Australian Immigration Daily News

Overview of the Disallowable Legislative Instrument

The Migration Amendment (Temporary Sponsored Parent Visas) Regulations 2021 (the Disallowable Legislative Instrument) amends the Migration Regulations 1994 (the Migration Regulations).

The Subclass 870 (Sponsored Parent (Temporary)) visa enables parents sponsored by their adult Australian citizen, permanent resident or eligible New Zealand citizen children to travel to, enter and remain in Australia for up to three or five years at a time, and may be held for a maximum total cumulative period of up to 10 years. Subclass 870 visas commence at the time they are granted irrespective of where the applicant is located at that time.

The amendments made by this Disallowable Legislative Instrument automatically extend for 18 months, in addition to the period for which the visa was originally granted, Subclass 870 visas held by persons who are outside Australia on 1 July 2021 and have faced difficulties in using the visa to travel to Australia due to COVID-19 travel restrictions and the practical difficulties of travel at this time.

The amendments limit the adverse impact of COVID-19 related travel restrictions and practical difficulties on holders of Subclass 870 visas who may have been granted the visa while outside Australia and now may have difficulty in travelling to Australia, or who may have left Australia while holding the visa but may now have difficulty in returning. The amendments assist Subclass 870 visa holders who are outside Australia on 1 July 2021 by allowing them additional time to travel to and stay in Australia when travel resumes.

Source: Migration-Amendment-Temporary-Sponsored-Parent-visas-Regs-2021.pdf and Migration-Amendment-Temporary-Sponsored-Parent-visas-Regs-2021-Explanatory-Statement.pdf