Commencement of the five year subclass 870 Sponsored Parent Temporary visa

On 1 March 2019, Minister Coleman announced that applications to sponsor a parent for a Sponsored Parent (Temporary) visa will be open from 17 April 2019

• The Sponsored Parent (Temporary) subclass 870 visa provides parents and grandparents with a new pathway to reunite and spend time together through having the opportunity to visit Australia for a continuous period of up to five years.
• There is also the opportunity to apply for a second visa for another five years after a short period outside Australia, meaning parents and grandparents will be able to spend up to 10 years in Australia.
• Minister for Immigration, Citizenship and Multicultural Affairs David Coleman said the new visa the new visa will deliver great social benefits to families across Australia.
• “Up to 15,000 Sponsored Parent (Temporary) visas may be granted each year, ensuring reunions are possible for many families. This will make a big difference to many Australian families.”
• Measures have been put in place to strengthen the visa framework, and require Australian sponsors to act as a financial guarantor for any outstanding public health costs incurred by the visa holder whilst in Australia, including hospital and aged care fees. This ensures taxpayers are not required to cover additional costs.

Costs (Visa Application Charge)

The Visa Application Charge for the 870 parent visa will be:

• $5000 for a three-year visa,
• $10,000 for a five-year visa and
• $20,000 for a ten-year visa.

General Information 

• The sponsor (child) will be required to act as a financial guarantor for any outstanding public health costs incurred by the visa holder
• The visa application process will involve two stages
  • with sponsors and parent applicants being assessed separately, and
  • with approval of the child-sponsor required before a visa application can be made by the sponsor’s parents.
• Parents will be eligible for this new visa if:
  • their child is approved as a sponsor;
  • they meet identity, health requirement and character requirements, and
  • do not owe outstanding debts for public health services they have received in Australia.
• Applicants will be required to obtain and maintain health insurance for the entire period of their stay in Australia.
• Step-parents will be eligible only if they continue to be in a married or de factor relationship with a biological parent of the sponsoring child.
• The “Balance of Family Test”, which has previously applied to other kinds of parent visas, will not be a criterion of the new temporary parent visa.
• There will be no English language requirement for the grant of the visa.
• It will be possible to “renew” this visa. However, the maximum period of stay that will be allowed under this program will be a total of 10 years.
• Holders of the visa will not be able to engage in paid work. They will be allowed to assist with childcare and to undertake unpaid volunteer activities. They will also be allowed to undertake informal, short-term study.

Quick Overview of Australian Parent Visa Options

Australian Parent Visa Options for parents who wish to migrate to Australia to be with their children.

The application must be sponsored by one of their children and the child must be an Australian citizen or permanent resident who is settled in Australia.

Background and Information

There are 3 potential pathways  towards a parent visa

1. an “aged” parent visa (if you are over 66)
2. a contributory parent visa
3. a “standard” parent visa

All applicants for a parent visa must meet the balance of family test.

The balance of family test is designed to determine the extent of your links to Australia.

You meet the balance of family test if:

• at least half of your children live permanently in Australia, or
• more of your children live permanently in Australia than in any other country.

Applicants must satisfy the Medical and Health Requirements, as well as the Character Requirements

Compare

The aged parent visa vs. the contributory parent visa:

• Both are permanent residence visas when granted
• Processing time of +_ 18 to 26 months for the Contributory parent visa v. up to 18+ years for the aged parent visa
• Both can be lodged onshore (more on this below)

so both exactly the same on grant, however, the difference lies in the cost of the application and in the processing time 

• an aged parent visa – all in costs around $ 7000 (2 applicants) + the AoS
• the contributory parent visa – +_ $ 7000 (2 applicants) at application time, plus +- $ 90000 just before visa grant (+ the AoS)

The aged parent visa processing time = around 18 years v. the the contributory parent visa processing time of +_ 2 years

Important:

• you are NOT eligible for any medicare in Australia until you are granted a parent visa, so that is a consideration.
• UK citizens: Under the Reciprocal Health Care Agreement between the UK and Australia you DO have full cover for any care that Medicare covers – have a look here for details:

https://www.humanservices.gov.au/individuals/services/medicare/reciprocal-health-care-agreements/visitors-australia/medical-care-visitors-australia

An aged parent visa (if you are eligible for is) can save you +_ $ 90 000 (all in) – if you look at this saving, it should more than cover the cost of private medical insurance to top up your  Reciprocal Health Care – however you have to weigh that up to the fact that you would not be permanent residents for up to 18 years (and the other benefits they would have in that time compared to the contributory parent visa)

This really is a cash flow exercise.

If you can afford to pay the contributory parent visa costs, then that is a better option and offers far greater security

How the application is made:

1. whether you apply for the aged or contributory parent visa, we can apply for you while you are IN Australia
2. this means you can stay IN Australia during processing of your visa application

The onshore visa application process:

1. you have to be in Australia on a visa with no 8503 condition on it
2. we then lodge the application, and the moment we do, you will be granted a BVA (bridging visa A). The BVA allows you to remain in Australia while the parent visa is being processed
   • While on a BVA they would not be eligible for e.g. Medicare and would have to have their own private medical insurance
3. if you need to travel while on a BVA, you can apply for a BVB which allows travel

So, the BVA allows you to take up residence, but while on a BVA you have temp residence status, so no social security benefits etc

Terminology

• PR
  • Permanent residence i.e. the right to remain in Australia indefinitely.
• VAC
  • Visa Application Charge payable to the Dept of Immigration
• Settled
  • To be deemed ‘settled’ an Australian permanent resident must have been residing in Australia for at least 2 years prior to lodgement of the Parent visa application. An Australian citizen must have been residing in Australia for at least 3 months prior to lodgement.
• BOF
  • Balance of family
    • At least half of their children living in Australia as permanent residents or Australian Citizens; or
    • More children living in Australia as permanent residents or Australian Citizens than in any other single country overseas
    • All children of the applicants are counted in the test, including children of previous relationships of either applicant.
• Age
  • Parents can be of any age.
  • Aged Parent visa applicants in Australia (onshore) can apply only if one parent is at least 66 years of age. If neither parent is old enough, the application must be lodged offshore.
• AoS / Assurance of Support
  • A person or organisation must also give you an assurance of support. They can be your sponsor or another person. Up to three people can agree to give you a joint assurance of support.
  • An assurance of support is a legal commitment to give you financial support so that you do not have to rely on social security payments. The assurance covers you and any family members included in your application.
  • An assurer must:
    • give you financial assistance for ten years
    • repay any recoverable social security payments you receive in the first ten years of living in Australia
    • lodge a bond for each applicant aged 18 years or older:

NEXT STEPS

Register with us, and a consultant can then provide you with detailed advice and information specific to your circumstances