Australia's New Rules for Aged Parent Visa Applicants | Australia Immigration Updates

Guidance for Migration Agents and Legal Representatives on Aged Parent Secondary Applicants

This advice aims to clarify procedures for Aged Parent visa applicants when the primary applicant has passed away, leaving the secondary applicant, who may not meet the Aged Parent definition, as the sole remaining applicant. This situation has raised concerns among migration agents and legal representatives seeking clarity on how the Department addresses these cases.

Current Policy Overview

The current policy, outlined in the Schedule 2 Parent visas Procedural Instruction (PI) n (VM-3058), published on 30 June 2017, states:

1. Queue Position Maintenance: If the primary Aged Parent visa applicant passes away, the secondary applicant, if not 'aged,' can maintain their queue position until their application is reviewed for grant consideration.

   
   

2. Age Requirement: If the secondary applicant does not meet the 'aged' definition at the decision time, their application will be refused. However, applicants who are 'aged' and meet all other requirements may be eligible for a visa grant. The age requirement is a 'time of application' criterion.

Sensitivity and Actions

Recognizing the sensitivity of these cases, especially involving older applicants who have lost their partner, the visa processing team has proactively contacted potentially impacted clients through their migration agents or authorized representatives to understand their circumstances better.

Feedback and Temporary Pause

Based on feedback from several migration agents and legal representatives, and considering the significant impact on clients, the Department has decided to temporarily pause processing these cases. This pause allows the Department to explore more enduring solutions, particularly for applicants currently in Australia.

Interim Measures

1. No Further Action: While these considerations are ongoing, the Department will take no further action on these cases.

   
   

2. Regular Updates: The Department will keep migration agents and legal representatives informed about the progress of these considerations.

Future Considerations

The Department is actively exploring solutions that balance policy requirements with the humanitarian aspects of these cases. Potential solutions being considered include:

1. Policy Amendments: Reviewing and potentially amending the current policy to provide clearer guidelines and flexibility for secondary applicants in these unique circumstances.

2. Case-by-Case Assessments: Implementing a more individualized approach to assess each case based on its specific circumstances, ensuring that secondary applicants receive fair consideration.

3. Support Mechanisms: Developing support mechanisms for secondary applicants who may face challenges due to the loss of the primary applicant, including legal and counseling support.

The Department understands the critical nature of these cases and is committed to finding solutions that uphold the integrity of the migration program while addressing the needs of vulnerable applicants.

Next Steps

Migration agents and legal representatives are advised to:

1. Stay Informed: Keep updated with any communications from the Department regarding changes or updates to the policy and procedures.

2. Provide Support: Offer support and guidance to affected clients, ensuring they are aware of the current status and the steps being taken by the Department.

3. Feedback: Continue providing feedback to the Department to aid in the development of more effective solutions.

The Department appreciates the cooperation and understanding of migration agents and legal representatives during this period of review and consideration.