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Australian Immigration Law Update: Temporary Sponsored Parent subclass 870 Visa

by | Feb 15, 2021 | Migration

The Subclass 870 visa is a temporary visa which allows a parent of an Australian citizen, Australian permanent resident or eligible New Zealand citizen visit Australia for up to three (3) or five (5) years.

It provides parents and grandparents with a new pathway to reunite and spend time together through having the opportunity to visit Australia for a continuous period of up to five years.

Places available for Sponsored Parent Visa

Up to 15,000 Sponsored Parent (Temporary) visas may be granted each year, ensuring reunions are possible for many families. This will make a big difference to many Australian families.

Process

The 870 Visa is a two-step process:

  • Apply and have approved Parent Sponsor before you can lodge an application for the visa
  • Lodge your visa application within six (6) months of the sponsorship approval
 Eligibility for 870 visa subclass

To be eligible for the visa, a parent must be:

  • the biological, adoptive, or step-parent or parent-in-law of the parent sponsor,
  • who must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen

There is no balance of family test or Assurance of Support requirements for this visa.

Subclass 870 visa Requirements

Sponsors must meet the following criteria:

  • sponsors will need to have a taxable income of at least $83,454.80
  • the sponsor/parent relationship requirements (ie: a parent must be the biological, adoptive, or step-parent of the sponsor and a step-parent can only apply if they are still in a married/de facto relationship with a biological parent of the sponsor)
  • be aged at least 18 years of age
  • be an Australian citizen/permanent resident or eligible New Zealand citizen who has been usually resident in Australia for four years
  • 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
  • a 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.

Sponsors must also agree to comply with sponsorship obligations in relation to the parent(s) they are sponsoring.

Sponsored Parent (Temporary) visa applicants must:

  • be sponsored by a person who is an approved parent sponsor
  • be at least 18 years of age
  • 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
 Sponsorship validity

A parent sponsorship will cease:

  • if the sponsor’s permanent visa is cancelled
  • if the sponsor dies
  • if the sponsor withdraws their sponsorship
  • if the sponsored parent does not apply for a Sponsored Parent (Temporary) visa within six months of the sponsorship being approved
  • the day that the Sponsored Parent (Temporary) visa ceases.

However, some sponsor obligations will continue after the sponsorship ceases, including the obligation to pay any outstanding health debts incurred by the visa holder in Australia, even after their visa has ceased.

Processing times

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.

How much does it cost the temporary 870 subclass visa?

The new parent visa will cost migrants $5000 for a three-year visa, $10,000 for a five-year visa.

Along with visa fees, children will have to bear the financial burden of healthcare for migrant parents, with sponsors legally required to act as a financial guarantor for any outstanding public health costs incurred by the visa holder.

The sponsorship application fee is currently $420.

How is the temporary parent visa different to other parent visas?

Unlike permanent Parent visas, there is no Balance of Family Test requirement for this visa, meaning a visa applicant is not required to have more than half of their children residing in Australia.

You can apply for further visas to stay up to a maximum of ten (10) years on this visa.

There is no work rights on this visa.

Does the Temporary Parent Visa lead to PR?

This visa does not lead to permanent residency.

Need Australian immigration law & visa assistance? 

Contact us today so we can help guide you

Nevett Ford Lawyers Melbourne

Telephone: +61 3 9614 7111

Email: melbourne@nevettford.com.au

Visit our website: www.nevettford.com.au