Changes to Other Family and Non-Contributory Parent visas

On 2 June 2014 the government repealed the following visas:

Parent (non-contributory) visas:

  • subclass 103 (Parent)
  • subclass 804 (Aged Parent)

Other Family visas:

  • subclasses 114 and 838 (Aged Dependent Relative)
  • subclasses 115 and 835 (Remaining Relative) and
  • subclasses 116 and 836 (Carer)

Why is the Government ceasing new applications for these visas?

The focus of family migration is on the reunion of close family members, who are the partners, children and contributory parents of Australian citizens and permanent residents. Closure of the Parent (non-contributory) and Other Family visas will help free up places in the Family Stream for the migration of close family members.

The visas being repealed have long processing queues. Based on current planning levels, an applicant for a Parent (non-contributory) visa can expect to wait about 13 years before being considered for the grant of a visa after being allocated a queue date. An applicant for an Other Family visa can expect a waiting time of between four years (for a Carer visa) and 16 years (for a Remaining Relative and Aged Dependent Relative visa). These waiting periods reflect the significant number of visa applications in comparison to the limited number of visa places available each Migration Programme year.

What other options will parents have to migrate to Australia?

Parents will continue to have the option of applying for a permanent Contributory Parent visa, either subclass 143 (Parent) for parents outside Australia or subclass 864 (Aged Parent) for parents in Australia. Under these visas, applicants are required to pay a higher Visa Application Charge (VAC) and Assurance of Support bond than the Non-contributory parent visa. It is possible to stagger the costs by first applying for a temporary Contributory Parent visa and then for the permanent Contributory Parent visa. The temporary Contributory Parent visas include the Contributory Parent (subclass 173) visa for parents outside Australia and the Contributory Aged Parent (subclass 884) visa for parents in Australia.

Alternatively, parents can apply for a long stay Visitor visa which allows eligible parents to visit their children in Australia for regular periods of up to 12 months at a time over an extended validity period. For many families, temporary stay provides greater flexibility without the need to wait in a queue for years for a permanent visa.

What options do other family relatives have to migrate to Australia once these visas are closed?

Relatives of Australian citizens and permanent residents other than partners, children and contributory parents who wish to migrate to Australia will need to satisfy requirements for entry as a skilled migrant. All intending migrants interested in the points based skilled migration or business investment and innovation visa programs are required to submit an Expression of Interest (EOI) using the SkillSelect online service and receive an invitation in order to lodge a visa application.

I have already applied for a visa. What happens to my application?

If you have already applied for an Other Family or Non-Contributory Parent visa your application will continue to be processed under existing regulations and policy. Please note that the Parent (non-contributory) and Other Family visas are subject to annual planning levels. In 2014-15, 1500 places have been allocated to Parent (non-contributory) and 500 places to Other Family. Based on 2014-15 planning levels, you can expect to wait up to 13 years for a Parent (non-contributory) visa, four years for an Other Family (Carer) visa and up to 16 years for an Other Family (Aged Dependent Relative) or Other Family (Remaining Relative) visa.

I want to add a dependent family member to my existing application. Am I able to do this?

Eligible dependent family members, such as a partner or dependent children, are able to be added to an application after the date of repeal. You will need to provide evidence of the relationship, including dependency, in submitting this application.

I have an ongoing need for assistance due to a disability and had intended to sponsor my relative to migrate to Australia as a Carer to look after me. What options would I have to bring my relative to Australia if the Carer visa is closed to new applications?

Relatives other than the partners, children and contributory parents of Australian citizens and permanent residents who wish to migrate to Australia will need to satisfy requirements for entry as a skilled migrant.

Alternatively, your relative may be eligible for a longer stay Visitor visa. Eligible applicants are able to stay in Australia for a longer stay period than would otherwise be provided on a Visitor visa, where they can show that the purpose of their visit is to assist with the short-term care needs of a seriously ill relative who is an Australian citizen or permanent resident. Normal visitor visa requirements apply including the requirement that the applicant genuinely intends only a temporary stay in Australia.

What alternatives are there for me to migrate to Australia as a remaining relative or aged dependant relative if these visas are closed?

Relatives other than the partners, children and parents of Australian citizens and permanent residents who wish to migrate to Australia will need to satisfy the requirements for entry as a skilled migrant.

For more information see:

www.immi.gov.au/Live/Pages/certain-family-visas-closure.aspx


 

 

 

12 thoughts on “Changes to Other Family and Non-Contributory Parent visas

  1. How will charging $92,000 per couple for an aged parent visa reduce waiting times? What is the anticipated waiting time for the contributory parent visa? How many contributory visa places will be allocated in the 2014/15 cycle?

    • Thanks for your question Andrew.

      Based on current planning levels, an applicant for a Parent or Aged Parent visa can expect to wait around 13 years before being considered for the grant of a visa after being allocated a queue date. Whereas, applicants for the Contributory Parent visa can expect to wait 12 to 24 months before visa grant consideration. The difference in waiting time reflects the planning levels.

      In the 2014–15 Migration Program the planning levels are:
      •1 500 places have been allocated to Parent (non-contributory) visas (subclasses 103 and 804)
      •7 175 places have been allocated to Contributory Parent visas (subclasses 173/143 and subclasses 884/864).

  2. Never a dull moment in the world of immigration hey?

    Such long wait times!

    Looks like there will be more skilled migration applications, lets all hope the pipeline doesn’t clog up too much!

    Migration Professionals

  3. Hi!

    Need some.help for clarification. I am now currently in a BRIDGING VISA A since my student visa had already expired, what woul be now my condition? Am i still obliged to study?

    I was granted with bridging visa A since my father applied for me a remaining relative visa subclass 835 last year 2013 but until now there is no decision yet. Do i still have the chance to be granted after this new.law is implemented?

    Hope someone here could have me answered.

    Thanks
    Karen

    • Dear Karen,

      Thank you for your question. As your father lodged his application for the Remaining Relative visa (Subclass 835) last year there will be no changes in how this visa will be processed as he is not affected by the changes. In regard to your Bridging visa your conditions should be the same as on the letter of grant which you received when you were granted this visa. Therefore I suggest that you refer to your grant letter.

  4. Hi There

    Current visa fees for contributory parent visa is around 50000 per parent which is very high.

    Is there is any plan to decrease fees for contributory parent visa as now non-contributory visas are closed?

    Or will there be any new visa options for parents.

    Regards,
    Ankur

  5. Hi There,

    Current fees for contributory parent visa are very high – 50000 per parent.

    Will this fees be decreased as non-contributory visas are cancelled?

    or will there be any new visa options for a parent?

    Regards,
    Ankur

    • Dear Ankur,

      At this stage there is no plan to change Visa Application Charges for the Contributory Parent visas. The only visa available for these applicants wishing to bring out their parents is the Contributory Parent visa.

  6. Hi,

    Situation: Two Australian citizens will have to send their aged Parents back home Countries because of visa closure, causing harm to their health condition and sadness to the remaining family here in Australia.

    The closure of Aged Parent Visa 804 has been something devastating for my whole family. Even worse, Immi gave only two weeks notice on May 13th advising the closure of it on June 2nd. My parents have been here since 7 months on Turism visa (12 months granted) with no “no further stay” on their visa and we were going to apply for 804 visa option. The reason of migrating my aged parents was to get them close to their sons due to depression problems that the distance was causing for them and also to help us with child care. My sister and my wife felt pregnant in the same month and the fresh grand parents were going to be very helpful. Unfortunately, after 3 days of the birth of my son, my sister gave the bad news that she had lost her baby. This has been a nightmare for all of us and we lost the focus on my parents visa application.
    My parents have no intention of taking advantage of any sort of benefit from the Australian government as they transfer their pension funds from Brazil to Australia. They just want to be next to the family and live in a safe place as such Australia.
    For our surprise, on June 8th we went back to immi.gov.au to finalise the 804 application for my parents and we got shocked that the visa had been closed.
    The only solution is now to pay $115000 to immigrate both of them under the 884/864 visa.
    It must have an option for applicants that don’t mind staying 13 years in queue. My parents are 70 and 68yo and they would have private healthy insurance in Australia. They just want to stay next to us.

    From immi.gov.au

    “Focusing on reunion of close family
    The government believes the focus of family migration should be on the reunion of close family members. The government priority for Family Stream visas are the partners, children and contributory parents of Australian citizens and permanent residents.”

    It doesn’t make much sense when Immi sends me a $115000 bill to pay to immigrate parents.

    Any other realistic option? Please advise.

  7. Hi
    When will immigration stop accepting applications for sub class 103. It says On 2 June 2014 we have permanently closed the following visa subclasses in the Family Stream of the Migration Programme to new applications:

    but at the bottom it says
    The visas will be closed to new applications before the start of the 2014-15 Migration Programme year.

    when will 2014-15 migration programme start . Will all the application received between 2nd June to 30th June be accepted for processing under the old rules ?

    Regards

    Ian

    • Hi Ian,
      The Parent visa (Subclass) was closed permanently to new on 2 June 2014 which was before the start of the 2014-15 Programme year. No applications for this visa can be lodged after this date.

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