From 1 November 2021, Australia officially opened its borders to the parents of PR holders and citizens, and parents with a valid visa can finally come to Australia to reunite with their families.
This means that,as long as parents hold a valid visa and have received two doses of a TGA-approved vaccine, they may enter through New South Wales and Victoria quarantine-free.If parents’ two doses are not a TGA-approved vaccine, they may still enter via self-funded hotel quarantine. It is also important to note that, in addition to holding a valid visa, parents must apply to the Department of Home Affairs for an entry exemption.Of course, this entry exemption should largely be a formality,and documents will not be scrutinised as strictly as they were previously.
Just today, 22 October, the Department of Home Affairs website added parents (including a spouse’s parents) as an eligible category of immediate family member for entry exemptions, and the system has been updated to accept exemption applications.
This week, in addition to a large number ofparent entryenquiries, we have also received many enquiries aboutparent visa types. Some are recent PR holders looking to arrange migration for their parents at the same time, while others are waiting for a parent migration visa to be granted and want to know which visa their parents should use to travel to and from Australia in the meantime — after all, even the contributory queue is extremely long now, and the standard queue for the Subclass 103 can span decades.
Today, we will walk you through the full preparation checklist for your parents’ arrival in Australia.
Order of Exemption and Visa Applications
First, a reminder on the order of applications: as mentioned above, entry exemptions for parents of PR holders and citizens are now open for application,so parents currently overseas without an Australian visa need to apply for a visa first and then apply for the exemption,after which the exemption is typically approved first, followed by the visa.
Vi
sa
So the first step is to talk about visas.
When bringing parents to Australia, a visitor visa is the primary option. Whether parents have already lodged an offshore parent migration visa and are in the queue, or they plan to enter Australia to lodge an onshore aged parent application, a visitor visa is the fastest to be granted and the simplest to process, with various length options available.
Parents often ask us: does Australia have family visit visas, business visas, tourist visas — one-year, three-year, five-year options? And if I want to visit family but also do some sightseeing, which one should I apply for?In reality, all of these are simply different types of visitor visa — at their core, they are all visitor visas.Let us focus on the options most relevant to parents:
Short-term visitor visa:
The most common option is the standard single-entry visitor visa, which allows parents to stay in Australia for up to three months per visit. This visa involves straightforward procedures and does not require health insurance or a medical examination. It is suitable for parents making a single, short-term visit, or for those who plan to apply for another visa once they are in Australia.
Once granted, this visa allows parents to stay for three months per visit as long as they enter before the visa expires — they do not need to depart before the expiry date.
Long-term visitor visa:
If parents have not previously visited Australia and would like to stay for an extended period, an 18-month visitor visa is available. If parents have already visited Australia on a visitor visa before, a three-year multiple-entry visitor visa is an option.
If parents have already lodged an offshore parent migration visa and are in the queue, they may also apply for a five-year long-stay visitor (family visit) visa.
With any of these long-term visitor visas, parents can stay in Australia for up to one year in every 18 months, saving the hassle of frequent international flights.
Please note thatlong-term visitor visas can only be applied for from outside Australia, require a medical examination and health insurance, and do not permit a stay of more than 12 months in any 18-month period.For parents planning to apply for an aged parent visa after entering Australia, we recommend applying for a short-term visitor visa to minimise the risk of the 8503 condition preventing an onshore extension.
You can now apply for a visa for your parents, though approval is unlikely before 1 November at the earliest.The Department of Home Affairs has received a significant backlog of visitor visa applications, so for parents planning to arrive in the near term, we strongly recommend lodging the visa application earlyto avoid any delays to their travel plans.
Ex
emption
Step 2: Apply for the entry exemption on the Department of Home Affairs website.
The Department of Home Affairs website currently categorises entry for parents under automatic exemption, but also notes that some basic supporting documents are still required, and arrival is only permitted once the Department has granted approval.
Types of parents eligible for the exemption:
Biological parents
Legal parents (including adoptive parents)
Stepparents
Parents of a spouse
Because entry exemptions are generally only valid for three months, you should plan your exemption application timing carefully to ensure it aligns with your parents’ flights and visa.Generally speaking, once you have lodged the visa application, you can begin looking at flights and applying for the entry exemption. If the exemption result comes back first, it can also be used to follow up on the visitor visa.
The supporting documents required for the entry exemption are relatively straightforward:a passport, the Australian PR/citizen child’s passport, visa and birth certificate notarisation, and official proof of vaccination(international version, obtainable via the WeChat mini programme). In summary, the documents cover two areas:proof of the child’s PR/citizenship status, and proof of the relationship between the applicant and the child.
If you need help lodging a parent visitor visa, feel free to contact us directly.
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Step 3: Much is still to be confirmed.
New South Wales and Victoria: fully quarantine-free
At present, vaccinated parents are eligible to apply for an entry exemption. Parents who have received two full doses of a TGA-recognised vaccine — such as Sinovac — may enter through New South Wales or Victoria quarantine-free. Parents vaccinated with other types of vaccines will be required to complete hotel quarantine upon arrival.
Here is an update from today:Victoria, where Melbourne is located, announced today that it will follow New South Wales by completely abolishing hotel and home quarantine for eligible overseas arrivals from 1 November,provided they have received two doses of a vaccine recognised by Australia (currently Sinovac is accepted domestically), potentially giving parents an additional flight route option.
Other states, based on earlier announcements, are preparing for seven days of home quarantine and have not yet announced quarantine-free arrangements.
If hotel quarantine is required:
Hotel quarantine policies upon arrival differ in detail across Australian states and territories. In New South Wales, for example, arrivals are directed to a designated quarantine hotel upon landing, and an invoice for the relevant costs is sent to the traveller after quarantine is completed.
This area is currently quite unclear, including the question many are asking about whether there is a capacity cap on hotel quarantine. Many details remain unsettled, but as 1 November is fast approaching, clarity should follow soon.
Post-arrival visa options
01
Parent migration visas
As mentioned above, once in Australia,if a visitor visa does not carry the 8503 no further stay condition, eligible parents may apply to transfer to an onshore aged parent migration visa — Subclass 804, 884, or 864.The number of siblings of the sponsor (the child) must satisfy the balance of family test.
The most notable difference compared to offshore parent visas is thatonshore parent migration applicants must meet the aged parent age threshold, generally 66–68 years of age, and upon lodging the application they are issued a bridging visa allowing them to remain in Australia while waiting in the queue.This article provides a brief overview of onshore parent migration options; please contact our consultants for detailed advice.
The Subclass 143 contributory parent visa cannot currently be lodged onshore — if you wish to apply, please arrange this while your parents are still overseas.
Subclass 804 — onshore queue-based aged parent migration
In addition to the aged parent threshold requirement mentioned above, applicants must also satisfy health and character requirements before their place in the queue is confirmed. This visa type involves a very long wait and is best suited to parents who are willing to remain in Australia for an extended period while waiting.
Subclass 864 — onshore contributory parent migration
Similar to the offshore Subclass 143, the Subclass 864 queue is shorter than the standard queue, but requires payment of a contribution fee.
Subclass 884 — the onshore equivalent of the offshore Subclass 173
After paying the initial application fee, applicants receive a Department of Home Affairs notification to pay a second contribution fee (lower than the Subclass 864 fee), and are then granted the Subclass 884 visa. Within the two-year period of the Subclass 884 visa, paying the remaining balance converts the visa to the Subclass 864 permanent residency. This visa type is less commonly applied for, but is a suitable option for applicants with some financial constraints who still wish to apply for a contributory parent migration visa.
Where are the various parent visa queues up to at the moment?As at 22 October 2021, the processing positions shown on the Department of Home Affairs website are:
02
Subclass 870 Sponsored Parent (Temporary) visa
The Subclass 870 has an annual allocation of 15,000 places and has no balance of family test or assurance of support (AOS) requirement; however, the sponsor’s household must satisfy an income test. This visa type generally must be applied for from outside Australia, with a processing time of 7–9 months, and parents may enter Australia once it is granted. Subclass 870 applicants do not need to meet the ‘aged parent’ age requirement,however, they must still be sponsored by an eligible child, and the sponsorship must be approved before the visa application can be lodged.
The Subclass 870 is a temporary visa available in either a 3-year or 5-year option. The 3-year option has an application fee of AUD 5,000 and the 5-year option costs AUD 10,000. A portion of the fee is payable at the time of application, with the balance due before the visa is granted. As a temporary visa,this parent visa cannot be converted to permanent residency, and is therefore most suitable for parents who wish to come to Australia for an extended stay with their children but do not intend to migrate permanently.If parents intend to migrate permanently, they should lodge a migration visa first before considering the Subclass 870.
The cumulative total validity of Subclass 870 applications cannot exceed ten years, so parents may apply for this visa a total of 2–3 times.If a parent has previously held a Subclass 870 visa and is currently outside Australia at the time of the new application, they must remain outside Australia for 90 days before they can apply for a new Subclass 870 visa.
As the Subclass 870 does not allow secondary applicants, both parents must apply separately for their own individual Subclass 870 visa.At the time of application, parents must demonstrate that they have sufficient funds to cover their expenses in Australia, and must also purchase health insurance and satisfy the Genuine Temporary Entrant (GTE) requirement, among other conditions.
We will not go into further detail on offshore parent migration in today’s article — please contact us for a full consultation if you are considering this path.
For planning and advice on all types of parent visas, feel free to contact us directly.
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