864 Visa Onshore Contributory Aged Parent (Permanent)

Visa Overview 

This is a permanent visa referred to as a “Contributory” visa. This is because the initial application fee is $3,770 for the first applicant and $1,880 for spouse. However the second instalment for each applicant is $43,600. This visa takes approximately 2.5 to 4 years to process and is a permanent visa from approval. The large contribution of visa application fee is to offset the rights that are awarded to the visa holder under permanent residency such as health care that they have not contributed towards throughout their lives as ordinary Australians have throughout their life by way of tax. In all cases the second instalment of monies paid is only after each applicant has passed health and character tests and the AoS (Assurance of Support, see below for AoS details) has been lodged with the Australian government. In no case will a second instalment be paid and a visa not granted.  First instalments are non-refundable in all cases.

Benefits

  • Apply in Australia while being granted a bridging visa to stay until the visa is decided.

  • Apply along with your immediate family members (spouse and children).

  • Get access to health coverage from Medicare (Australian public healthcare system)

  • Work and study in Australia.

  • Sponsor other family members to join you, if they meet the criteria.

  • Apply for Australian citizenship down the line.

Who can sponsor?

Your sponsor for the 864 Visa is usually your child, who is living in Australia as a citizen or permanent resident and who is over the age of 18. However, in specific circumstances, it can also be:

  • Your child’s spouse or de facto partner who is at least 18 years old.

  • If your child is under the age of 18:

    • Your child’s spouse who is at least 18 years old.

    • An Australian organization, with which your child has some sort of relation.

If your child and their spouse are under 18: A relative or guardian of your child or your child’s spouse who is at least 18 years old.

 Eligibility and Requirements

  • Applicant must be 65-67 years old to receive the age pension in Australia

  • Don’t hold or apply for a Sponsored Parent Visa, subclass 870.

  • Have an eligible sponsor approved by the department

    • Eligible child

    • Eligible relative

    • Community organisation

  • Have a child who is an Australian citizen, permanent resident or an eligible New Zealand citizen

  • Meet the balance-of-family test

    • At least half of the applicant’s children are permanently residing in Australia or;

    • More of the children are permanently residing in Australia than in any other country

  • Meet health and Character test

  • Have Assurance of Support (AoS)

    • The sponsor makes a legal agreement with the Department of Home Affairs to help their family member or relative migrate to Australia. The sponsor will be responsible for certain social security payments to the Australian Government which are paid for the main applicant applying to migrate to Australia during their AoS period.

 Age Requirement

At the time of visa application decision, the applicant must be at an age equivalent to Age Pension age in Australia. The pension age will be gradually increased from 65 to 67 years as set out in the table below.

Balance of family test

In order to qualify for this visa the applicant must meet what is referred to as the balance of family test. This test states that the applicant must have at least half of their children living in Australia as an Australian citizen or permanent resident or that more of your children live in Australia than any other country. All children, including step children and adopted children of both parents are included in the balance of family test.

Assurance of Support

Assurance of Support (AoS) is an agreement between the sponsor and the Australian government to cover the expenses of any social security benefits your parents receive while in Australia for a period of 10 years.

Using the following services will be deducted from the AoS bond:

  • Newstart Allowance

  • Youth Allowance

  • Austudy Payment

  • Widow Allowance

  • Mature Age Allowance

  • Partner Allowance

  • Sickness Allowance

  • Parenting Payment

  • Special Benefit

The remaining funds will be refunded to the Assurer after 10 years have passed.

Assurance of Support requirement, which is affiliated to the Subclass 143:

  • Assurance of Support type: It is mandatory to provide AoS for Contributory Parent Visas

  • Assurance of Support period: 10 Years

  • Number of adult Assurees: 2

  • Income requirement:

    • If there are 2 Assurers: $52,208.04 is the minimum combined income of all assurers for this financial year. The same income is to be earned for one of the past two financial years. If you do not meet the minimum income you can seek help from additional Assurers.

    • If there is 1 Assurer: $34,805.36 is the minimum combined income of all assurers for this financial year. The same income is to be earned for one of the past two financial years. If you do not meet the minimum income you can seek help from additional Assurers.

How it works

Step 1. Schedule a free consultation with our team of expert lawyers, where we will assess and advise you on the parent visa option that best suits you.

Step 2. Upon engaging our services, we will send out the checklist and instructions to you on how to collect the evidence to support your application.

Step 3.  We will gather and prepare all of the documentation as well as perform any additional checks that are required to lodge a visa application. If you are an onshore applicant you will be granted a bridging visa until your current visa expires. This will give you the right to stay in Australia until the outcome of your 864 visa is decided.

Step 4. Finally, we will notify you of the outcome. If granted, you will become a permanent resident.

Processing time

2.5 year to 4 years

Our Services 

At Think Visa, we are experienced in managing all visa applications under the family migration category. Our Migration Action Plan will include:

  • Assessing your situation and tailor-make a plan that suits your circumstances

  • Preparation for the family visa

  • Full guidance on the documents and statements needed

  • Reviewing and lodging your family visa applications

  • Preparing a legal submission (if required)

  • Monitoring your family visa application promptly

  • Managing your bridging visas (if required)

  • Any correspondence with the Department until a decision is made on the application

 We can also provide you with successful strategies depending on your circumstances:

  • Previous visa refusals/cancellations

  • Tribunal appeals

  • Packaged visas to achieve ultimate migration goal

Migration law is complex and is constantly changing. Let Think Visa do the thinking for you!

Cost 

You pay for this visa in 2 parts called instalments.

Pay the first instalment when you apply. 

Pay the second instalment when immigration is ready to grant your visa.

  • First instalment - AUD$3,770 for main applicant and $1,880 for spouse

  • Second instalment - AUD29,130 for each applicant

Accreditation

Words from our clients

Expert lawyers, just a click away.

Let us solve your migration problems. We provide:

  • Trusted legal advice with peace of mind for your migration journey

  • Prepare, lodge and liaise with the Department on behalf of you and your family

  • Project-manage the application until the visa is granted and bring you to Australia