*Last updated on: 25 Nov 2024
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Subclass 804 - Aged Parent Visa

Onshore Aged Parent Visa

Overview of the Subclass 804 Visa

The Subclass 804 Aged Parent Visa offers permanent residency for elderly parents of Australian citizens, permanent residents, or eligible New Zealand citizens who wish to reunite with their families in Australia. This visa allows applicants to live permanently in Australia, gaining access to public healthcare, social security benefits, and the opportunity to fully integrate into Australian society. As a non-contributory visa, it does not require significant upfront financial contributions, unlike the contributory parent visa options. However, it often involves a lengthy processing period.

Eligibility Criteria for Subclass 804 Visa Applicants

Age Requirements

Applicants must be of the eligible age to receive the Australian aged pension based on the following:

Born from 1 July 1952 to 31 December 1953: 65 years and 6 months
Born from 1 January 1954 to 30 June 1955: 66 years
Born from 1 July 1955 to 31 December 1956: 66 years and 6 months
Born from 1 January 1957 onwards: 67 years

Visa Status

Applicants must hold a substantive visa or a Bridging visa (A, B, or C) when applying. If a ‘No Further Stay’ condition applies to their current visa (such as condition 8503), they may not be eligible unless this condition is waived.

Location

Applicants must be inside Australia when applying for this visa.

Family Balance Test

Applicants must meet this requirement, which evaluates their ties to Australia:

At least 50% of the applicant's children must reside permanently in Australia as Australian citizens, permanent residents, or eligible New Zealand citizens; or
More children must live permanently in Australia than in any other single country.

Stepchildren are considered under this test if they meet certain conditions, ensuring all familial ties are appropriately considered.

No Outstanding Debts

Applicants must have no unresolved debts to the Australian government, or they must have formal arrangements in place for repayment.

Previous Visa History

Applicants should not have a history of visa cancellations or refusals.

Child Welfare Consideration

Applications involving children must align with Australian child welfare laws to ensure their best interests are protected.

Health and Character Requirements

Applicants must satisfy Australian health and character conditions, including any necessary examinations or police checks.

Eligibility Criteria for Sponsors

Relationship Requirement: The sponsor must be the applicant’s child and must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
Age: The sponsor must be 18 years or older. If the applicant’s child is under 18, alternative sponsorship arrangements may apply (outlined in detail below).
Residency Requirement: The sponsor must have lived in Australia for at least two years prior to sponsoring.
Assurance of Support (AoS): Sponsors must provide a financial commitment through an AoS to assure the Australian government that the applicant will not rely on public welfare for 10 years: (1) Demonstrating financial capacity, including meeting minimum income thresholds; and (2) Providing a security bond (AUD $10,000 for one parent, AUD $14,000 for two parents).

Alternative Sponsorship Options for Applicants with Children Under 18

If the primary child sponsor is under 18, an alternative sponsor may be:

The child’s cohabiting partner (spouse or de facto).
A close relative or guardian of the child or the child’s partner.
A community organisation (under specific conditions): (1) Demonstrated relationship with the applicant’s child. (2) Established as a legal entity operating in Australia for at least 12 months. (3) A senior representative must agree to sponsorship. (4) Financial capability to meet sponsorship commitments.

Eligibility for Dependent Children of the Applicant

Age Criteria: (1) Must be under 18 years, or (2) Aged 18 to 23 years and financially dependent on the primary applicant due to full-time study, or (3) No age limit applies if the dependent child has a disability preventing them from working.

Financial Dependence: Evidence of financial support covering essential needs (e.g., living, education).

Health & Character Requirements: Dependents must meet similar health and character standards as the primary applicant.

Application Process

Submit Visa Application

Applicants lodge their application along with supporting documentation, meeting eligibility requirements and paying the relevant fees.

Lodge and Submit AoS

Sponsors are required to provide a formal AoS, proving financial ability and commitment to support the parent(s). Sponsors will need to pay a bond, refundable after a 10-year period, if no social welfare reliance occurs.

Visa Grant

Once all eligibility criteria are met, and processing is complete, the visa is granted, allowing permanent residence in Australia.

Stay Duration

Permanent residency, allowing indefinite stay with a travel component valid for five years from the date of grant. After this period, residents may need to apply for a Resident Return Visa (RRV) to maintain travel rights.

Visa Costs and Fees

Primary Applicant:
AUD $5,125

Secondary Applicants (18 and over):
AUD $2,565

Dependent Children (under 18):
AUD $1,285

Second Instalment:
AUD 2,065 per parent applicant.

AoS Bond:
AUD $10,000 for one parent. AUD $14,000 for two parents (bond returned after 10 years if conditions are met).

Note: Fees are subject to updates as per the Department of Home Affairs, they should be verified before application. Additional costs may apply for health checks, police checks, and biometrics.

Processing Times

Approximately 31 years due to high demand and limited placements.

Note: Processing times vary based on the completeness of documentation, volume of applications and other factors. They are obtained from The Australian Department of Home Affairs website and only serve as guidance.

Key Benefits & Challenges of the Subclass 804 Visa

Key benefits:

1. Permanent Residency:
Allows parents to live permanently in Australia with full rights to work, study, and access Medicare.
2. Lower Upfront Cost:
Unlike the Contributory Parent Visa, it does not require a large financial contribution for the application.
3. Family Reunion:
Provides an opportunity for parents to reunite and live with their children who are settled in Australia.

Key Challenges:

1. Lengthy Processing Times:
The visa is known for its long processing times, potentially taking several decades to finalise.
2. Age and Residency Requirements:
Applicants must be old enough to qualify for the Australian aged pension and meet specific location requirements, including being in Australia at the time of application.
3. Family Balance Test: Applicants must meet stringent family balance test requirements, which may disqualify parents if they do not have enough children living in Australia.
4. Limited Social Security Access: While permanent residency offers access to Medicare, there may be restrictions on accessing some social security benefits until a specific waiting period is fulfilled.

Your Questions Answered

What is the Subclass 804 Aged Parent Visa?

The Subclass 804 Aged Parent Visa is a permanent visa that allows elderly parents of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia indefinitely. It facilitates family reunification, providing a pathway for aged parents to be close to their family members residing in Australia.

Who is eligible to apply for the Subclass 804 visa?

This visa is for parents who have an eligible child who is an Australian citizen, permanent resident, or eligible New Zealand citizen. Additionally, applicants must meet age requirements, reside in Australia at the time of application, and fulfill health, character, and family balance test criteria.

Is there an age requirement for the Subclass 804 visa?

Yes, applicants must be old enough to qualify for the Australian aged pension. The specific age requirement depends on the applicant's date of birth. For example, those born from 1 January 1957 onwards must be at least 67 years old.

Can I include my spouse or partner in my Subclass 804 visa application?

Yes, your partner can be included in the application, provided they meet relevant eligibility criteria.

What is the family balance test, and why is it important for the Subclass 804 visa?

The family balance test requires that at least half of the applicant’s children live permanently in Australia, or more of their children reside in Australia than in any other single country. It assesses the applicant's familial ties to Australia and is a key eligibility criterion for the visa.

What is the Assurance of Support (AoS), and why is it necessary?

The AoS is a legal commitment by the applicant’s sponsor (typically their child) to provide financial support and ensure the applicant does not rely on government welfare services. The AoS may require a financial bond to be paid, which will be refunded after a period of 10 years if certain conditions are met.

Can I travel outside Australia while waiting for the Subclass 804 visa to be processed?

Yes, but travel restrictions may apply, especially for applicants on bridging visas. It's important to understand the terms of your visa status before leaving Australia.

What are the main differences between the Subclass 804 and Subclass 864 visas?

The Subclass 864 Contributory Aged Parent Visa requires a significantly higher upfront cost but offers faster processing times. In contrast, the Subclass 804 visa has lower upfront costs but can involve a much longer wait.

Can I convert my Subclass 804 visa to another parent visa category later?

While transitioning between parent visa categories may be possible, it’s crucial to discuss specific circumstances with an immigration adviser or seek legal counsel to explore available options.

What happens if I cannot meet the requirements of the Assurance of Support?

Failure to meet AoS requirements may affect the approval of the visa application. Sponsors must demonstrate sufficient financial capacity to fulfill AoS commitments.

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