April 8, 2019

Family

The laws regarding the new 3-5 year 870 Sponsored Temporary Parents visa have been released today. The new information has been inserted with the previous details released.

In Summary here are the main points of interest;

  • It costs $5000 for a three year visa and $10000 for a 5 year visa. That is for each Parent!
  • Prior sponsorship approval must be granted for those who are going to sponsor their parents.
  • No Balance Of Family Test will apply (as it does for the PR Parents visas).
  • It will have “No Work” condition on the visa
  • Multiple Entry Visa. Visa applications will open from the 1st July 2019.
  • Parent can only have a maximum 10 year stay under this visa.
  • There is an assessment of the sponsors financial capacity to be an approved sponsor. It cost $420 to apply to be a sponsor.
  • Applications for sponsorship approval open on the 17th April 2019. When approval is given the visa application must be lodged within 6 months.
  • Only Australian Citizens, Permanent Residents or Eligible New Zealand Citizens can sponsor.
  • Visa applicants parents must be the biological, adoptive, or step-parent of the sponsor.
  • Visa holders will have no access to Medicare so private health insurance must be arranged.
  • Only 15,000 visas can be granted each financial year.

The visa has been designed to provide parents with a new pathway to temporarily reunite with their children and grandchildren in Australia. The government is trying to ensure no extra costs are burdened the community by imposing a high application fee. There has been concern regarding the long waiting period for the grant of the permanent residency visa so this temporary residency visa will assist in filling the gap.

Sponsorship

  • The sponsors must be over 18. 
  • If the sponsor is an Permanent Resident or Eligible NZ Citizen then the following must apply;
    1. (i)  the applicant is an Australian permanent resident or an eligible New Zealand citizen;
    2. (ii)  the applicant has been usually resident in Australia for at least the 4 years immediately before the day the application is made, and
    3. at no time during those 4 years has the applicant been an unlawful non-citizen or the holder of a bridging visa (other than a Bridging A (Class WA), Bridging B (Class WB) or Bridging C (Class WC) visa);
  • If the Sponsor is an Australian Citizen then the usually resident provision of 4 years does not apply
  • Sponsor must meet a minimum income threshold of $83,454.80. You can add the income of the sponsors spouse or another child of the parent. If an applicant’s taxable income is combined with other taxable incomes such as the taxable income of the applicant’s spouse or de facto partner; or one child of a permitted sponsor that meets the requirements. As long as the combined incomes meet the minimum then that is acceptable
  • Must meet good character requirements by providing a police certificate which covers the last 10 years
  • Once sponsorship approval is given the visa applicants must lodge within 6 months
  • It costs $420 to lodge for approval
  • Applications will open from the 17th April (so be quick)
  • Sponsor can only sponsor 2 Parents at a time (well that will suit most people anyway)

The Visa Applicant

  • Sponsorship permission must be in place
  • Parent is at least 18 (pretty obvious)
  • Must lodge the application within6 months of the sponsorship approval
  • The applicant (Parent) is outside Australia at the time of Application. It maybe made in Australia but only with the Ministers permission. Permission may be given to apply while in Australia in exceptional circumstances, such as an accident or serious illness which means the person cannot travel offshore.
  • If the Parent is applying for their second 870 visa then they have had to be outside of Australia for 90 days
  • Parent has access to fund (will not have to be all their own most likely)
  • provide evidence of health insurance (so as not to burden the community)
  • not have an outstanding public health debt (unless appropriate arrangements have been made to repay the debt)
  • satisfy health, character, and national security requirements (however the medical test will not be as strict as the PR application requirements)
  • No Balance Of Family requirement like the PR version. This will be a big plus for people who have many brothers and sisters outside Australia
  • 10 years is the maximum time someone can hold the 870 visa for
  • Whilst holding the 870 visa, parents will not be able to apply for any of the other permanent residency parent visa applications.

Visa Costs

  • $5,000 for the 3 Year visa
  • $10,000 for the 5 year visa
  • This cost will be split in two, one at the time of application ($1000) and the balance at the time the visa is ready to be granted. So $4000 for the 3 year visa and $9000 for the 10 year visa.
  • The department justifies this fee by saving parents spending on air fares to Australia and home if they hold the visitor visa which only allows 12 months stay in a 18 month period. So why give it to the airlines when you can give it to the government? Not a great justification they have come up with.

There are no work rights with this visa and the processing times in the beginning will be fast but like most of their visa classes, it soon gets worse.

Places are limited to 15,000 in the first program year so you had better get in quick. Sponsorship applications open on the 17th of April and you need these approved before the visa application can be lodged. Of course we are happy to assist the international community as we have the last 20 years in lodging this visa and sponsorship applications on your behalf.  Call +61 2 8054 2537, 0434 890 199 or book online today to speak to our migration specialists.

Jee Eun Han