Contributory aged parent visa
(subclass 864)
The Subclass 864 – Contributory Aged Parent (Residence) Visa allows parents of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia permanently. This visa provides a pathway to reunite with your children and enjoy the benefits of permanent residency. You will have the right to live, work, study, and access healthcare, and it offers a step toward Australian citizenship once you meet the eligibility requirements.
Key Benefits of the 864 Visa
Once granted, the 864 Visa offers a range of benefits, such as:
- Permanent Residency 5 years: Live in Australia indefinitely as a permanent resident.Â
- Apply for and obtain a Resident Return Visa (RRV) to re-enter Australia as a permanent resident if your initial 5-year travel facility expires.
- Work and Study Rights: Enjoy unrestricted work and study rights.
- Medicare Access: Enroll in Australia’s public healthcare scheme, Medicare.
- Sponsorship Opportunities: You may sponsor your relatives to come to Australia.
- Pathway to Citizenship: Eligible to apply for Australian citizenship, provided you meet the criteria.
Eligibility Criteria
To apply for the 864 Visa, you must meet the following conditions:
- Age Requirement: You must meet the age requirement to receive the Age Pension in Australia.
- Family Connection: You must have at least one child who is a settled Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
- Balance of Family Test (BOFT): Your application must satisfy the Balance of Family Test, meaning at least half of your children must live in Australia, or you must have more children in Australia than in any other single country.
- Previous Visa Restrictions: You must not have already applied for or hold a Sponsored Parent (Temporary) (subclass 870) visa when applying for the Subclass 864 Visa.
- Health and Character Requirements: You and your family members applying with you must meet the health and character standards set by Australian immigration authorities.
- Not have already applied for or hold a Sponsored Parent (Temporary) (subclass 870) visa when applying for this visa.
If you hold a Contributory Aged Parent (Temporary) (subclass 884) visa
You have the option to pursue the subclass 864 visa through a two-step process. Initially, you can apply for a Contributory Aged Parent (Temporary) (subclass 884) visa. This approach enables you to manage the cost of the visas by spreading them over multiple years. Additionally, it’s noted that you have already satisfied the balance of family test requirement.
Cost Breakdown
Include Family Members in Your Application
You can include family members in your application. It is mandatory to provide details of all family members, even if they are not migrating with you. Family members must meet health and character requirements set by Australian immigration authorities.
- Family Member Requirements: Family members applying with you (including partners and children) must meet health and character standards.
- Newborn Children: If your child is born after you have submitted your application, you must inform the authorities and follow the appropriate procedures. An additional charge may apply for including your newborn child.
How to Apply
To apply for the Subclass 864 Visa, you must apply through a paper application and any family members included in the application must be physically present in Australia at the time of application. However, you must not be in immigration clearance, meaning not in an immigration office or at a border checkpoint.
Processing Times
Processing times for the Subclass 864 Visa can be lengthy and will take years due to high demand and strict requirements. Applications may be delayed by incomplete documentation, missing information, or additional requests from the authorities. To avoid delays, ensure that your application is complete and that all fees are paid.
- General Processing Time: Processing times vary depending on individual circumstances. It’s important to be prepared for a potential wait of several months, depending on factors like the complexity of your application and whether additional documents or information are needed.
- Queue and Assessment Process: Applications are processed in two stages. Initially, your eligibility will be assessed, and the application will either be accepted for further processing or refused if the criteria are not met. Once a place becomes available in the queue, a final decision will be made on your visa.
Important Considerations
Before applying for the Subclass 864 Visa, it’s important to consider the following:
- Program Caps: Parent visas are subject to annual caps and queuing. If the cap is reached, your application will be placed in the queue and processed in subsequent years.
- Assurance of Support (AOS): The sponsor (your child or their partner) must guarantee financial support for you, ensuring that you will not require financial assistance from the Australian government. The sponsor must meet income requirements and may be required to provide a bank guarantee or term deposit.
Alternative Visa Options
If the Subclass 864 Visa is not suitable for you, there are other Parent visa options to explore:
- Contributory Aged Parent (Temporary) Visa (subclass 884): This temporary visa allows you to live in Australia for up to two years while you wait for your permanent residency under the Subclass 864 Visa. This visa has a lower initial cost but involves two separate applications, making the process longer.
Sponsored Parent (Temporary) visa (subclass 870), which is a temporary visa enabling parents to visit their children in Australia for up to three or five years at a time, with a cumulative maximum period of 10 years.
Final Thoughts
The 864 Visa is a fantastic opportunity for parents to reunite with their children in Australia permanently. However, applicants must meet specific eligibility criteria, including the Balance of Family Test, and prepare for substantial costs and potential long processing times. It is crucial to ensure that all documents are complete and accurate to avoid delays.
If you’re uncertain about the application process, it’s advisable to consult a registered migration agent for expert guidance.
For more details on the visa process, eligibility requirements, and the cost breakdown, refer to the official Australian Government website or speak with a migration expert.
Eligibility
Not have this visa
You cannot apply for this visa if you have already applied for or hold a Sponsored Parent (Temporary) (subclass 870) visa.
Have a sponsor
To be eligible for the Parent visa (subclass 804), you need to be sponsored by an eligible sponsor. Typically, this sponsor would be your adult child who is settled in Australia. However, if your child is under 18 years old, you can be sponsored by another eligible relative or a community organization. It’s essential that the sponsorship is approved by the Australian authorities.
If your sponsor dies
If you hold a Temporary Contributory Aged Parent (subclass 884) visa and your sponsor passes away, you may still be eligible for the Parent visa (subclass 804). In such a situation, it’s advisable to review your circumstances and consult with the relevant authorities to understand the necessary steps to proceed with your visa application or any changes that may be required due to your sponsor’s passing.
Be this age
You must be old enough to receive the age pension in Australia.
Meet the health requirement
You and any family members applying for the visa with you must meet the health requirement set by the Australian authorities. Additionally, we may also request that other family members who are not migrating meet this health requirement.
Meet the character requirement
You and any family members included in your visa application must meet the character requirement set by Australian authorities. Additionally, other non-migrating family members may also be asked to meet this requirement.
Have assurance of support
Obtaining an assurance of support is a requirement for the Parent visa (subclass 804). This assurance ensures that you and any accompanying family members will not need to rely on government assistance upon entering Australia. The assurance is a commitment from an individual or organization to provide financial support if necessary.
When the assurance of support is needed, the immigration authorities will inform you accordingly. It’s important to understand the obligations associated with the assurance of support and to ensure that you fulfill these requirements as part of your visa application process.
For more detailed information on assurances of support and how they work, you can refer to the resources provided by the immigration department or seek assistance from relevant authorities.
Sign the Australian values statement
If you are 18 years of age or older, you must comply with the following requirements:
- You must have read, or had explained to you, the Life in Australia book.
- You must sign an Australian Values Statement confirming that you will respect the Australian way of life and obey Australian laws.
Have paid back your debt to the Australian Government
If you or any member of your family owe money to the Australian Government, you or they must have either paid it back or have a formal arrangement in place to repay it.
Not have had a visa cancelled or a previous application refused
Your immigration history will be taken into account when evaluating your application for this visa. If you’ve had a visa cancelled or refused, you may not be eligible. However, in certain situations, you might still be able to apply for a permanent visa despite past issues. For detailed guidance on limitations regarding applications in Australia, you can refer to the relevant document. If you’re applying for a visa from outside Australia, consult “Can I go to Australia” for further information. If you require assistance with your visa application, refer to resources on who can provide immigration assistance.
Best interests of the child
The issuance of this visa is contingent upon its alignment with the best interests of any applicants under 18 years old. If granting the visa is deemed contrary to their best interests, it will not be approved.
The cost of the Subclass 864 Visa depends on whether you are applying as a Subclass 884 holder or not.
For Applicants Who Are Not Subclass 884 Holders:
For Applicants Who Are Subclass 884 Holders:
If you have any dependents included in your application, their costs will also be factored into the total. If a child is born after submitting your application, you must inform the authorities and pay an additional charge for including your newborn in the application.