The much-awaited Sponsored Parent visa allows parents of Australians to reunite and spend a longer period of time of 5 years (up to a cumulative maximum of 10 years) with their children and grandchildren in Australia.
Eligibility requirements – Who can be a sponsor?
A sponsor must be the biological, adoptive, or step-child of the parent, and must also be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
Additionally, the sponsoring child must:
- be at least 18 years of age;
- have lived in Australia for at least 4 years;
- satisfy the character requirements;
- accept legal liability for any debt owing for care in the public health system that the parent may incur during their stay in Australia; and
- meet the minimum income threshold.
Meeting the minimum income threshold
The visa requires that the sponsor’s most recently completed taxable income year prior to the date of lodgement of an application for approval as a family sponsor to be of at least $83,454.80.
Is there an option for a combined tax income?
If a sponsor’s taxable income is combined with other taxable incomes such as the taxable income of the sponsor’s spouse or de facto partner; or another child of the parent, and that combined amount is at least equal to the amount specified as $83,454.80, the taxable income test is met.
How did the Department come up with a figure of $83,454.80 ?
This figure is based on the most recent data from the Australian Bureau of Statistics’ Average Weekly Earnings survey, where the amount is calculated from the Full-time Adult Average Weekly Ordinary Time Earnings for November 2019, which was $1,604.90.
When can you start applying for this visa?
The visa application will open from 1 July 2019, however the applications for Sponsor has already been made available since 17 April 2019.
Subclass 870: Application Process
The new visa contains two stages:
- Sponsorship Application
- Visa Application
Once a sponsorship application is successful, a sponsored parent will be able to apply for the 870 visa.
Note: Visa applications must be lodged within six (6) months of sponsorship approval.
How much does the visa cost?
The sponsorship application fee is $420.00.
The visa application charge is:
- $5,000 for a visa of up to three years’ duration; or
- $10,000 for a visa of up to five years’ duration.
The visa application charge is payable in two instalments, with one payment at time of application and the remainder paid prior to visa grant.
How long can parents stay?
The 870 visa is a temporary visa which allows parents to live temporarily in Australia for either three (3) years or five (5) years without needing to depart in Australia.
However, a parent will be able to stay in Australia for a total of 10 years be reapplying, reflecting that the visa is a temporary visa and does not lead to permanent residency. Parents who have held Sponsored Parent (Temporary) visas for the cumulative maximum 10 year period must either depart Australia or apply for another visa that will allow them to remain in Australia. They will not be eligible for grant of a further Sponsored Parent (Temporary) visa.
Is there a balance of family test?
Unlike other parent visas, the 870 visa does not require the parent to meet the ‘Balance of Family’ rule.
Will there be any conditions attached to the visa?
The visa holders (parents) will generally be subject to a ‘no work’ condition. They must also show that they have sufficient funds to support themselves for the duration of the stay period.
Is the 870 visa capped?
Yes, the 870 visa is capped, so once a fixed number of 870 visas are granted, there will be no further 870 visas that will be granted until the following visa year (commencing in July).
The cap is currently set at 15,000 Sponsored Parent visas each program year.
What if you already have two sponsored parents?
If this is the case, you will need to withdraw your sponsorship for one parent and that parent must either leave Australia or apply for and be granted a different visa before an application for sponsorship variation can be lodged.
Sponsors who wish to sponsor two new parents must lodge a new sponsorship application.
Can health be an issue?
The parents will be required to satisfy the health criteria, for which they must not have a medical condition that is likely to threaten public health, result in significant healthcare and community service costs or limit the access of Australian citizens or permanent residents to healthcare services that are in short supply.
Getting Assistance
If you have any questions or would like us to assist you with the New Sponsored Parent Visa, contact us without delay. Parent visas can be quite complex, implications can arise especially if the parent has any significant health and medical issues.
At Migration Centre of Australia, we are well-trained to handle highly complex matters. Book one of our agents for professional advice by calling 02 4626 1002 or email us to book in a time at info@migrationcentreofaustralia.com.au. We also speak fluent Hindi, Nepalese, Punjabi, Turkish, Tamil, Portuguese and Marathi. If one of these isn’t your language, we can also help you arrange an interpreter.
