Why Your Australian Parent Visa Got Refused for Chinese Nationals.
As an immigration lawyer, I often encounter many concerns regarding Australian parent visa refusals, particularly from Chinese nationals. Navigating Australia’s migration laws, particularly the Migration Act 1958 and associated migration regulations, can be challenging. In this blog, I will address 14 common questions asked by Chinese nationals about parent visa refusals, offering clarity and guidance to help you better understand the process.
1. What are the key reasons for a parent visa refusal?
Parent visas may be refused for several reasons, including failure to meet health or character requirements, incomplete documentation, insufficient financial guarantees (e.g., Assurance of Support), or failing the “balance of family test” where at least half the applicant’s children must reside in Australia as citizens or permanent residents.
2. What is the “balance of family test” and how does it impact my visa application?
The “balance of family test” is one of the most critical factors in determining a parent visa application. To meet this test, at least half of your children must be permanent residents or citizens of Australia, or more of your children must live permanently in Australia than in any other country​. Failure to meet this test is one of the most common reasons for visa refusal.
3. How long does it take for parent visa applications to be processed?
Processing times for parent visas vary greatly. Contributory parent visas (subclass 143/173) are typically faster but come with substantial fees, whereas non-contributory visas (subclass 103/804) have waiting times extending to 30 years. For Chinese nationals, the timeline can be influenced by both the complexity of the case and the volume of application.
4. Can I appeal a parent visa refusal?
Yes, you can appeal a parent visa refusal to the Administrative Review Tribunal (ART), previously known as the AAT. It is essential to act within the specified time limit and provide all necessary supporting documentation to enhance the chance of a successful appeal​.
5. What are the costs associated with a contributory parent visa?
Contributory parent visas require applicants to pay significant fees—approximately AUD 50,000 per parent—plus an Assurance of Support bond of around AUD 10,000 for the primary applicant and AUD 4,000 for additional family members. These fees are in place to ensure that the Australian government is not financially responsible for the applicant.
6. Can my parents work or receive social benefits in Australia?
Parents on contributory visas may have work rights; however, they are not eligible to receive social security benefits for up to 10 years due to the Assurance of Support. The bond guarantees that they will not access welfare payments, so careful planning for financial support is crucial​.
7. Do my parents need to undergo a health check for a parent visa?
Yes, health checks are mandatory for all parent visa applicants to ensure they do not pose a risk to public health in Australia. A failure to meet the health requirement could lead to a visa refusal.
8. What happens if my parents fail the health requirement?
If your parents fail the health requirement, it is possible to seek a health waiver in certain circumstances, particularly where refusing the visa would cause undue hardship. However, health waivers are not guaranteed and require strong supporting evidence.
9. What can I do if my parents do not pass the character test?
A refusal based on character grounds is serious but can sometimes be appealed or mitigated by providing additional evidence that demonstrates their good character. If the refusal is due to a minor issue, it may be possible to reapply or submit an appeal with more thorough documentation​.
10. Can a refusal affect future visa applications?
A refusal for a parent visa amy impact future visa applications. The reasons for the refusal—especially if they relate to character or health—must be addressed in any subsequent applications. Providing stronger documentation and addressing previous issues is key.
11. Can my parents visit Australia on a tourist visa while awaiting their parent visa?
Yes, your parents can apply for a tourist visa to visit Australia while waiting for their parent visa to be processed. However, it’s important to disclose the ongoing parent visa application and provide evidence that they intend to return to their home country after their visit.
12. What is an Assurance of Support, and why is it necessary?
An Assurance of Support is a financial commitment made by a sponsor to ensure that the visa applicant does not rely on welfare benefits. The bond is held by the government for 10 years and may be forfeited if the applicant claims social security benefits during that period.
13. What happens if we cannot meet the Assurance of Support requirement?
If the Assurance of Support cannot be met, the visa will likely be refused. However, it may be possible to reapply after securing financial support from a third party who meets the requirements.
14. Is there a way to speed up the processing of a parent visa?
Unfortunately, there is no way to fast-track the processing of parent visas, particularly the non-contributory options. While contributory visas are processed faster, the wait time for non-contributory visas is lengthy, and applicants must plan accordingly.
Final Thoughts and Next Steps
Applying for an Australian parent visa can be a complex and lengthy process, particularly for Chinese nationals who must navigate stringent requirements and the “balance of family test.” If your parent visa has been refused, it is crucial to seek expert advice to understand the refusal grounds and explore the possibility of appealing through the Administrative Review Tribunal (ART). As a highly experienced immigration lawyer, I can help guide you through the process, offering practical solutions to address the reasons for refusal and helping your family reunite in Australia.
Call to Action: If your parent visa has been refused or you are worried about your and your family’s application, contact us today for a consultation. With our deep expertise in immigration law and a thorough understanding of the unique challenges faced by Chinese nationals, we can help you overcome the obstacles and secure your and your family’s future in Australia.
