Having an Australian citizen or permanent resident child does not automatically allow a parent to obtain an Australian parent visa – particularly where the child is under 18.
Although a minor child generally cannot sponsor a parent directly, limited alternative sponsorship arrangements may be available for certain parent visas.
Can a child under 18 be the direct sponsor?
Generally, no.
For the permanent Subclass 143 Contributory Parent visa and temporary Subclass 173 Contributory Parent visa, a child must be at least 18 years old to sponsor their parent directly.
The child must also satisfy the applicable status and residence requirements. Turning 18 does not, by itself, establish eligibility to sponsor.
Can another person sponsor on the child’s behalf?
Potentially.
For certain parent visa subclasses, an eligible adult may sponsor the parent on behalf of the child. Depending on the applicable visa criteria, this may include:
- the child’s co-habiting spouse;
- the child’s relative or guardian;
- in some circumstances, a relative or guardian of the child’s co-habiting spouse; or
- an approved community organisation.
The proposed individual sponsor will generally need to:
- be at least 18;
- hold the prescribed Australian citizenship, permanent residence or eligible New Zealand citizen status;
- be settled and usually resident in Australia, where required; and
- accept the relevant sponsorship obligations.
A relative who informally helps care for the child will not automatically qualify as the child’s guardian.
What does “guardian” mean?
Regulation 1.03 of the Migration Regulations 1994 defines a guardian, in relation to a child, as a person who has responsibility for the child’s long-term welfare and the powers, rights and duties vested by law or custom in a guardian, subject to the exclusions specified in the definition.
Evidence may therefore be required to establish the proposed sponsor’s legal or customary guardianship and responsibility for the child’s long-term welfare.
Can a community organisation sponsor?
In some cases, a community organisation may apply to sponsor the parent on behalf of a child under 18.
The Regulations do not contain a comprehensive definition of “community organisation”. Departmental policy has contemplated organisations such as:
- community-based organisations;
- ethnic or cultural organisations; and
- church or faith-based groups.
The organisation should have a genuine connection with the child or be assisting the child or family.
What must the organisation establish?
The organisation may be asked to demonstrate:
- that it was lawfully established in Australia;
- a genuine relationship with the child or family;
- that it has operated in Australia for an appropriate period;
- authority for its representative to act and sign the sponsorship documents;
- adequate financial capacity; and
- an ability to meet the sponsorship obligations.
Approval is not automatic merely because an organisation is registered or willing to assist.
Does the child still need to be settled in Australia?
The exact requirements depend on the alternative sponsorship category and visa subclass. However, the underlying relationship and residence criteria remain important.
Under regulation 1.03, “settled” means lawfully resident in Australia for a reasonable period. Departmental policy has generally used two years as a guide, while allowing the circumstances of the case to be considered.
An Australian citizen child who has lived almost entirely overseas will not necessarily be regarded as settled in Australia merely because the child:
- holds an Australian passport;
- visits Australia;
- has relatives in Australia; or
- intends to move to Australia later.
Does the family need to pass the balance of family test?
Most permanent parent visa subclasses require the applicant to satisfy the balance of family test under regulation 1.05.
Broadly, the parent must have:
- at least half of their eligible children usually resident in Australia; or
- more eligible children usually resident in Australia than in any single overseas country.
A child’s citizenship does not determine where the child counts. The Department examines where the child actually has their usual home. A child who visits Australia but lives overseas may be treated as resident overseas for this test.
The balance of family test generally cannot be waived because of compassionate circumstances.
How long do parent visas take?
Permanent parent visas are subject to annual migration planning levels, queueing arrangements and lengthy processing periods.
Non-contributory parent visas can involve particularly long waits. Contributory parent visas generally progress more quickly, but applicants may still face a substantial processing period.
Processing estimates and queue release dates can change. They should be checked against current Department of Home Affairs information before an application strategy is selected.
What about the Subclass 870 visa?
The Subclass 870 Sponsored Parent (Temporary) visa operates under a separate sponsorship framework.
The approved parent sponsor must be at least 18. Unlike some permanent parent visa categories, the Subclass 870 framework does not generally provide the same alternative sponsorship mechanism through a guardian or community organisation acting for a child under 18.
The Subclass 870 visa also:
- does not require the balance of family test;
- is temporary;
- does not provide a direct pathway to permanent residence; and
- is subject to separate sponsorship, income and application requirements.
Concluding thoughts
An Australian citizen or permanent resident child under 18 generally cannot sponsor a parent directly – but that may not be the end of the road.
For some parent visa subclasses, an eligible adult or approved community organisation may be able to sponsor on the child’s behalf. The appropriate strategy will depend on the child’s residence, the family’s circumstances, the proposed sponsor’s eligibility and whether the balance of family test is met.
Importantly, families should not assume that:
- Australian citizenship alone makes the child an eligible sponsor;
- short visits mean the child is usually resident or settled in Australia;
- a relative automatically qualifies as a guardian;
- any community group can provide sponsorship; or
- an application can be lodged now and corrected after the child turns 18.
These issues should be resolved before lodgement. Identifying a valid sponsorship pathway early can prevent unnecessary expense, delay and the loss of valuable time.
Your child may be too young to sponsor – but your family may still have options.
Contact Migration Affairs at to explore whether an eligible adult, guardian or community organisation can support your parent visa pathway.
📧 info@migrationaffairs.com.au
🌐 migrationaffairs.com.au/contact
📞 +61 2 8226 8777
Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.