*Last updated on: 25 Nov 2024
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Subclass 864 - Contributory Aged Parent Visa

Onshore Aged Parent Visa - Contributory

Overview of the Subclass 864 Visa

The Subclass 864 Contributory Aged Parent Visa allows elderly parents of Australian citizens, permanent residents, or eligible New Zealand citizens to live permanently in Australia. Designed as part of Australia's family migration stream, this visa offers a pathway for parents to reunite with their family in Australia, providing a host of benefits including the right to live, work, and study permanently.

Similar to the Subclass 143 visa, the Subclass 864 requires a significant financial contribution, which results in faster processing times compared to non-contributory parent visas such as the Subclass 804. This visa grants holders permanent residency and the opportunity to access Australia's healthcare system, Medicare, and social security benefits.

Eligibility Criteria for Subclass 864 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 Assurance of Support (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 $4,895

Secondary Applicants (18 and over):
AUD $2,445

Dependent Children (under 18):
AUD $1,225

Second Instalment (payable before grant):
AUD $43,600 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 14 years.

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 864 Visa

Permanent Residency: Right to live in Australia indefinitely.

Work and Study: Full work rights and the ability to pursue further education.

Healthcare: Access to Medicare, Australia’s public healthcare system.

Family Sponsorship: Ability to sponsor eligible family members.

Multiple Entries: Travel in and out of Australia without restrictions.

Your Questions Answered

What is the Subclass 864 visa?

It is a permanent visa that allows aged parents of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia.

Who qualifies as an eligible child sponsor?

An eligible child is an Australian citizen, permanent resident, or eligible New Zealand citizen who is at least 18 years of age.

Are there any age requirements for applicants?

Yes, applicants must meet the minimum age required to receive the Australian aged pension.

What is the Assurance of Support (AoS)?

It is a legal commitment by a sponsor to financially support the visa holder, ensuring they do not rely on public welfare.

What if my current visa has a 'No Further Stay' condition?

You may be ineligible unless this condition is waived.

Can I include my spouse in my visa application?

Yes, provided they meet eligibility criteria.

Can I apply for this visa from outside Australia?

No, applicants must be in Australia to apply for and receive this visa.

Is private health insurance required?

It is not mandatory but advisable to cover healthcare costs in Australia.

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