A Long Visit To Australia For Your Parents

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Finally! A long visit for the parents. You can finally bring your parents for a longer visit to Australia and up to 10 years! They do not have to meet the Balance of Family test nor pay an exorbitant amount of money like other options. This blog will discuss the new parent visa introduced in 2019.

Can my parents come for a long visit?

The department has finally passed the legislation that allowed for a dedicated visitor parent visas to allow your parents to come for a long visit. This is the newly introduced Subclass 870- Sponsored Parent Temporary visa. This visa allows for 3- or 5-years visits (to be renewed once) for your non-Australian parents. This visa can be a better option than the normal visitor stream which only allow for up to 12 months visits per stay.

What is the Subclass 870 visa?

When will the visa be available?

This visa was first announced on 5 May 2017. Only on 17 April 2019 that the government announced that Australians can start sponsoring their parents with the actual visa stream opening from 1 July 2019.

Only offshore applications will be allowed, and it is currently unknown how long the Department will take to process these applications.  An allocation of only 15,000 visas will be allowed for the first program year.

There is no requirement to meet the ‘balance of family’ test, which makes it much more accessible than any current parent visa.  

Two applications process

Under this visa there are two applications that have to be lodged in this order:

 

Sponsorship application

 

A sponsorship application needs to be lodged first prior to the visa application for the parent. This is currently open for lodgement and it costs $420. Only two parents per each household can be sponsored at a time. For example: you can sponsor one or both of your parents, one or both of your parents-in-law, one of your parents and one of your parents-in-law.

To be eligible as a Parent Sponsor, you or your partner can be the sponsor and you must be:

  • at least 18 years of age;
  • an Australian citizen, or
  • an Australian permanent resident or eligible New Zealand citizen usually resident in Australia for at least 4 years, and
  • you have not been unlawful or held a bridging visa (other than a bridging visa A, B or C) during the last 4 years.

Other criteria include:

  • Have met any previous sponsorship obligations
  • Have no debt to the Australian government
  • Meet the character requirement
  • Pass the income test

What is the income test

As a sponsor, you must pass the income test in order to be allowed to sponsor your parents (or your partner’s overseas parents). Under the current rules, the government requires that you have a minimum taxable income of $83 454.80 (for the 2017-18 financial year).

You can also use your partner’s or another Australian child of the sponsored parents’ taxable income. The catch is, as the sponsor, you will still need a minimum of $41,727.40 as your own taxable income (50% of the original amount).   

 

  • Visa application

 

The visa application will be open from 1 July 2019. It requires the parents to be outside of Australia at the time of lodging the application. If your parents/parents-in-law have recently visited Australia, they must wait at least 90 days to be offshore before lodging this application.

  • a five-year visa which will cost $10,000
  • a three-year visa which will cost $5,000.

This visa can only be renewed once and allow for up to 10 years visit.

To be eligible to apply for this visa, your parents will need:

  • to be at least 18 years old
  • Have an approved sponsor who lodged a sponsorship application as above.
  • Have met any previous visa obligations
  • Meet the health and character requirement
  • Intend to stay in Australian temporarily
  • Have and maintain adequate arrangements for health insurance.
  • Have no debt to the Australian government.

Differences between this visa and other parent streams

This visa is different from the other parents streams mentioned in our previous blog published in 2018- Australian Parent Visa: Ultimate Guide 2018.

Temporary Parent Visa- Subclass 870 Other parent visas- Aged parent and contributory parent
Duration Temporary 3 to 5 years and up to 10 years Permanent visa
Where can the parents be Have to be offshore when the application is lodged Onshore applications may be allowed for parents over the pension age (over 66 from 1 July 2019)
Balance of Family Test- i.e. minimum 50% of the children to be Australians settled in Australia No requirement to meet the Balance of Family Test Need to meet the balance of family test to qualify for any parent visa
Income test Required- minimum of $83,454.80 in the last financial year Income test may be applicable and depends on how many people live in your house
Assurance of Support No assurance of support required Assurance of support required and can range between $2000 to $14,000 depending on who is being sponsored and who is the sponsor.
Cost $420 for the sponsorship

$5,000 to $10,000 for the visa

Range from $2,500 to $120,000

 

Useful tips

  • Your parent(s) may have access to other visa options depending on their circumstances and their long terms plans.
  • Seek legal advice before lodging a parent visa application. Make sure to contact specialists in this area. Our office has successfully represented many Australians and their parents in parent visa applications and we can guide you through the process.  
  • Your parents will have to meet the health requirement to be granted this visa.
  • You will have to disclose correct information to the Department otherwise the visa may be refused or cancelled later on.

 

About the author

This article was written by Marial Lewis, a Partner and a registered migration agent (MARN: 1575322) of Teleo Immigration Specialists. Marial is an admitted lawyer in Australia and holds a double degree in Commerce and Law as well as a Master degree in Legal Practice. She was a finalist in the prestigious award 30 under 30 by Lawyers weekly in 2019.

The other director of Teleo Immigration Specialists is Dr Etienne Hugo (MARN: 0004435) who is an accredited specialists immigration lawyers in New South Wales. Dr Hugo is a Fellow of the Migration Institute of Australia and regularly presents papers on Immigration Law. He has also taught at ANU in the graduate diploma for Immigration since 2006.

Teleo has successfully represented thousands of applicants over the past 13 years, including complex matters, visa cancellations and review applications.

If you wish to seek advice or apply for an Australian visa or an immigration litigation matter, please contact us on reception@teleo.com.au.

DISCLAIMER: Immigration law is complex and is subject to constant regulatory and policy change by the Department of Home Affairs.  The information provided here may therefore be out-dated and no longer accurate. The information provided above is a general guide only – it is not tailored for your specific circumstances or immigration purposes and you must under no circumstances rely on this information for immigration planning or the lodgement of an application with the Australian government or related bodies.  In order to ensure your eligibility is accurately assessed and to allow for tactical decision making that would best suit your desired immigration outcome, it is essential that you consult with a capable immigration advisor registered with the relevant Law Society and/or OMARA. We direct new client enquiries to schedule an initial consultation with our office – email: reception@teleo.com.au. During an initial consultation we have the opportunity to obtain a complete set of facts that will allow us to explore all the available options.  Another reason we engage clients within the context of an initial consultation is to protect our firm from potential professional liability which may flow from providing a brief, unconsidered opinion. As a paying client you/ us have the benefit of professional indemnity insurance. Liability limited by a scheme approved under the Professional Standards Legislation.

 

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