October 28, 2024

Contributory Aged Parent (Permanent) Visa (Subclass 864)

The Contributory Aged Parent (Permanent) Visa (Subclass 864) within Australia’s Parent Visa programme serves the dual purpose of facilitating family reunification while contributing to the nation’s economic and social fabric. 

Understanding the technical nuances and strategic implications of this programme is essential for prospective applicants and crucial for their immigration advisors to comprehend.

Visa Categories

There are a number of ways to group the visas available in Australia’s parent visa program. These include onshore v offshore (where the applicants must be when they apply), contributory v non-contributory (if a financial contribution is required), aged parent v younger parent, as well as temporary v permanent. We have set these out in subject matter order for ease of understanding.

• Parent Visa (Subclass 103, 143 and 173): These are the most popular parent visas and differ in processing times and financial requirements. Subclass 103 is queue-based, resulting in long waiting periods, whereas subclass 143 is capped but requires a substantial financial contribution, leading to ‘expedited’ processing. Both confer Australian Permanent Residence status on visa grant. The subclass 173 is a 2-year temporary visa which allows applicant(s) to amortise the cost of the second (subclass 143 visa) stage, by introducing a two-step process.
• Aged Parent Visa (Subclass 804, 864, 884): Similar to the ‘Parent’ visa categorises above, but these two subclasses are specifically designed for parents over the indexed retirement age in Australia. The Subclass 804 is the ‘Non-Contributory version’ taking substantially longer to process than the Contributory Aged Parent visa 864, which requires a substantial financial contribution. The Subclass 884 is a 2-year temporary visa that allows applicants to amortise the cost of the second stage (visa 864), introducing a two-step process. The strategic advantage of the Aged Parent visa category is that onshore applicants are able to secure a Bridging visa for the duration of processing.
• Sponsored Parent (Temporary) Visa (Subclass 870): This visa allows parents to stay in Australia temporarily for up to 5 years at a time, with a maximum of 10 years in total. It provides flexibility for parents who may not meet the requirements for or have a need for permanent visas. A word of warning: If you have applied for, or hold a subclass 870 visa, you are prevented from submitting an application in other Parent visa categories.
• Balance of Family Test: The general requirement across the subclasses requires at least half of the applicants’ children to be settled residents in Australia. This emphasises the importance of family ties in Australia, and aims to ensure that parents have a strong support network in the country and are less likely to rely on social services.
• Health and Character Requirements: These criteria reflect Australia’s stringent standards for immigration, focusing on public health and safety considerations.
• Financial Capacity: The Contributory subclasses serve to ensure that sponsored parents can financially support themselves and not burden the Australian taxpayer.
• Assurance of Support (AoS): For some categories, the sponsor must provide an AoS to financially support the parent(s) for a defined period, typically 10 years. This also serves to mitigate potential social welfare costs.

Government’s Policy Perspective

• Economic Impact: The Parent Visa program has a significant socio-economic impact. In many (often indirect) ways Subclass 143 visa holders make substantial contributions to the Australian economy, while all parent visa holders contribute through consumption, taxes, and sometimes directly through employment if they choose to work.
• Social Cohesion: Family reunification is a core value in Australian society. The Parent Visa program reinforces this value by allowing families to live together, enhancing social connections and cultural diversity.
• Policy Debate: The Parent Visa program is often a subject of debate, with discussions focusing on balancing family reunification goals with concerns about potential strain on social services and infrastructure, especially in the context of limited Aged Care services.
• Queue Management: The long processing times for these visas pose a challenge and have been highly controversial. Policymakers say they are exploring more equitable ways to manage the queue and potentially streamline the process without compromising the integrity of the program. However, it comes as a surprise to most people to learn that a parent may be waiting between 12 and 30 years for their permanent visa to be finalised.

Contributory Aged Parent (Permanent) Visa (Subclass 864): Processing Time

The 864 visa processing time varies, with demand often leading to extended waits. Here’s what applicants should anticipate.

• Length of Time: Processing can range from several months to multiple years, influenced by application volume and other factors.
• Faster Than Non-Contributory Options: As a contributory aged parent visa, the 864 visa generally has a shorter wait time than non-contributory parent visas.
• High Demand: The popularity of the 864 visa leads to potential delays, despite financial contributions aimed at expediting the process.
• Professional Guidance: Consulting an immigration advisor can clarify current wait times and help applicants plan effectively, especially if a bridging visa is needed to remain in Australia while the application is pending.

Key Strategies for Applicants

• Objectives: Seek the advice of a competent immigration adviser to discuss the overall objectives, timing considerations, and financial implications. Is permanent residence necessary? Are work rights important?  Is a bridging visa an option whilst waiting in Australia? Will the applicants need Medicare coverage sooner than later?
• Professional Guidance: A competent immigration advisor in Australia means an immigration lawyer or registered migration agent experienced in these visa categories who can help you navigate the intricacies of the visa system and maximise the chances of success.
• Early Preparation: With the benefit of strategic migration planning, begin gathering the necessary documents well in advance to avoid delays in the application process.
• Financial Planning: If considering the contributory visa categories, ensure you have the financial resources or financial planning to meet the contribution requirement.
• Realistic Expectations: Understand that the non-contributory parent visas may involve a significant waiting period.

Conclusion

The Australian Parent Visa program is clearly a complex yet vital pathway for family reunification. Understanding the technical aspects and strategic implications can enable potential applicants to make informed decisions and navigate the process more effectively than applicants who go into the process on a ‘wing and a prayer’.

Our migration professionals are standing by to help you plan your Australian story, including assistance with the Contributory Aged Parent (Permanent) visa (Subclass 864).

Graduate Temporary 485 Visa to PR: Your Pathway to PR

The Graduate Temporary 485 Visa to PR pathway begins with the subclass 485 visa, a temporary graduate visa that allows international students who have recently graduated from an Australian educational institution to live, work, and study in Australia temporarily after their studies have ended. 

There are two main streams within the subclass 485 visa (in addition to a subsequent / 2nd 485):

• Post-Vocational Education Work stream: This stream is for international students who have recently graduated with qualifications that are relevant to specific occupations Australia needs. It lets you live, study and work in Australia temporarily. The length of stay on this visa is up to 18 months.   
• Post-Study Work stream: This stream is for international students who have recently graduated with a degree from an Australian institution. It lets you live, work and study in Australia temporarily. The length of stay on this visa is usually between 2 and 3 years, depending on your qualification. Hong Kong and British National Overseas passport holders may stay for 5 years.   

Permanent Visa Options for Holders of a Graduate Temporary 485 Visa to PR

There are a number of permanent visa options after 485 available to holders of a subclass 485 visa, including:

• Skilled Independent Visa (subclass 189): This visa is for skilled workers who are not sponsored by an employer or family member. To be eligible for this visa, you must have a skilled occupation that is in demand in Australia and meet certain points requirements.   
• Skilled Nominated Visa (subclass 190): This visa is for skilled workers who are nominated by a state or territory government. To be eligible for this visa, you must have a skilled occupation that is in demand in the nominating state or territory and meet certain points requirements.   
• Skilled Work Regional (Provisional) Visa (subclass 491)

Purpose: To attract skilled workers to designated regional areas of Australia.

Eligibility: 

• Nomination: You need to be nominated by a state or territory government agency, OR sponsored by an eligible relative living in a designated regional area.
• Occupation: Your occupation must be on the relevant skilled occupation list.
• Skill Assessment: You need a positive skills assessment for your nominated occupation.
• Age: Be under 45 years old when you apply.
• English: Have ‘Competent’ English (equivalent to IELTS 6 in each band).
• Points Test: Meet the minimum points requirement, which can vary.

Visa Duration: 5 years.

Pathway to PR: After 3 years living and working in a designated regional area on this visa, and meeting income and other requirements, you may be eligible to apply for the Permanent Residence (Skilled Regional) Visa (subclass 191).

• Skilled Employer Sponsored Regional (Provisional) Visa (subclass 494)

Purpose: Allows regional employers to address labor shortages by sponsoring skilled workers they can’t source locally.

Eligibility: 

• Employer Sponsorship: You must be sponsored by an approved employer in a designated regional area.
• Occupation: Your occupation must be on the relevant skilled occupation list OR the Regional Occupation List.
• Skill Assessment: You need a positive skills assessment for your nominated occupation.
• English: Have ‘Competent’ English (equivalent to IELTS 6 in each band).
• Age: Generally, be under 45 years old.
• Genuine Position: The position offered must be genuine and ongoing.

Visa Duration: 5 years.

Pathway to PR: After 3 years working for your sponsoring employer in a designated regional area on this visa, and meeting income and other requirements, you may be eligible to apply for the Permanent Residence (Skilled Regional) Visa (subclass 191).

Key Differences:

491: Focuses on attracting skilled workers to regional areas through state/territory nomination or family sponsorship.

494: Focuses on filling specific skills gaps in regional areas through employer sponsorship.

• Employer Nomination Scheme (subclass 186): This visa is for skilled workers who have been nominated by an employer to fill a skilled position. To be eligible for this visa, you must have a skilled occupation that is in demand in Australia and have been offered a position by an approved Australian employer.  There are two main streams, and most people transition via a subclass 482 Temporary Skill Shortage (TSS, subclass 482) visa after a 2-year qualifying period.
• Regional Sponsored Migration Scheme (subclass 187): This visa is for skilled workers who have been nominated by an employer to fill a skilled position in a designated regional area of Australia. To be eligible for this visa, you must have a skilled occupation that is in demand in the nominating region and have been offered a position by an approved Australian employer.  The main criteria are analogous to the subclass 186 visa.

Other Options

In addition to the above permanent visa options, holders of a subclass 485 visa may also be eligible for other permanent visas, such as:

1. Partner visa: If you are in a de facto relationship or married to an Australian citizen or permanent resident, you may be eligible for a partner visa.   
2. Parent visa: If you have a child who is an Australian citizen or permanent resident, you may be eligible for a parent visa.

How to Apply for 485 Visa

To apply for the 485 visa, follow these key steps:

1. Meet the Eligibility Criteria: Ensure you meet all requirements, including having completed your studies in Australia in the last six months and having an eligible qualification.
2. English Language Proficiency: Demonstrate Competent English (equivalent to IELTS 6 in each band) if required.
3. Health and Character Requirements: Meet Australia’s health and character requirements by undergoing relevant checks and obtaining a police certificate.
4. Gather Required Documents: Prepare essential documents, including proof of identity, qualification details, health insurance, and English language test results if necessary.
5. Submit an Online Application: Lodge your visa application through the Australian Department of Home Affairs website. Ensure all information is accurate and fees are paid.
6. Await a Decision: Processing times can vary, so monitor your application status and respond promptly if additional information is requested.

Graduate Temporary 485 Visa to PR: Your Pathway to Permanent Residency

The Australian graduate visa offers a valuable opportunity for international graduates to gain Australian work experience and ultimately pursue permanent residency.

By exploring pathways such as the Skilled Independent, Skilled Nominated, and Regional Sponsored Migration schemes, you can increase your chances of achieving your dream of becoming an Australian permanent resident.

Take the next step towards your Graduate Temporary 485 Visa to PR journey with Longton Migration. Our expert team is here to guide you through visa options tailored to your goals. Contact us today for personalised assistance!

*This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*