The 870 Parent Visa Trap

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The 870 Parent Visa Trap

According to the Immigration department the Temporary Parent 870 visas are off to a flying start.

What they did not mention was the little known fact that the department is actually one hand granting these temporary visas while quietly denying holders of these visas the right to apply for the permanent residency parent program.

According to the regulations once the 870 visa is granted visa holders will be denied access to other Parent visa applications. They are the Parent 103, Contributory Parent 143, Contributory Parent {Temporary} 173, Aged Parent 804, Contributory Aged Parent 864 and Contributory Aged Parent {Temporary} 884 visas.

It will not be until the 870 has expired and your parents have left Australia that they will be able to apply for those PR visa.

All of these PR parent visas have the same wording in the legislation restricting an 870 visa holder from applying for any of the above parent applications;

The applicant:

(i)  does not hold a Subclass 870 (Sponsored Parent (Temporary)) visa; and

(ii)  if the applicant held such a visa—has left Australia since that visa ceased to be in effect.

This restriction slipped in unannounced by the immigration department in July 2019. You will not find this mentioned on their web site. It makes all their marketing spin released above seem a little sickening. There is no logic to such a move to restrict a temporary resident parent visa holder to apply for the permanent residency parent visas. It really demonstrates that really do not want you here as permanent residents and to be happy with your families.

Karl Konrad