Parents visas: Onshore and offshore grant concessions from 24 March 2021
/Parent visas now have access to onshore and offshore grant concessions.
Parent visas are a group of family visas that have suffered in the last few years. Parent visa caps were cut by 15 per cent towards the end of 2019, then a further 38 per cent for this program year.
Parent visa applicants in Australia and overseas will, however, be afforded relief should their application be processed during a concession period, which began on 1 February 2020 and is ongoing due to the coronavirus pandemic. This follows other concessions for visa grants to partner, prospective marriage, and child visas.
The Migration Regulations 1994 (Cth) have been amended that sees the possibility of parent visa applications being granted when the visa applicant is in Australia for the following visa subclasses:
Subclass 103 – Parent visa,
Subclass 143 – Contributory Parent visa, and
Subclass 173 – Contributory Parent (Temporary) visa.
The visa application must have been lodged before 24 March 2021, the applicant was in Australia on 24 March 2021, and the visa was granted on or after 24 March 2021, during a concession period and the visa applicant is not in immigration clearance.
Conversely, the following visas can be granted when the visa applicant is outside Australia, when they usually must be in Australia:
Subclass 804 – Aged Parent visa, and
Subclass 864 – Contributory Aged Parent visa.
Similarly, the visa application must have been lodged before 24 March 2021, the applicant was outside Australia on 24 March 2021, and the visa was granted on or after 24 March 2021, during a concession period and the visa applicant is not in immigration clearance.
For 173 visas, if refused, sponsors will have a right to appeal to the Administrative Appeals Tribunal (AAT) but only if their 173 visa was refused according to the above concessions.
Of course, any parent visa applicant in Australia must be mindful of needing to hold a valid visa.