# Parent

> visa-103 — as in force on 2026-06-01 — F2026C00497 · Compilation No. 287 — https://www.legislation.gov.au/F2026C00497/latest/text

Subclass 103—Parent
103.1—Interpretation
               Note:    eligible New Zealand citizen, aged parent, close relative, guardian, outstanding and
                        settled are defined in regulation 1.03, balance of family test is defined in
                        regulation 1.05, parent is defined in subsection 5(1) of the Act, de facto partner is
                        defined in section 5CB of the Act (also see regulation 1.09A), and spouse is defined in
                        section 5F of the Act (also see regulation 1.15A).


103.2—Primary criteria
               Note:    The primary criteria must be satisfied by at least one member of a family unit. The
                        other members of the family unit who are applicants for a visa of this subclass need
                        satisfy only the secondary criteria.

103.21—Criteria to be satisfied at time of application

103.211
          (1) The applicant is a parent of a person who is:
               (a) a settled Australian citizen; or
               (b) a settled Australian permanent resident; or
               (c) a settled eligible New Zealand citizen.
          (2) Subclause (1) does not apply if the applicant meets the requirements of
              subclause 103.214(2).

103.212
          (1) The applicant is sponsored in accordance with subclause (2) or (3).
          (2) If the child has turned 18, the applicant is sponsored by:
                (a) the child; or
                (b) the child’s cohabiting spouse or de facto partner, if that spouse
                     or de facto partner:
                       (i) has turned 18; and
                      (ii) is:
                               (A) a settled Australian citizen; or
                               (B) a settled Australian permanent resident; or
                               (C) a settled eligible New Zealand citizen.
          (3) If the child has not turned 18, the applicant is sponsored by:
                (a) the child’s cohabiting spouse, if that spouse:
                       (i) has turned 18; and
                      (ii) is:
                               (A) a settled Australian citizen; or
                               (B) a settled Australian permanent resident; or







                                (C) a settled eligible New Zealand citizen; or
                 (b) a person who:
                       (i) is a relative or guardian of the child; and
                      (ii) has turned 18; and
                     (iii) is:
                               (A) a settled Australian citizen; or
                                (B) a settled Australian permanent resident; or
                                (C) a settled eligible New Zealand citizen; or
                 (c) if the child has a cohabiting spouse but the spouse has not turned 18—a
                     person who:
                       (i) is a relative or guardian of the child’s spouse; and
                      (ii) has turned 18; and
                     (iii) is:
                               (A) a settled Australian citizen; or
                                (B) a settled Australian permanent resident; or
                                (C) a settled eligible New Zealand citizen; or
                 (d) a community organisation.
          (4) In this clause, the child means the settled Australian citizen, settled Australian
              permanent resident or settled eligible New Zealand citizen referred to in
              clause 103.211.
          (5) This clause does not apply if the applicant meets the requirements of
              subclause 103.214(2).

103.213
          (1) The applicant satisfies the balance of family test.
          (2) Subclause (1) does not apply if the applicant meets the requirements of
              subclause 103.214(2).

103.214
          (1) The applicant meets the requirements of subclause (2).
          (2) An applicant meets the requirements of this subclause if:
               (a) on 8 May 2018:
                     (i) the applicant held a Subclass 405 (Investor Retirement) visa or a
                         Subclass 410 (Retirement) visa; or
                    (ii) the last substantive visa held by the applicant was a Subclass 405
                         (Investor Retirement) visa or a Subclass 410 (Retirement) visa; and
               (b) during the period commencing on 8 May 2018 and ending on the day the
                   application for the Subclass 103 (Parent) visa is made, the applicant has not
                   held any substantive visa other than a visa mentioned in
                   subparagraph (a)(i); and









                  (c) the applicant was in Australia, but not in immigration clearance, when the
                      application for the Subclass 103 (Parent) visa was made.
          (3) This clause does not apply if the applicant satisfies the criteria in
              clauses 103.211, 103.212 and 103.213.

103.22—Criteria to be satisfied at time of decision

103.221
          (1) The applicant continues to satisfy the criterion in clause 103.211.
          (2) Subclause (1) does not apply if the applicant meets the requirements of
              subclause 103.214(2).

103.222
          (1) A sponsorship of the kind mentioned in clause 103.212, approved by the
              Minister, is in force, whether or not the sponsor was the sponsor at the time of
              application.
               Note:     The applicant may seek the Minister’s approval for a change of sponsor as long as the
                         new sponsor meets the description in clause 103.212.

          (2) Subclause (1) does not apply if the applicant meets the requirements of
              subclause 103.214(2).

103.224
               The applicant:
                (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010,
                    4020 and 4021; and
                (b) if the applicant had turned 18 at the time of application—satisfies public
                    interest criterion 4019.

103.225
               If the applicant has previously been in Australia, the applicant satisfies special
               return criteria 5001, 5002 and 5010.

103.226
          (1) The Minister is satisfied that an assurance of support in relation to the applicant
              has been accepted by the Secretary of Social Services.
          (2) Subclause (1) does not apply if the applicant meets the requirements of
              subclause 103.214(2).

103.227
          (1) Each person who is covered by subclause (2), (3) or (4):







                 (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010
                     and 4020; and
                 (b) if the person had turned 18 at the time of application—satisfies public
                     interest criterion 4019; and
                 (c) if the person has previously been in Australia—satisfies special return
                     criteria 5001, 5002 and 5010.
          (2) This subclause covers a person:
               (a) who is a member of the family unit of the applicant (the primary
                    applicant); and
               (b) who is also an applicant for a Subclass 103 visa.
          (3) This subclause covers a person (the relevant person) if:
               (a) the relevant person was, at the time of the primary applicant’s application,
                    a member of the family unit of the primary applicant; and
               (b) the relevant person is an applicant for a Subclass 103 visa; and
               (c) the Minister is satisfied that one or more of the following has experienced
                    family violence committed by the primary applicant:
                      (i) the relevant person;
                     (ii) a member of the family unit of the relevant person who has made a
                          combined application with the relevant person or with the primary
                          applicant;
                    (iii) a dependent child of the relevant person or of the primary applicant.
               Note:     For special provisions relating to family violence, see Division 1.5.

          (4) This subclause covers a person if:
               (a) the person was, at the time of the primary applicant’s application, a
                    member of the family unit of the primary applicant but is no longer a
                    member of the family unit of the primary applicant; and
               (b) the person is an applicant for a Subclass 103 visa; and
               (c) the person is a member of the family unit of a person covered by
                    subclause (3).

103.227A
          (1) Each person:
                (a) who is a member of the family unit of the applicant; and
                (b) who is not an applicant for a Subclass 103 visa;
              satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public
              interest criterion 4005, unless the Minister is satisfied that it would be
              unreasonable to require the person to undergo assessment in relation to that
              criterion.
          (2) Each person:
               (a) who was, at the time of application, a member of the family unit of the
                   applicant but is no longer a member of the family unit of the applicant; and









                 (b) who is a member of the family unit of a person covered by
                      subclause 103.227(3) or (4); and
                 (c) who is not an applicant for a Subclass 103 visa;
               satisfies public interest criteria 4001, 4002, 4003 and 4004, and satisfies public
               interest criterion 4005, unless the Minister is satisfied that it would be
               unreasonable to require the person to undergo assessment in relation to that
               criterion.

103.228
               If a person (in this clause called the additional applicant):
                 (a) is a person covered by subclause 103.227(2), (3) or (4); and
                 (b) has not turned 18; and
                 (c) made a combined application with the applicant—
               public interest criteria 4015 and 4016 are satisfied in relation to the additional
               applicant.

103.229
               If the applicant has previously made a valid application for another parent visa,
               that application is not outstanding.

103.3—Secondary criteria
               Note:     These criteria are for applicants seeking to satisfy the secondary criteria.

103.31—Criteria to be satisfied at time of application

103.311
          (1) The applicant:
               (a) is a member of the family unit of, and made a combined application with, a
                   person (the primary applicant) who satisfies the primary criteria in
                   Subdivision 103.21; or
               (b) is a member of the family unit of a person covered by subclause (1A).
        (1A) This subclause covers a person (the relevant person) if:
              (a) the relevant person was, at the time of the relevant person’s application for
                   the visa, the spouse or de facto partner of the primary applicant; and
              (b) the relevant person made a combined application with the primary
                   applicant; and
              (c) the relationship between the relevant person and the primary applicant has
                   ceased; and
              (d) one or more of the following has experienced family violence committed
                   by the primary applicant:
                     (i) the relevant person;
                    (ii) a member of the family unit of the relevant person or the primary
                         applicant;







                       (iii) a dependent child of the relevant person or primary applicant.
               Note:      For special provisions relating to family violence, see Division 1.5.

          (2) Subclause (1) does not apply if the applicant meets the requirements of
              subclause 103.313(2).

103.312
          (1) A sponsorship of the kind mentioned in clause 103.212 of the person who
              satisfies the primary criteria, approved by the Minister:
                (a) is in force; and
                (b) includes sponsorship of the applicant.
          (2) Subclause (1) does not apply if:
               (a) paragraph 103.311(1)(b) applies to the applicant; or
               (b) the applicant meets the requirements of subclause 103.313(2).

103.313
          (1) The applicant meets the requirements of subclause (2).
          (2) An applicant meets the requirements of this subclause if:
               (a) the applicant is a member of the family unit of, and makes a combined
                   application with, a person who has met the requirements of
                   subclause 103.214(2); and
               (b) on 8 May 2018:
                     (i) the applicant held a Subclass 405 (Investor Retirement) visa or a
                         Subclass 410 (Retirement) visa; or
                    (ii) the last substantive visa held by the applicant was a Subclass 405
                         (Investor Retirement) visa or a Subclass 410 (Retirement) visa; and
               (c) during the period commencing on 8 May 2018 and ending on the day the
                   application for the Subclass 103 (Parent) visa is made, the applicant has not
                   held any substantive visa other than a visa mentioned in
                   subparagraph (b)(i); and
               (d) the applicant was in Australia, but not in immigration clearance, when the
                   application for the Subclass 103 (Parent) visa was made.
          (3) This clause does not apply if the applicant satisfies the criteria in clauses 103.311
              and 103.312.

103.32—Criteria to be satisfied at time of decision

103.321
          (1) The applicant meets the requirements of subclause (2), (3), (4) or (5).
          (2) The applicant meets the requirements of this subclause if the applicant:









                 (a) is the member of the family unit of a person (the primary applicant) who
                     holds a Subclass 103 visa granted on the basis of satisfying the primary
                     criteria for the grant of the visa; and
                 (b) made a combined application with the primary applicant.
          (3) The applicant meets the requirements of this subclause if:
               (a) at the time of the application, the applicant was the spouse
                   or de facto partner of a person (the primary applicant) seeking to satisfy
                   the primary criteria for the grant of a Subclass 103 visa, and the primary
                   applicant has since been granted that visa; and
               (b) the relationship between the primary applicant and the applicant has
                   ceased; and
               (c) one or more of the following has experienced family violence committed
                   by the primary applicant:
                     (i) the applicant;
                    (ii) a member of the family unit of the applicant who has made a
                         combined application with the applicant or with the primary applicant;
                   (iii) a dependent child of the applicant or of the primary applicant; and
               (d) the applicant entered Australia after the applicant’s visa application was
                   made.
          (4) The applicant meets the requirements of this subclause if:
               (a) at the time of the application, the applicant was the spouse
                   or de facto partner of a person (the primary applicant) seeking to satisfy
                   the primary criteria for the grant of a Subclass 103 visa; and
               (b) the relationship between the primary applicant and the applicant has
                   ceased; and
               (c) one or more of the following has experienced family violence committed
                   by the primary applicant:
                     (i) the applicant;
                    (ii) a member of the family unit of the applicant who has made a
                         combined application with the applicant or with the primary applicant;
                   (iii) a dependent child of the applicant or of the primary applicant; and
               (d) the applicant entered Australia after the applicant’s visa application was
                   made; and
               (e) the Minister has decided to refuse to grant the primary applicant the visa
                   for reasons including that the primary applicant had engaged in conduct
                   involving family violence (whether or not the family violence was against a
                   person mentioned in paragraph (c)).
          (5) The applicant meets the requirements of this subclause if:
               (a) the applicant is a member of the family unit of a person (the secondary
                   applicant) who meets the requirements of subclause (3) or (4); and
               (b) the applicant has made a combined application with the secondary
                   applicant or the primary applicant mentioned in subclause (3) or (4)
                   (whichever applies to the secondary applicant); and
               (c) a Subclass 103 visa has since been granted to the secondary applicant.







               Note:     For special provisions relating to family violence, see Division 1.5.


103.322
          (1) Either:
               (a) a sponsorship of the kind mentioned in clause 103.212, approved by the
                    Minister, is in force and includes sponsorship of the applicant, whether or
                    not the sponsor was the sponsor at the time of application; or
               (b) the applicant is sponsored in accordance with subclause (1A) and the
                    sponsorship has been approved by the Minister and is in force.
        (1A) The applicant is sponsored:
              (a) by a child of the primary applicant mentioned in subclause 103.321(2), (3)
                  or (4), if the child:
                    (i) has turned 18; and
                   (ii) is a settled Australian citizen, a settled Australian permanent resident
                        or a settled eligible New Zealand citizen; or
              (b) by the child’s cohabiting spouse or de facto partner, if the spouse or de
                  facto partner:
                    (i) has turned 18; and
                   (ii) is a settled Australian citizen, a settled Australian permanent resident
                        or a settled eligible New Zealand citizen; or
              (c) if the child or child’s cohabiting spouse or de facto partner has not turned
                  18—by a relative or guardian of the child or child’s cohabiting spouse or
                  de facto partner, if the relative or guardian:
                    (i) has turned 18; and
                   (ii) is a settled Australian citizen, a settled Australian permanent resident
                        or a settled eligible New Zealand citizen; or
              (d) if the child has not turned 18—by a community organisation.
          (2) Subclause (1) does not apply if the applicant meets the requirements of
              subclause 103.313(2).

103.323
               The applicant:
                (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010,
                    4020 and 4021; and
                (b) if the applicant had turned 18 at the time of application—satisfies public
                    interest criterion 4019.

103.324
               If the applicant has previously been in Australia, the applicant satisfies special
               return criteria 5001, 5002 and 5010.









103.325
          (1) The Minister is satisfied that:
               (a) the applicant is included in the assurance of support given in relation to the
                   person who satisfies the primary criteria, and that assurance has been
                   accepted by the Secretary of Social Services; or
               (b) an assurance of support in relation to the applicant has been accepted by
                   the Secretary of Social Services.
          (2) Subclause (1) does not apply if the applicant meets the requirements of
              subclause 103.313(2).

103.326
               If the applicant has not turned 18, public interest criteria 4017 and 4018 are
               satisfied in relation to the applicant.

103.327
               If the applicant has previously made a valid application for another parent visa,
               that application is not outstanding.

103.328
          (1) This clause applies if the applicant (the secondary applicant) meets the
              requirements of subclause 103.321(3) or (4).
          (2) Each member of the family unit of the secondary applicant who is an applicant
              for a Subclass 103 visa satisfies:
                (a) public interest criteria 4001, 4002, 4003, 4004, 4005, 4009, 4010 and 4020;
                    and
                (b) special return criteria 5001, 5002 and 5010.
          (3) Each member of the family unit of the secondary applicant who is an applicant
              for a Subclass 103 visa and who has turned 18 at the time of application satisfies
              public interest criterion 4019.
          (4) Public interest criteria 4015 and 4016 are satisfied in relation to each member of
              the family unit of the secondary applicant who is an applicant for a Subclass 103
              visa and who has not turned 18 at the time of decision.
          (5) Each member of the family unit of the secondary applicant who is not an
              applicant for a Subclass 103 visa:
                (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
               (b) satisfies public interest criterion 4005, unless the Minister is satisfied that it
                    would be unreasonable to require the member to undergo assessment in
                    relation to that criterion.









103.4—Circumstances applicable to grant

103.411
          (1) Unless subclause (2) or (3) applies, the applicant must be outside Australia when
              the visa is granted.
          (2) If the applicant:
                (a) meets the requirements of subclause 103.214(2); or
                (b) meets the requirements of subclause 103.313(2) on the basis that the
                     applicant is a family member of the applicant mentioned in paragraph (a);
              the applicant may be in or outside Australia, but not in immigration clearance,
              when the visa is granted.
               Note:     The second instalment of the visa application charge must be paid before the visa can
                         be granted.

          (3) This subclause applies if:
               (a) the application for the visa was made before 24 March 2021; and
               (b) the applicant was in Australia on 24 March 2021; and
               (c) the visa is granted after 23 March 2021; and
               (d) the visa is granted before the end of the concession period described in
                    subregulation 1.15N(1); and
               (e) the applicant is in Australia, but not in immigration clearance, when the
                    visa is granted.

103.5—When visa is in effect

103.511
               Permanent visa permitting the holder to travel to and enter Australia for a period
               of 5 years from the date of grant.

103.6—Conditions

103.611
               If the applicant is outside Australia when the visa is granted, first entry must be
               made before a date specified by the Minister for the purpose.

103.612
               Either or both of conditions 8502 and 8515 may be imposed.
