each month. Applicants from mid-2016 have now been waiting 6–7 years.
For more detailed analysis, see:Why the Subclass 143 Parent Visa Processing Seems Stuck at Mid-2016
One positive sign is that, in early April, some of our clients who lodged in July 2016 received requests for additional information, indicating that processing has begun to advance into July.
Lodging Now — A Wait of 10-Plus Years Is Already an Optimistic Estimate
For those lodging a new application today, let us estimate the wait time using the fastest-processing option — the Subclass 143 Contributory Parent visa:
As at the end of February 2022 (the latest data we obtained from the Department of Home Affairs), there were over 65,000 applications in the backlog,using the next financial year’s quota of 6,000 grants, and applying the historical ratio of 4:1 between contributory and non-contributory parent visas,the contributory stream as a whole would receive approximately 4,800 places;(for simplicity, this optimistic estimate assumes all 4,800 contributory places go to Subclass 143, excluding Subclass 864 and others).A rough estimate puts the wait time for a new application at over 13 years (65,000 ÷ 4,800).
Overall, contributory parent migration is unquestionably slowing further.
As for the non-contributory Subclass 103 Parent visa, the estimated wait is at least 30 years or more. As a result, many applicants who initially lodged a Subclass 103 are now switching to the Subclass 143 contributory stream — fortunately, this does not affect their place in the queue.
As successive waves of new migrants settle in Australia, the number of people lodging parent migration applications is unlikely to fall sharply any time soon,which is why we have consistently argued that a meaningful increase in the grant quota is the only real solution.
Given these wait times, our consistent advice is that once a child obtains PR, parents should lodge their application and join the queue immediately — even if there are no current plans for them to relocate. So,how does one apply for a Subclass 143?
Subclass 143 Visa Application
Eligibility requirements:
— the child must be an Australian citizen, permanent resident, or an eligible New Zealand citizen,and must have been living in Australia for at least two years;
— satisfy the family balance test;
— have an assurance of support sponsor;
— meet health and character requirements.
Visa fees: (excluding migration agent service fees)
— visa application charge: AUD 4,225 (payable at the time of lodgement)
— second instalment (contributory amount): AUD 43,600 (payable when your application is reached for processing)
— the assurance of support sponsor pays a bond of AUD 10,000 (plus AUD 4,000 for each secondary applicant). This bond is refunded after 10 years, provided the visa holder has not received any government welfare payments during that period. As a result, parents cannot receive the Age Pension for the first 10 years after obtaining PR.
Benefits upon Obtaining PR
– Medicare (public health insurance)
– parents aged 60 and over may apply for a Seniors Card,which provides extensive concessions across many areas of everyday life, including public transport, travel, exhibitions, performances, shopping, health care, and financial advisory services.
– free English language tuition
– caring for grandchildren (with government childcare subsidies available)
– social welfare benefits
– future eligibility for the Age Pension
– freedom to travel and live between Australia and China to visit family and friends
Parent Visa Applicants May Be Eligible for a Bridging Visa
This is something of a special concession that emerged from the pandemic. For parent migration visa applicants, those who have already lodged a parent visa application during the pandemic may, if they meet the following criteria,be eligible for a bridging visa to remain in Australia while awaiting a decision, without the need to repeatedly apply for visitor visas.
Applicants may apply for and be granted a Bridging Visa A (BVA):
– the applicant lodged a parent migration visa application before 24 March 2021;
– if a non-paper-based application was lodged from outside Australia;
– the applicant held a substantive visa (such as a visitor visa) at the time of lodgement;
– the applicant was in Australia on 24 March 2021;
– the parent migration visa application is still being processed.
Case Study 1: Bridging Visa A granted after lodging a Subclass 143 Contributory Parent visa application
Case Study 2: Bridging Visa A granted after lodging a Subclass 103 (queue-based) Parent visa application
If the applicant did not hold a substantive visa at the time of lodging the parent visa,the applicant is not eligible for a BVA;however, they may be eligible for a Bridging Visa E (BVE) (discussed further below).
#1
Can a Minor Australian Citizen or PR Holder Sponsor Their Parents?
In a family of three, the mother is an Australian PR holder, the child was born in Australia and is therefore an Australian citizen, currently aged 5, and the father holds a Chinese passport and has not applied for PR. The parents have separated and divorced, and the child is in the father’s custody — living in China on a Chinese visa. Does the father have any pathway to a parent visa? Can the child sponsor the father?
Answer:The father does have a pathway to a parent migration visa;however, the child, being only 5 years old, cannot personally act as a sponsor.That said, if the child’s mother or another relative with PR or citizenship is willing to act as sponsor, the application can proceed.Migration law states that a child under 18 cannot personally apply to sponsor their parents for a parent migration visa. However, the child’s relatives — including their parents — may act as sponsors, provided those relatives are aged 18 or over and are PR holders, Australian citizens, or eligible New Zealand citizens who have lived in Australia for at least two years.
#2
Can Children Brought by a Step-Parent Co-Sponsor a Parent?
A child who has held PR and lived in Australia for many years has now obtained Australian citizenship. Their parents back in China are divorced and have each formed new families. The child now wishes to apply for a parent migration visa for their mother, but the mother’s new family includes children brought by her new partner (the stepfather). Is the mother eligible to apply? Can the stepfather’s children be counted?
Answer:It depends on the ages and number of children in the new family.Migration law requires that the number of qualifying children (those eligible to sponsor) must be greater than or equal to the number of non-qualifying children. This includes stepchildren — defined as children under 18 brought by a step-parent. The total number of children is the combined count of biological siblings and stepchildren under 18. If at least half of all children are Australian citizens or have been permanent residents living in Australia for at least two years, the parent is eligible to apply for a parent migration visa.
#3
For Parents Who Have Already Lodged a Subclass 143 Application and Wish to Remain in Australia Long-Term — What Are the Options?
During the pandemic, the parents of a PR holder had been staying in Australia with their child on a visitor visa for several months. They lodged their Subclass 143 visa before 2019 and did not hold any other Australian visa at the time. They are seeking advice on how to remain in Australia continuously while awaiting the outcome of their application, without having to repeatedly renew visitor visas.
Answer:In addition to the visitor visa, two other options are available: the Subclass 870 Sponsored Parent (Temporary) visa and the Bridging Visa E.
Subclass 870 Sponsored Parent (Temporary) Visais a temporary parent visa valid for five years, which can be applied for twice, allowing parents to reside in Australia for up to 10 years in total. The child must first apply for sponsorship approval, with the most critical requirement being that they meet the income threshold.
Bridging Visa E (BVE)allows parents to remain in Australia while awaiting their visa outcome; however, it does not permit the holder to obtain a Bridging Visa B (BVB) for travel — a separate visa must be obtained to return to Australia. Furthermore, if a BVE holder departs Australia and subsequently applies for an Australian visa, they cannot apply for another Australian visa within three years of leaving, unless special circumstances apply. The Bridging Visa E is therefore a last resort — for those whose visa has expired, who wish to remain in Australia to await their outcome, and who have no better alternative.
To give parents the best chance of reuniting with family in Australia sooner, being by their side, and enjoying Australia’s excellent natural environment and lifestyle benefits — if the contributory parent visa quota does not increase substantially over the coming years, a wait of around 10 years will likely become the norm. For that reason, once a child obtains PR, we strongly recommend lodging the parent application and joining the queue as early as possible.For a detailed assessment of your specific documents and circumstances, feel free to get in touch with us at any time!
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