The Sponsored Parent (Temporary) Visa (Subclass 870) allows parents of Australian citizens to spend extended periods with their family members in Australia. This article covers the essentials of the Subclass 870 visa, including eligibility criteria, application processes, visa conditions, and practical tips for a successful application.
Understanding the Sponsored Parent (Temporary) Visa (Subclass 870)
The Sponsored Parent Visa (Subclass 870) is a visa that allows parents of an Australian permanent resident and eligible New Zealand citizens to reside in Australia for up to 3 or 5 years.
Purpose and Benefits
This temporary parent visa supports family reunification by allowing parents of Australian citizens, permanent residents, and eligible New Zealand citizens to live temporarily with their families in Australia. Additionally, it allows multiple entries during its validity, enabling parents to travel back to their home country and return without needing a new visa.
Key Differences from Other Parent Visas
Unlike other parent visas, the Subclass 870 visa does not lead to permanent residency. In contrast, visas such as the Parent Visa (Subclass 103/804) and the Contributory Parent Visa (Subclass 143/864) offer pathways to permanent residency.
A parent holding a Subclass 870 visa or applying for one is not eligible to apply for most other parent visas, including the Contributory Parent Visa.
However, parents who have applied for permanent parent visas may still apply for a Subclass 870 visa to visit Australia temporarily while awaiting their permanent visa. Also, the Subclass 870 visa does not require the Balance-of-Family test, making it a more accessible option for parents who would not meet the requirements under other parent visas.
Eligibility Requirements for the Sponsored Parent Visa
To apply for the Sponsored Parent (Temporary) Visa, both the applicant (parent) and the sponsor (child) must meet specific eligibility criteria. These criteria ensure both the parent and the sponsor can meet the application and sponsorship obligations associated with the visa.
Sponsor Requirements
Sponsors must meet the following criteria:
- Sponsors must have a taxable income of at least $83,454.80, which can be the combined income of partners;
- Sponsor/parent relationship requirements (i.e., a parent must be the biological, adoptive, or step-parent of the sponsor, and a step-parent can only apply if they are still in a married/de facto relationship with a biological parent of the sponsor);
- Be at least 18 years of age;
- Be an Australian citizen/permanent resident or eligible New Zealand citizen who has been living in Australia for four years;
- Have met any prior sponsorship obligations;
- Have no adverse information unless it is reasonable to disregard the information;
- Have no debts to the Commonwealth or public health debts unless appropriate arrangements have been made for payment;
- A minimum household income threshold (based on the income of the sponsor or the combined income of the sponsor and their spouse/partner and/or another child of the parent);
- Provide police clearances for any country where they have spent more than 12 months cumulatively over the past ten years.
Applicant (Parent) Requirements
Applicants must have the following:
- Be sponsored by a person who is an approved parent sponsor;
- Be at least 18 years of age;
- Be outside Australia (unless invited in writing to apply by the Department) for at least 90 days if the applicant holds or has previously held a Sponsored Parent visa;
- Not have engaged in payment for visa conduct;
- Provide evidence of access to funds;
- Provide proof of health insurance;
- Not have any outstanding public health debts incurred (unless appropriate arrangements have been made to repay the debt);
- Satisfy health, character, and national security requirements.
Assurance of Support
The Assurance of Support (AoS) is a legal commitment ensuring the sponsored parent will not rely on public funds during their stay in Australia. While this visa does not require an AoS, the sponsor has significant financial obligations to fulfill, affecting the visa’s approval and the parent’s stay in Australia.
The sponsor must provide the parent with financial support throughout their stay. This includes covering living expenses and ensuring the parent does not become reliant on Australian social security payments.
Although the AoS is not mandatory for this visa, sponsors are still responsible for any outstanding public health debt incurred by the parents during their stay. If the sponsored parent incurs any public health debts in Australia, the sponsor is legally obligated to pay these debts.
This obligation can extend even after the parent has left Australia, and failure to meet these financial responsibilities can result in the cancellation of the sponsorship. Such a cancellation could affect the visa status of the parent and bar the sponsor from future sponsorships.
Visa Conditions and Duration
This visa has specific conditions and restrictions that must be adhered to, ensuring its purpose remains focused on family reunification.
Maximum Stay
The visa provides two options for the duration of stay: three years or five years. Applicants can choose the duration that best suits their needs, with the possibility of renewing the visa to reach a cumulative maximum stay of 10 years in Australia.
After these ten years, the visa holder must either depart Australia or apply for another type of visa, as they are no longer eligible for this visa.
No Work Rights
Visa holders are strictly prohibited from engaging in any form of paid employment while in Australia. This condition ensures the visa is used solely for family visitation and support rather than seeking employment. While informal assistance within the family is allowed, any paid work violates the visa’s conditions.
Travel Restrictions
The Subclass 870 visa allows multiple entries into and out of Australia during its validity period. This flexibility means parents can travel back to their home country and return to Australia as needed.
Health Insurance
Visa holders must maintain adequate coverage for the entire duration of their stay in Australia. This insurance must be from an Australian provider unless a reciprocal healthcare agreement applies to the visa holder’s country of origin.
Applying for the Sponsored Parent Visa
The Sponsored Parent (Temporary) Visa application process involves several important steps, beginning with securing sponsorship approval and then the application itself. Applicants and sponsors must diligently prepare and submit all required documents, understand the fees involved, and adhere to the visa conditions to ensure a successful outcome.
Visa Application Process
The Australian child (sponsor) must first apply for approval as a sponsor through the Department of Home Affairs.
Once the sponsorship is approved, a unique Sponsorship Reference Number (SRN) is issued, which the parent will need when submitting their application. Next, the application can be submitted online using the ImmiAccount platform. If applying onshore, the parent must have received special permission to do so.
Required Documents
Essential documents required for the application include:
For the Parent (Applicant):
- Valid passport and passport-sized photos
- Birth certificate
- Marriage certificate (if applicable)
- Evidence of relationship to the sponsor (e.g., birth certificates, adoption papers)
- Health insurance details
- Police clearances
For the Sponsor:
- Proof of Australian citizenship, permanent residency, or eligible New Zealand citizenship
- Recent tax assessment notices to prove income
- Marriage certificate (if sponsoring in-laws)
- Police clearances
Visa Application Fees
When applying for the Sponsored Parent (Temporary) Visa (Subclass 870), several fees are involved at different stages of the application process:
- IMMI Sponsorship Fee: The sponsorship application fee is AUD 420. This fee is required when the Australian child (sponsor) submits their application to be approved as a sponsor. It is non-refundable and necessary for the application process to proceed.
- IMMI Lodgment Fees: The application fee is split into two installments:
- First Instalment: AUD 1,180, payable when the application is lodged.
- Second Instalment: The amount depends on the length of the visa:
- For a 3-year visa: AUD 5,895, payable before the visa is granted.
- For a 5-year visa: AUD 11,785, payable before the visa is granted.
- Health Assessment: A health assessment is required as part of the application. Depending on the tests needed and the medical provider conducting the examination, the cost typically ranges from AUD 350 to AUD 400.
- Police Clearances: Applicants must obtain police clearance certificates from each country they have lived in for 12 months or more over the last ten years. The cost of obtaining these clearances varies by country.
- Professional Immigration Agency Fees: If you use a migration agent or immigration lawyer to assist with the application, fees generally range from AUD 3,000 to AUD 4,000. These fees typically cover the entire process, from initial consultation to visa lodgment, and are usually paid in two stages: an initial deposit and a balance on visa lodgment.
Processing Times
The processing time for this visa typically ranges from four to six months. However, several factors can influence these processing times.
Ensuring all required documents, such as health assessments and police clearances, are submitted at the time of application can help avoid unnecessary delays. Applications that involve health or character issues or require additional information or clarification may take longer to process.
Renewing the Sponsored Parent Visa
This visa can be renewed, allowing parents to stay in Australia for up to 10 years. After reaching the 10-year maximum stay, the visa holder must either leave Australia or apply for a different visa.
The renewal process involves submitting a new visa application after the initial three or five-year period has expired. To be eligible for renewal, the parent must have spent at least 90 consecutive days outside Australia before reapplying for another Subclass 870 visa.
Common Reasons for Sponsored Parent Visa Refusals
Understanding the common reasons for visa refusals is helpful when applying. This information can help applicants and sponsors avoid common pitfalls and increase the chances of a successful application.
Failure to Meet Eligibility Criteria
One of the most straightforward reasons for visa refusal is the failure to meet the basic eligibility criteria. The Subclass 870 visa has specific requirements for the sponsor and the applicant. The visa application will likely be refused if these or other eligibility criteria are not met.
Additionally, while the Subclass 870 visa does not require a Balance-of-Family Test or any other family test requirement, all other conditions must be strictly followed.
Insufficient Evidence
The visa application process requires comprehensive documentation, including proof of the relationship between the sponsor and the applicant, financial capacity, and health and character checks. The Department of Home Affairs may refuse the application if the evidence is inadequate or inconsistent.
Health or Character Concerns
The applicant must pass health examinations and provide police clearances for any country where they have lived for more than 12 months in the last ten years. The application may be refused if the applicant has any health issues that could be deemed a public health risk or has a criminal record.
Tips for a Successful Sponsored Parent (Temporary) Visa Application
Successfully applying for the Sponsored Parent (Temporary) Visa (Subclass 870) requires careful preparation and attention to detail. Here are some key tips to improve your chances of success:
Start Early
It’s important to begin the visa application process well in advance. Given that processing times can vary – often taking several months – it’s advisable to start early to avoid any last-minute issues that could delay your application. Early preparation also allows time to address potential problems, such as gathering missing documentation or meeting specific criteria.
Gather Comprehensive Evidence
Providing thorough and convincing evidence is key to submitting a successful visa application. Incomplete or inconsistent evidence is a common reason for visa refusals. Therefore, meticulously compile all necessary documents and ensure they support your claims.
A comprehensive and well-organized application package can significantly increase the likelihood of a positive outcome.
Seek Professional Advice
Consulting a migration agent or immigration lawyer can be especially beneficial, particularly for complex cases or if you have faced a previous refusal. Professional advice can help you navigate the complexities of the visa application process, ensuring all requirements are met and your application is as strong as possible.