Sponsorship applications for Subclass 870 visa opened on 17 April 2019 and the first round of sponsorships have been approved. Visa applications Subclass 870 visas will commence as scheduled on 1 July 2019.

In anticipation of the new programme due to commence within a matter of weeks, below is some vital information which Migration Agents as well as potential applicants may find useful.

The introduction of the temporary sponsored parent visa finally passed the Senate and as a result introduced Migration Amendment (Family Violence and other Measures) Bill 2016 (the Bill) through Parliament.  Applications to sponsor a parent for a Sponsored Parent (Temporary) visa are open from 17 April 2019. 

Applicants need to be mindful that a subclass 870 visa can only be lodged once a sponsorship application has been approved.  It is not possible to lodge an application sponsorship and visa concurrently. A sponsored parent will be able to apply for a Sponsored Parent (Temporary) visa. Applications for the visa will open from 1 July 2019.

The visa provides parents with a new pathway to temporarily reunite with their children and grandchildren in Australia, while ensuring that taxpayers are not required to cover additional costs. The visa responds to community concerns about the limited number of Parent places in the migration program and associated lengthy waiting periods.  To be eligible for the visa, a parent must be the biological, adoptive, or step-parent of the sponsor, who must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. 

Up to 15,000 Sponsored Parent (Temporary) visas may be granted each program year (from 1 July to 30 June).  This is a significant increase from an existing parent visa cap numbers.  The 15,000 cap has been set by the Government in recognition of the challenges of an ageing population, as well as the overall budget impact of older migrants.  The limit also reflects the Government’s priority of providing visas for children and partners of Australians, as well as the need to target young skilled migrants to maximise the economic benefits of migration.

To become an eligible sponsor a minimum taxable income of $83,454.80 will need to be demonstrated as part of the sponsorship approval process.  Sponsored parent will not be able to engage in paid work in Australia.

Once granted, subclass 870 visa will become subject to the following Visa Conditions:

8103 - No paid work: The visa holder cannot receive any salary in Australia unless they have received permission in writing from the Department.

8303 - Character: The holder must not become involved in disruptive or violent activities that endanger or threaten any individual. The holder must not become involved in activities disruptive to, or violence threatening harm to, the Australian community or a group within the Australian community.

8501 - Health cover: The visa holder must maintain adequate arrangements for health insurance during their stay in Australia.

8531 - Must leave before visa expiry: The holder must not remain in Australia after the end of the period of stay permitted by the visa.

8550 - Change of details: The visa holder must notify the Department of changes in personal or contact details a minimum of 2 days prior to change occurring.

8564 - Conduct condition: The visa holder must not engage in criminal conduct

A parent can hold either subclass 870 visa for cumulative period of 10 years.  It is not possible to re-apply for another sponsored visa whilst in Australia.  A parent will be required to depart and re-enter Australia after a period of 90 days spent off-shore.

Questions?  There are plenty and we intend to cover as many of these questions as possible during our Subclass 870 Webinar hosted by Legal Training Australia.  To book, visit:

https://legaltrainingaustralia.com/webinar-cpd/