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.