804 (Aged Parent) and 819 (Aged Parent) Visa
October 27, 1998
Subclass 804 (Aged Parent) is to be repealed. A new Part 819 to the migration regulation will make provision for the grant of a Subclass 819 visa to aged parents of an Australian citizen, permanent resident or eligible New Zealand citizen.
Only aged parents who hold a Subclass 410 (Retirement) visa, or who applied for Family (Residence) (Class AO) or General (Residence) (Class AS) visa prior to 1 November 1998 for which no primary decision has been made, are eligible to apply for an 819 visa.
To satisfy the primary criteria for this visa, an applicant must be nominated by their child who is settled in Australia. In addition, an applicant must either:
- have made a valid application for a Family (Residence) (Class AO) or General (Residence) (Class AS) visa prior to 1 November 1998 in relation to which no decision to grant or refuse to grant has been made [eg 'Group 1']. These applicants must also satisfy the balance of family test and provide an assurance of support which is accepted by an immigration case officer; or
- have held a 410 visa (or its Pre-MRA equivalents under the 1989 and 1993 Regulations), for a period of ten years (either consecutively or concurrently) [eg 'Group 2']. There is no requirement for these applicants to satisfy the balance of family test, provide an assurance of support or pay the second instalment of the visa application charge. Holders of a 410 (Retirement) visa who apply for an 819 (Aged Parent) visa, are not required to pay the second instalment of the visa application charge.
Members of the family unit of a Group 1 applicant who satisfy the primary criteria may also apply for this visa, also provided the primary application is unfinalised. Members of the family unit of a Group 1 applicant must also provide a separate assurance of support unless they are included within the assurance of support made in respect of the primary applicant. Spouses of a Group 2 applicant who satisfy the primary criteria may apply for this visa, provided the primary application is unfinalised.
