The Contributory Parent (subclass 143) visa is a permanent visa for the parent of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.What can you do with a Parent Visa?
Once granted, you may move to or remain in Australia as a permanent resident, allowing you to later apply for Australian citizenship once eligible. You must be sponsored for this visa by your child and can apply either inside or outside of Australia.
The application can take approximately 3 years to process.
Following are 4 Things that can help when applying for Contributory Parent (subclass 143) Visa.
1.Contributory Parent visa Sponsor Settled in Australia
The 143 visa requires the sponsor to be ‘settled’ in Australia. Under law, this is generally taken to mean at least 2 years of continuous residence at the time of application but will depend on the individual circumstances of the case. It’s important to show continuity when demonstrating the sponsor’s Australian residence so ensure that you adequately provide for the sponsor’s continuous residence in Australia to cover a period of at least 2 years.
2.Meet Balance of Family Test
In order to be granted a Contributory Parent visa, you must meet the balance of family test.
The balance of family test is satisfied if at least half of your children or step-children live permanently in Australia or more of your children live permanently in Australian than any other country.
If you are the holder of a subclass 173 visa, then you would not need to meet this test again to apply for the 143 visa. If you are applying as a retiree, you do not need to meet the balance of family test.
The important thing to consider about the balance of family test is that it does not take into account the quality of the relationship between parent and child or whether that relationship has broken down.
3.Obtain Assurance of Support
You must obtain an assurance of support before you can be granted a 143 visa. The Department will contact you when this is required which will occur sometime after lodgement of the application. An assurance of support is essentially a legal agreement that the assurer will reimburse the Australian for any welfare payments made to the visa holder during the assurance of support period.
You should first check with Services Australia if you are eligible to be an assurer for this purpose which has its own requirements and criteria. The assurer will generally need to meet an income test and may need to provide a financial bond. The assurer does not need to be the sponsor but must be an Australian resident.
4.Make sure you meet the Character Requirement
You and any family members who apply for the visa with you must meet character requirement.
You must be of good character to visit or live in Australia. This means you must pass the character test, and remain of good character.
You may be asked to provide following documents:
- provide a police certificate
- complete Form 80 Personal particulars for character assessment (596KB PDF)
- complete a character statutory declaration (550KB PDF)
- provide a military certificate
- provide a letter of good conduct from an employer
Tips on Review a refusal or cancellation
In certain cases, you may appeal to the AAT if we refuse or cancel your visa for failing to meet character requirements.
If you are in Australia , appeals have strict time limits. You must apply in writing within the time specified by the Department in our decision notice.
You may seek judicial review if you believe the decision was not lawfully made.
If you believe that you may be eligible for a Contributory Parent visa or would like to more about the process, contact one of our migration lawyers at No Borders Law Group for a free assessment.
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