For the overseas parents of Australian citizens and permanent residents, visa pathways to be reunited with children are convoluted, but even more-so since the estimated processing time for even the “fastest” option increased to 14 years.
These drawn-out processing times are essentially the result of a higher volume of applications being submitted than what can be approved in each migration program year. Over time, this has amassed into decade-long ‘queues’ to reach final assessment and approval.
For those who are yet to sponsor a parent, a summary of the various visa options can be found in our definitive guide to parent visa options.
For parents whose applications are already submitted, what to do in the interim may be becoming a challenge. This is especially true of those awaiting either an Aged Parent (Subclass 804) or Parent (Subclass 103) visa, which are the less-expensive but much slower counterparts to the contributory Aged Parent (Subclass 864) and Parent (Subclass 143).
While these non-contributory visas may have been suitable at the time of lodgement, circumstances may have changed, and the processing time may now be unmanageable for a family.
Parent visa processing times
The Department’s estimated processing times for new applications, along with data on which applications are currently reaching final processing, can be found on the Department’s Parent queue release dates page. For example:
- Parent (Subclass 103) visa applications that were placed in the queue in December 2012 are now under assessment;
- Aged Parent (Subclass 804) visa applications that were placed in the queue in January 2013 are now under assessment; and
- Subclass 103 and 804 visa applications submitted today will have an estimated waiting time of 31 years (!).
Can I switch to a Contributory Parent visa during processing?
For those awaiting either the Subclass 103 or 804, it is possible to “switch” to a contributory Subclass 864 or 143.
Department policy confirms:
“Under Ministerial Direction 103, applicants who have already made a Subclass 103 (Parent) or Subclass 804 (Aged Parent) visa can switch to a Subclass 143 (Contributory Parent) or Subclass 864 (Contributory Aged Parent) visa and retain their queue date. The date of lodgement of their new Subclass 143 or Subclass 864 visa will be deemed the date of lodgement of their previous Subclass 103 or Subclass 804 visa.
This will only be applicable if the Subclass 103 or Subclass 804 visa application was unfinalised prior to the applicant making a new Subclass 143 or Subclass 864 visa application”.
In other words, a Subclass 804 or 103 visa applicant can turn their application into a Subclass 143 or 864 without the processing time starting again.
The strategy might be beneficial to parents who have been waiting for many years already and still have a long time to go, if switching to a contributory subclass means they will reach final processing sooner.
What are the time of decision requirements?
Of course, if attempting to bring forward assessment and final processing, families need to be financially ready for:
- The Assurance of Support and bank guarantee that will need to be set up with Services Australia; and
- The second instalment visa charge of $43,600 per parent.
What are the procedural steps?
It is important to note that changing to a different parent visa subclass involves withdrawing the original application. If one were to simply submit a new application as per usual, they would then have 2 separate visa applications instead of one replacing the other.
Generally, the steps are to:
- Complete a new Form 47PA (application form) for the Subclass 143 or 864, and importantly, complete the section requesting to withdraw the Subclass 103 or 804;
- Complete a new Form 40 (sponsorship form);
- Pay the current first instalment charge for the visa subclass you are switching to;
- Submit it to the relevant processing office.
Supporting documents do not need to be resubmitted, unless there have been changes in your circumstances or documents are outdated (for example, new passports).
One acknowledged, the previous application is withdrawn, but the initial date of lodgement and queue date will remain.
Need assistance?
Given the lengthy processing times involved with Parent visas and the high cost, it is sometimes worth getting legal advice to ensure that you’ve selected an approach that is consistent with your needs, timeframes, and budget.
Hannan Tew Lawyers have assisted a significant number of families seeking advice and assistance on Australian parent visas and have even facilitated more appropriate options for certain clients, saving them money and time.
Feel free to contact us by email at [email protected] or phone +61 3 9016 0484 if you’d like some guidance or assistance with the next steps.
You can also subscribe to our newsletter here to stay up to date with the latest in immigration news.
