Staying Lawful While Your Parent Visa 864 Is Decided in 2026

If you have lodged a Contributory Aged Parent visa (subclass 864) onshore, you generally do not have to leave Australia while the Department of Home Affairs decides it. According to the Department of Home Affairs' Contributory Aged Parent visa (subclass 864) page (as at July 2026), applying for this visa in Australia means you are likely to be granted a bridging visa, and that bridging visa starts if your current visa expires before a decision is made. The one rule that trips people up is simple and non-negotiable: do not cancel the visa you already hold.

Do I get a bridging visa while my subclass 864 is being processed?

Yes, in the ordinary onshore case. The subclass 864 page states that when you apply for this visa in Australia, the department is likely to grant you a bridging visa, and you can stay in Australia on that bridging visa while the new application is processed.

The wording matters: "likely". The department does not describe the bridging visa as automatic, and it does not describe it as a substitute for the visa you already hold. A bridging visa is what bridges the gap. It exists to cover the period after your existing visa ends and before a decision is made on the subclass 864 application.

When does the bridging visa actually start?

It starts when your current visa expires before the department makes its decision. That sequencing is the whole point of the arrangement. While your existing visa is still valid, you remain on that visa, with its conditions and its travel facility. The bridging visa sits behind it and switches on at expiry.

This is why the subclass 864 page repeats the same instruction in two places: make sure you stay lawful by holding a valid visa while the application is processed, and do not cancel your current visa.

Why is cancelling my current visa such a serious mistake?

Because it removes the very thing the bridging visa is designed to back up. The page sets out two consequences of cancelling your current visa: you may be staying in Australia unlawfully, and you may not be eligible for a bridging visa.

Both consequences hit at the same moment. Cancelling does not "start" the bridging visa early or simplify your paperwork. It can leave you with no visa at all, and a bridging visa is not guaranteed to fill that hole.

There is also a timing risk that is easy to underestimate. Parent visa applications are subject to capping and queueing, and the department processes them in the order received. The subclass 864 page refers applicants to the separate Parent visa queue release dates page for how long queues are running. A wait measured in years is a long time to spend without a clear, verifiable visa status behind you.

What does becoming unlawful actually put at risk?

The immediate risk is status: you are in Australia without a valid visa. That is the outcome the subclass 864 page warns about directly.

The knock-on risk is the application itself. Subclass 864 carries a requirement that you must be in Australia — but not in immigration clearance — when the department makes its decision. An applicant who has fallen out of lawful status has put themselves in a far weaker position to satisfy that requirement than one who simply let a bridging visa engage.

The department also makes a broader point on the same page: do not arrange to stay permanently in Australia until the visa is granted, because a grant is only confirmed in writing. This article is general information about how the published rules work, not personalised advice about your circumstances, and anything turning on your own visa history should be checked against the current official pages or with a registered migration agent or legal practitioner.

Can I travel outside Australia while the application is pending?

You can, but the conditions are strict, and they are the applicant's responsibility.

The subclass 864 page says you must tell the department if you want to travel outside Australia while the application is processed. The reason given is the decision rule: you must be in Australia, but not in immigration clearance, when the decision is made. The page adds that if you leave Australia, you must make sure you have a valid visa to return.

That last point is where travel plans most often unravel. A bridging visa is not described on the page as giving you a right to come back. Re-entry depends on holding a visa that actually permits it, which is a separate question from whether your subclass 864 is in the queue.

The page also points applicants to its visa expiry information for what to do as a visa approaches its end date.

Does the decision really have to be made while I am in Australia?

For the standard pathway, yes. The decision stage carries that requirement: you must be in Australia, but not in immigration clearance, when the Department makes its decision. The lodgement rule is different — the page says you can be in or outside Australia, but not in immigration clearance, when you submit your application, unless you are applying as a retiree.

The subclass 864 page notes one qualification for retiree applicants. A retiree applicant must be in Australia (but not in immigration clearance) when submitting the application, but can be in or outside Australia when the decision is made. If you are not applying as a retiree, the page says you can be in or outside Australia when you submit your application, but you must still be in Australia, and not in immigration clearance, when the decision is made.

If your application is refused, the department will tell you why and whether you have a right to seek review of the decision. The application fee is not refunded on refusal.

What else can put the application at risk while you wait?

Several obligations continue for the whole of the waiting period, and each one is easy to miss precisely because the wait is long:

The second instalment. You must pay it before the visa can be granted. The department sends an invoice when it is due, and if you do not pay it, the application will be refused.
Changes in your situation. You need to tell the department about changes to your phone number, email, address, passport, relationship status and family composition, including the birth of a child.
Mistakes in the application. The page directs applicants to Form 1023 Notification of incorrect answers if something was answered incorrectly.
Existing Parent visa applications. If you had applied for a different Parent visa and no decision had been made on it, you must withdraw it when you apply for the subclass 864.
The subclass 870 conflict. You cannot apply for subclass 864 if you have already applied for or hold a Sponsored Parent (Temporary) visa (subclass 870).

Underlying all of these is the accuracy obligation: the department warns that there are consequences for information that is not accurate or complete.

How do I check what visa I am actually on right now?

Use VEVO, the department's online visa entitlement verification facility, which the subclass 864 page links to for checking visa details and conditions. Checking before you act — before cancelling anything, before booking travel, before assuming a bridging visa is in force — is the cheapest protection available. Confirm what you hold, when it ends, and what it permits.

Frequently Asked Questions

Will I automatically get a bridging visa after lodging my subclass 864?

The official page says the department is "likely" to grant you a bridging visa if you apply in Australia, so it should not be treated as automatic. The bridging visa is intended to start if your current visa expires before a decision is made on the application.

What happens if I cancel my current visa while waiting?

You may end up staying in Australia unlawfully, and you may not be eligible for a bridging visa. That is why the guidance is explicit: do not cancel your current visa.

Can I go overseas and come back while my 864 is in the queue?

You must tell the department if you want to travel outside Australia while the application is processed, because you must be in Australia (not in immigration clearance) when the decision is made. If you leave, you need a valid visa to return.

Do I need to be in Australia when the decision is made?

Yes for most applicants — in Australia, but not in immigration clearance. Retiree applicants are the stated exception; they can be in or outside Australia when the decision is made.

Does a long wait change my obligation to hold a visa?

No. Parent visa applications are subject to capping and queueing and can take a long time, but the obligation to hold a valid visa runs for the whole processing period. A bridging visa covers the gap after your current visa expires; it is not a reason to let your status lapse.

What if I do not pay the second instalment?

The visa cannot be granted until the second instalment is paid. The department sends an invoice when it is due, and non-payment will result in the application being refused.