Parish Patience Immigration Lawyers

NEW Subclass 870 Temporary Parent Visa

photodune-14776215-daughter-greeting-parents-at-threshold-xs.jpg

General Information
On 17th of April 2019 application will open for the new temporary Visa (subclass 870). This new category provides an opportunity for Parents to reunite with their children and grandchildren in Australia.

Unlike the other parent visas, the 870 does not require the Balance of Family Test.  The test determines the extent of the parent's links to their children or stepchildren in Australia and ensures only those with close ties to Australia are eligible for a Parent visa.

A parent meets the balance of family test if:

  • at least half their children and stepchildren are eligible children, or

  • There are more eligible children than children living in any other single country.

Process
When a sponsor has been approved, the visa applicant will then be able to lodge their visa application. Visa applications must be lodged within six months of sponsorship approval and cannot be lodged until a sponsor has been approved.

Benefit of the new Subclass
The visa allows parents to remain in Australia for a longer period of time, up to five years at a time without departing. It provides an alternative option to Visitor visas which only allow shorter periods of stay. Parents are still eligible to apply for Visitor visas and/or permanent Parent visas.

How long can you stay?
The visa allows parents to stay in Australia temporarily for a period of up to five years at a time. A parent must be outside Australia for at least 90 days before being eligible to apply for a further Sponsored Parent (Temporary) visa. A parent will be able to hold visas up to a total stay in Australia of 10 years, reflecting that the visa is a temporary visa and does not lead to permanent residence.

Parents who have held Sponsored Parent (Temporary) visas for the cumulative maximum 10 year period must either depart Australia or apply for another visa that will allow them to remain in Australia. They will not be eligible for grant of a further Sponsored Parent (Temporary) visa.

Are you Eligible for PR?
While the Sponsored Parent (Temporary) visa allows for a significantly longer stay period than a visitor visa, it is still only a temporary visa and does not allow for permanent residence in Australia like a permanent Parent visa.

Existing pathways
No existing visas are affected by the introduction of the Sponsored Parent (Temporary) visa. Standard Visitor visa arrangements remain unchanged. Parents will continue to be able to apply for a longer stay and longer validity Visitor visa. The new visa provides a pathway for existing Parent visa applicants to travel to Australia temporarily to spend time with their children and grandchildren while their permanent Parent visa application is being processed.

Your Sponsorship and Obligations
This information is only applicable to the sponsors of Sponsored Parent (Temporary) Visa.

Sponsor Eligibility

  • Only two parents per household can be sponsored for this visa at a time. 

  • The sponsor and parent relationship (a parent must be the biological, adoptive, or step-parent and a step-parent can only apply if they are still married/de facto relationship with a biological parent of the sponsor.)

  • The sponsor must be an Australian citizen, Australian permanent resident (usually a resident of four years), or eligible New Zealand citizen

  • be aged at least 18 years of age

  • have met any prior sponsorship obligations

  • have no adverse information unless it is reasonable to disregard the information

  • have no debts to the Commonwealth or public health debts unless appropriate arrangements have been made for payment

  • minimum household income threshold (based on the income of the sponsor, or the combined income of the sponsor and their spouse/partner and/or another child of the parent)

  • provide police clearances for any country they have spent more than 12 months cumulatively in during the past 10 years

  • Authorise information to be shared with the visa applicant.

 

 Sponsor obligations
  parent sponsors will be required to meet obligations including:

  • providing financial support and accommodation for their parent in Australia

  • Keeping records and providing them to the Department if asked. For example evidence of income. This obligation ends two years after the day the person ceases to be a sponsor

  • Advising the Department when certain events occur. For example if they are charged with a crime. This obligation ends the day after the person ceases to be a sponsor

  • Paying outstanding public health debts incurred by their parent in Australia. The obligation ceases if the relevant health authority advises the debt has been repaid, or acceptable repayment arrangements have been made. However, this obligation will continue if there are outstanding health debts, even after the parent who incurred them has departed Australia.

 

Visa Eligibility

Sponsored Parent (Temporary) visa applicants must:

  • be sponsored by a person who is an approved parent sponsor

  • be at least 18 years of age

  • be outside Australia (unless invited in writing to apply by the Department), for at least 90 days if the applicant holds or has previously held a Sponsored Parent (Temporary) visa

  • not have engaged in payment for visas conduct

  • provide evidence of access to funds

  • provide evidence of health insurance

  • not have an outstanding public health debt (unless appropriate arrangements have been made to repay the debt)

  • Satisfy health, character, and national security requirements.

 

Relevant Costs
The visa application fee is $5,000 for a visa of up to three years and $10,000 for a visa of up to five years. It has not been made clear is this amount is per applicant, or per couple. The fee is paid in two parts with the part one on application and part two prior grant of the 870 visa.

The sponsorship application fee is $420.

Processing time and number of places available

Processing times will be dependent on a number of factors, including the number of applications lodged and whether an applicant provides all required information with their application.Up to 15,000 Sponsored Parent (Temporary) visas may be granted each program year (from 1 July to 30 June).


TOP