EXPLANATORY STATEMENT
Migration Regulations 1994
Migration (Arrangements for Parent Visa Applications) Instrument 2026
The instrument Migration (Arrangements for Parent Visa Applications) Instrument 2026 (departmental reference LIN 26/005) is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).
The instrument repeals the Migration (IMMI 18/079: Arrangements for Parent Visa Applications) Instrument 2018 (IMMI 18/079) in accordance with subsection 33(3) of the Acts Interpretation Act 1901. That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.
The instrument commences on 22 April 2026. It is a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act).
Purpose
LIN 26/005 is made under subregulation 2.07(5) of the Regulations. This provision provides that if an item of Schedule 1 to those Regulations prescribes criteria or requirements by reference to a legislative instrument made under subregulation 2.07(5), the Minister may, by legislative instrument, specify any of the following matters for the purposes of such criterion or requirement:
- an approved form for making an application for a visa of a specified class;
- the way in which an application for a visa of a specified class must be made;
- the place at which an application for a visa of a specified class must be made;
- any other matter.
LIN 26/005 specifies the form, place and manner in which an application must be made for the following classes of visas:
- Parent (Migrant) (Class AX) visa;
- Contributory Parent (Migrant) (Class CA) visa;
- Contributory Parent (Temporary) (Class UT) visa;
- Aged Parent (Residence) (Class BP) visa;
- Contributory Aged Parent (Residence) (Class DG) visa; and
- Contributory Aged Parent (Temporary) (Class UU) visa.
In particular, the instrument now provides for online (internet) lodgement for a Parent (Migrant) (Class AX) visa, Aged Parent (Residence) (Class BP) visa, Contributory Parent (Migrant) (Class CA) visa, and Contributory Aged Parent (Residence) (Class DG) visa application. This reflects the departmental system change to enable applications for these specified classes of visa to be made as an internet application online or in limited circumstances on paper. The option for online lodgement provides a streamlined manner for visa lodgement, a timelier service for visa applicants, and removes the need for postal or courier fees.
The instrument also specifies that an application for a Contributory Parent (Temporary) (Class UT) visa and a Contributory Aged Parent (Temporary) (Class UU) visa must be made in the approved form (a paper form) and manner (via post or courier).
Consultation
The instrument is of a minor or machinery nature, external consultation was not considered necessary or appropriate to undertake.
The online (internet) lodgement for a Parent (Migrant) (Class AX) visa, Aged Parent (Residence) (Class BP) visa, Contributory Parent (Migrant) (Class CA) visa and Contributory Aged Parent (Residence) (Class DG) visa application is a positive, low-risk administrative improvement that reduces applicant costs and delivery delays. A paper form will be available in limited circumstances.
Parliamentary scrutiny etc.
The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because it is an instrument made under Schedule 1 to the Regulations which is exempt from disallowance under paragraph (b) of item 20 in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015. As the instrument is exempt from disallowance, a Statement of Compatibility of Human Rights is not required.
Further details of the provisions of the instrument are set out in Attachment A.
The Regulations specify no conditions that need to be satisfied before the power to make the instrument may be exercised.
The instrument is made by a delegate of the Minister, in accordance with subregulation 2.07(5) of the Regulations.
Details of the Migration (Arrangements for Parent Visa Applications) Instrument 2026
Part 1—Preliminary
Section 1 Name
This section provides that the name of the instrument is the Migration (Arrangements for Parent Visa Applications) Instrument 2026.
Section 2 Commencement
This section provides that the instrument commences on 22 April 2026.
Section 3 Authority
This section provides that the instrument is made under subregulation 2.07(5) of the Migration Regulations 1994.
Section 4 Definitions
This section provides for the definitions in the instrument.
The note under the heading in this section of the instrument provides that a number of expressions used in the instrument are defined in the Act, including the following:
- approved form;
- visa.
Under this section:
- Act means the Migration Act 1958.
- Internet application has the meaning given by regulation 1.03 of the Regulations.
- Regulations means the Migration Regulations 1994.
Section 5 Schedules
This section provides that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the instrument has effect according to its terms.
Part 2—Arrangements for Parent visa applications
Section 6 Parent (Migrant) (Class AX) visa
This section provides that for the purposes of subitem 1124(1) and paragraph 1124(3)(a) of Schedule 1 to the Regulations, for each item and visa specified in Column 1 and kind of visa applicant mentioned in Column 2 of item 1 in the table in Schedule 1 to the instrument:
- the approved form is specified in Column 3 of the same table; and
- the place and manner for making an application are specified in the corresponding row in Column 4 of that table item.
Section 7 Aged Parent (Residence) (Class BP) visa
This section provides that for the purposes of subitem 1124A(1) and paragraph 1124A(3)(a) of Schedule 1 to the Regulations, for each item and visa specified in Column 1 and the kind of visa applicant mentioned in Column 2 of item 2 in the table in Schedule 1 to the instrument:
- the approved form is specified in Column 3 of the same table; and
- the place and manner for making an application are specified in the corresponding row in Column 4 of that table item..
Section 8 Contributory Parent (Migrant) (Class CA) visa
This section provides that for the purposes of subitem 1130(1) and paragraph 1130(3)(a) of Schedule 1 to the Regulations, for each item and visa specified in Column 1 and the kind of visa applicant mentioned in Column 2 of item 3 in the table in Schedule 1 to the instrument:
- the approved form is specified in Column 3 of the same table; and
- the place and manner for making an application are specified in the corresponding row in Column 4 of that table item..
Section 9 Contributory Aged Parent (Residence) (Class DG) visa
This section provides that for subitem 1130A(1) and paragraph 1130A(3)(a) of Schedule 1 to the Regulations, for each item and visa specified in Column 1 and the kind of applicant mentioned in Column 2 of item 4 in the table in Schedule 1 to the instrument:
- the approved form is specified in Column 3 of the same table; and
- the place and manner for making an application are specified in the corresponding row in Column 4 of that table item..
Sections 6 to 9 and items 1 to 4 of the table in Schedule 1 to the instrument have been remade in substantially the same form as the similar provisions in the repealed IMMI 18/079. Those provisions in the repealed IMMI 18/079 reflect the departmental system change to enable the relevant specified class of visa application to be made online (internet), using form 47PA (Internet), and in limited circumstances on paper, using form 47PA (see items 1 to 4 of Column 3 (Approved form) and Column 4 (Place and manner) of Schedule 1 to the instrument).
For the purposes of sections 6, 7, 8 or 9 and items 1, 2, 3 or 4 (respectively) in the table in Schedule 1 to the instrument, the option for online (internet) lodgement for a Parent (Migrant) (Class AX) visa, Contributory Parent (Migrant) (Class CA) visa, Aged Parent (Residence) (Class BP) visa or Contributory Aged Parent (Residence) (Class DG) visa application provides a streamlined manner for lodgement of the relevant application and removes postal/courier fees.
Form 47PT has been discontinued. The relevant content of this form is included in forms 47PA (internet) and 47PA (paper-based) for a Contributory Parent (Migrant) (Class CA) visa and Contributory Aged Parent (Residence) (Class DG) visa applications.
Section 10 Contributory Parent (Temporary) (Class UT) visa
This section provides that for the purposes of subitem 1221(1) and paragraph 1221(3)(a) of Schedule 1 to the Regulations, for each item and visa specified in Column 1 and the kind of visa applicant mentioned in Column 2 of item 5 in the table in Schedule 1 to the instrument:
- the approved form is specified in Column 3 of the same table; and
- the place and manner for making an application are specified in the corresponding row in Column 4 of that table item..
Section 11 Contributory Aged Parent (Temporary) (Class UU) visa
This section provides that for the purposes of subitem 1221A(1) and paragraph 1221A(3)(a) of Schedule 1 to the Regulations, each item and visa specified in Column 1 and the kind of visa applicant mentioned in Column 2 of item 6 in the table in Schedule 1 to the instrument:
- the approved form is specified in Column of the same table 3; and
- the place and manner for making an application are specified in the corresponding row in Column 4 of that table item..
Sections 10 and 11 and items 5 and 6 of the table in Schedule 1 to the instrument have been remade in substantially the same form as the similar provisions in the repealed IMMI 18/079. These provisions specify the form (a paper form) and manner (via post or courier) in which an application must be made for a Contributory Parent (Temporary) (Class UT) visa and a Contributory Aged Parent (Temporary) (Class UU) visa. Unless the relevant applicant is a contributory parent newborn child, and where that applicant has notified the Department’s Parent Visa Centre of their birth in writing (via post or courier), then no application is required for either of these class of visa (see items 5 and 6 of Columns 2 and 3 of the table in Schedule 1 to the instrument).
Part 3—Application provision and transitional provisions
Section 12 Application of this instrument
This section provides for the application of the instrument in relation to Parent visa applications. This section provides that the instrument applies in relation to an application for a visa made on or after the day this instrument commences, and subject to section 13.
Section 13 Parent visa applications—posted or delivered by a courier service to the Department before commencement of this instrument
This section provides for transitional arrangements for the Parent (Migrant) (Class AX) visa, Contributory Parent (Migrant) (Class CA) visa, Aged Parent (Residence) (Class BP) visa or Contributory Aged Parent (Residence) (Class DG) visa applicant, where that application was posted or couriered to the Department before the commencement of the instrument but was only received by the Department on or after the commencement of the instrument.
This section of the instrument provides that despite the repeal of the Migration (IMMI 18/079: Arrangements for Parent Visa Applications) Instrument 2018 (IMMI 18/079) by Schedule 1 to this instrument, IMMI 18/079 continues to apply in relation to an application for one of the following classes of visa:
- Parent (Migrant) (Class AX) visa;
- Aged Parent (Residence) (Class BP) visa;
- Contributory Parent (Migrant) (Class CA) visa;
- Contributory Aged Parent (Residence) (Class DG) visa.
Schedule 1—Place, manner and form for making Parent visa applications
Schedule 1 provides for the place, manner and form for making Parent visa applications under the instrument for the purposes of sections 6 to 11 of the instrument.
Schedule 2—Repeals
Item 1 of Schedule 1 repeals the Migration (IMMI 18/079: Arrangements for Parent Visa Applications) Instrument 2018 in its entirety.