Migration (Granting of Contributory Parent Visas, Parent Visas and Other Family Visas During Financial Year 2025-26) Instrument 2026

Administered by Department of Home Affairs

Legislation au F2026L00724 Not in force Legislative Instrument

Legislation content

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.

Overview

The Migration (Granting of Contributory Parent Visas, Parent Visas and Other Family Visas During Financial Year 2025-26) Instrument 2026 is a legislative instrument made under the Migration Act 1958 by the Minister for Home Affairs. This instrument aims to establish the maximum number of visas that can be granted for specified Contributory Parent, Parent, and Other Family visa classes during the 2025-2026 financial year. It addresses the need to manage and allocate a finite number of visa places for these categories, ensuring an orderly and equitable processing of applications, given the high demand relative to available places. The instrument specifies a total of 6,800 Contributory Parent visas, 1,700 Parent visas, and 500 Other Family visas, reflecting the Government's migration program levels for the financial year. The instrument exempts itself from disallowance under the Legislation Act 2003 and will self-repeal on 1 July 2026, aligning with the conclusion of the specified financial year.

Scope and Application

The Migration (Granting of Contributory Parent Visas, Parent Visas and Other Family Visas During Financial Year 2025-26) Instrument 2026 applies to the granting of specific classes of contributory parent, parent, and other family visas within the Australian migration framework. It sets the maximum number of visas that can be granted during the 2025-2026 financial year, aligning with the annual migration program announced by the Government. The instrument is made under the authority of the Migration Act 1958 and applies nationally across Australia. The specified visa classes include Contributory Parent visas (6,800), Parent visas (1,700), and Other Family visas (500), which encompass various subclasses designed for migrant, temporary, and residence purposes. This instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights as it is made under Part 2 of the Migration Act. The instrument comes into effect the day after its registration and will be repealed at the end of the 2025-2026 financial year.

Key Provisions

The Migration (Granting of Contributory Parent Visas, Parent Visas and Other Family Visas during Financial Year 2025-26) Instrument 2026 (the Instrument) establishes the maximum number of visas that can be granted for certain categories during the specified financial year. Specifically, section 5 of the Instrument stipulates that a maximum of 6,800 Contributory Parent visas can be issued, including subclasses such as the Contributory Parent (Migrant) visa (subclass 143), Contributory Aged Parent (Residence) visa (subclass 864), Contributory Parent (Temporary) visa (subclass 173), and Contributory Aged Parent (Temporary) visa (subclass 884). Section 6 sets the limit at 1,700 Parent visas, which include the Parent (Migrant) visa (subclass 103) and Aged Parent (Residence) visa (subclass 804). Finally, section 7 caps the number of Other Family visas at 500, encompassing subclasses like the Other Family (Migrant) visa (subclasses 114, 115, 116) and Other Family (Residence) visa (subclasses 835, 836, 838). This Instrument imposes specific obligations on the Department of Home Affairs to adhere to the prescribed visa caps for each category during the 2025-2026 financial year. These obligations ensure that the number of visas granted does not exceed the specified limits, thereby maintaining control over the migration program and preventing over-allocation. Additionally, the Department must facilitate the orderly and equitable processing of visa applications within these caps, given the high demand relative to the available number of visas. The Instrument does not explicitly outline specific offences or penalties for non-compliance with the visa caps. However, general provisions under the Migration Act may apply. Violations of the Migration Act, including exceeding the specified visa limits, could potentially lead to administrative penalties, including fines and the possibility of criminal charges for serious breaches. Penalties can vary depending on the nature and severity of the breach, with potential fines ranging from minor infringements to substantial penalties for more severe violations. The exact penalties would be determined based on the specific circumstances and relevant sections of the Migration Act. Overall, the Instrument serves to regulate the number of Contributory Parent, Parent, and Other Family visas that can be granted during the 2025-2026 financial year, ensuring a structured approach to managing the migration program within the established limits.

Legal classification tags

Area of Law
Immigration & Refugee Law
Instrument
Statutory Instrument
Concepts
Definitions & Interpretation
Repeal & Amendment
Licensing & Registration
Compliance Obligations
Offence Provisions

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.