EXPLANATORY STATEMENT
Issued by authority of the Minister for Home Affairs
Migration (Granting of Contributory Parent Visas, Parent Visas and Other Family Visas During Financial Year 2025-26) Instrument 2026
The instrument Migration (Granting of Contributory Parent Visas, Parent Visas and Other Family Visas During Financial Year 2025-26) Instrument 2026 (LIN 26/042) is made under paragraph 85(1)(b) of the Migration Act 1958 (the Migration Act).
Section 85 of the Migration Act provides that the Minister may, by legislative instrument, determine the maximum number of visas of a specified class or specified classes (excluding temporary protection visas or safe haven enterprise visas) that may be granted in a specified financial year.
Subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act) provides that where an Act confers a power to make a legislative instrument, the power should be construed as including a power exercisable in the same manner and subject to the same conditions, as the power to repeal, rescind, revoke, amend or vary such instrument.
The purpose of the instrument is to determine the maximum number of visas that may be granted for certain classes of visas during the 2025-2026 financial year between 1 July 2025 and 30 June 2026 (inclusive). The instrument specifies the following visa classes (with item numbers referring to items in Schedule 1 to the Migration Regulations 1994 (the Migration Regulations)):
- Contributory Parent classes of visa:
- Contributory Parent (Migrant) (Class CA) visa (item 1130);
- Contributory Aged Parent (Residence) (Class DG) visa (item 1130A);
- Contributory Parent (Temporary) (Class UT) visa (item 1221);
- Contributory Aged Parent (Temporary) (Class UU) visa (item 1221A);
- Parent classes of visa:
- Parent (Migrant) (Class AX) visa (item 1124);
- Aged Parent (Residence) (Class BP) visa (item 1124A);
- Other Family classes of visa:
- Other Family (Migrant) (Class BO) visa (item 1123A);
- Other Family (Residence) (Class BU) visa (item 1123B).
In accordance with subsection 85(2) of the Migration Act, none of the above-mentioned classes of visas are temporary protection visas or safe haven enterprise visas.
The Australian Government’s annual migration program allocates a limited number of visa places to Contributory Parent, Parent and Other Family classes of visas. On 2 September 2025, the Government announced the Permanent Migration Program numbers for the 2025-2026 financial year and maintained the same program levels for Family visas as the previous financial year. Capping of the visas through a legislative instrument is an annual process which has been in place for over 20 years. The instrument also facilitates the orderly and equitable processing of visa applications in these visa categories, given that demand significantly outweighs the supply of available places.
The instrument determines the maximum number of visas as follows:
- Contributory Parent visas: 6,800;
- Parent visas: 1,700;
- Other Family visas: 500.
The instrument is exempt from disallowance under section 42 of the Legislation Act 2003 (the Legislation Act). This is because the instrument is made under Part 2 of the Migration Act, which is prescribed in sub-item 20(a) of the table in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015. A Statement of Compatibility with Human Rights is therefore not required.
Consultation is undertaken through the Budget and the Migration Program planning process each year by the Department of Home Affairs (the Department) to determine the numbers for the migration program. This consultation included formal discussions with internal and external stakeholders, consideration of submissions from the public, economic forecasts, international research, demand for permanent visa programs, net overseas migration, and economic and fiscal modelling. Varied feedback from these consultations was taken into consideration by the Government when considering the Migration Program planning levels.
The instrument commences on the day after it is registered on the Federal Register of Legislation. The instrument will be repealed on 1 July 2026, at the conclusion of the 2025-2026 Financial Year.
Further details of the instrument are set out in Attachment A.
The Migration Act specifies no conditions that must be satisfied before the power to make this instrument may be exercised.
ATTACHMENT A
Details of the Migration (Granting of Contributory Parent Visas, Parent Visas and Other Family Visas during Financial Year 2025-26) Instrument 2026
Section 1 – Name
This section provides that the title of the instrument is the Migration (Granting of Contributory Parent Visas, Parent Visas and Other Family Visas during Financial Year 2025-26) Instrument 2026.
Section 2 – Commencement
This section provides the instrument will commence the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
This section provides that the instrument is made under paragraph 85(1)(b) of the Migration Act 1958.
Section 4 – Definitions
This section provides for the definitions for certain expressions used in the instrument.
This section provides that a Contributory Parent visa means a visa in the following classes:
- Contributory Parent (Migrant) (Class CA) visa;
- Contributory Aged Parent (Residence) (Class DG) visa;
- Contributory Parent (Temporary) (Class UT) visa;
- Contributory Aged Parent (Temporary) (Class UU) visa.
It also provides that in this instrument Other Family visa means a visa of the following classes:
- Other Family (Migrant) (Class BO) visa;
- Other Family (Residence) (Class BU) visa.
In addition, when used in this instrument, a Parent visa means a visa of the following classes:
- Parent (Migrant) (Class AX) visa;
- Aged Parent (Residence) (Class BP) visa.
Section 5 – Maximum number of visas – Contributory Parent visas
This section provides that a maximum of 6,800 Contributory Parent visas may be granted during the 2025-2026 financial year (between 1 July 2025 and 30 June 2026 (inclusive)).
The Contributory Parent visas consist of the following classes and subclasses of visa:
- the Contributory Parent (Migrant) (Class CA) visa consists of one visa subclass, the Subclass 143 (Contributory Parent) visa
- the Contributory Aged Parent (Residence) (Class DG) visa consists of one visa subclass, the Subclass 864 (Contributory Aged Parent) visa
- the Contributory Parent (Temporary) (Class UT) visa consists of one visa subclass, the Subclass 173 (Contributory Parent (Temporary)) visa
- the Contributory Aged Parent (Temporary) (Class UU) visa consists of one visa subclass, the Subclass 884 (Contributory Aged Parent (Temporary)) visa.
Section 6 – Maximum number of visas – Parent visas
This section provides that a maximum of 1,700 Parent visas may be granted during the 2025-2026 financial year (between 1 July 2025 and 30 June 2026 (inclusive)).
The Parent visas consist of the following classes and subclasses of visa:
- the Parent (Migrant) (Class AX) visa consists of one visa subclass, the Subclass 103 (Parent) visa
- the Aged Parent (Residence) (Class BP) visa consists of one visa subclass, the Subclass 804 (Aged Parent) visa.
Section 7 – Maximum number of visas – Other Family visas
This section provides that a maximum of 500 Other Family visas may be granted during the 2025-2026 financial year (between 1 July 2025 and 30 June 2026 (inclusive)).
The Other Family visas consist of the following classes and subclasses of visa:
- the Other Family (Migrant) (Class BO) visa consists of three visa subclasses. These visa subclasses are the Subclass 114 (Aged Dependent Relative) visa, Subclass 115 (Remaining Relative) visa, and Subclass 116 (Carer) visa
- the Other Family (Residence) (Class BU) visa consists of three visa subclasses. These visa subclasses are the Subclass 835 (Remaining Relative) visa, Subclass 836 (Carer) visa, and Subclass 838 (Aged Dependent Relative) visa.
Section 8 – Repeal
This section provides the instrument self-repeals on 1 July 2026. The instrument is only required to be in force for the 2025-2026 financial year (between 1 July 2025 and 30 June 2026 inclusive). The repeal provision therefore ensures that once the instrument is no longer required, it is appropriately repealed from the Commonwealth statute book.