The introduction of the Subclass 870 Sponsored Parent (Temporary) visa on 17 April 2019 brought welcome news for migrants and permanent residents in Australia who would like their parents to be able to stay in Australia for an extended period of time. Under this temporary visa program, 15,000 places are available each year for eligible applicants to come to Australia and remain for up to three or five years at a time without needing to depart. This compares with the situation that existed before the subclass 870 visa was introduced, where visiting parents could usually only stay for three months at a time and no more than 12 months in Australia in any 18 month period on a Visitor visa.
Another benefit of the sponsored temporary parent visa is that a parent can reapply for the subclass 870 visa to allow them an additional stay period in Australia of up to a maximum cumulative 10 years on the subclass 870 visa.
This essentially means a 10 year parent visa Australia is possible under this visa subclass (this would require multiple applications, such as, for example, with an iniital 5 year parent visa, followed by a subsequent 5 year Australian visa for parents).
Note that changes have been enacted to extend the term of a subclass 870 visa by 18 months if the visa holder was outside Australia on 1 July 2021 and due to COVID-19 travel restrictions, had difficulty using the visa to travel to Australia or to return to Australia. The 18-month extension does not count towards the cumulative 10 year maximum stay period.
Interested? In this article, we explore some of the key features and requirements of the temporary sponsored 3 or 5 year Australian visa for parents. We also outline the visa application charges to apply for the subclass 870 visa, including the 10 year parent visa Australia cost if multiple applications are made, and links to further detailed information so you can learn more about the 3 or 5 year parent visa and the 10 year parent visa Australia.
What Are The Key Features And Requirements Of The 3 Or 5 Year Parent Visa And 10 Year Parent Visa Australia?
It Is Temporary
The subclass 870 parent visa is a temporary visa for parents of an adult Australian citizen, Australian permanent resident or eligible New Zealand citizen child who is seeking to stay in Australia for up to either 3 or 5 years, with a maximum 10-year cumulative stay in Australia permitted as a subclass 870 visa holder.
It is temporary, and so does not provide a right to remain in Australia permanently. It also does not provide a pathway to permanent residence in Australia. The main benefit of a subclass 870 visa is that it enables eligible applicants to visit and remain in Australia temporarily, expecially for those who have already applied for a permanent parent visa and are waiting for it to be processed (for which the wait times can be lengthy).
Have An Approved Sponsor Before A Subclass 870 Visa Application Can Be Made
Prospective applicants for a 3 or 5 year Australian visa for parents and 10 year parent visa cannot apply for the visa until the sponsorship application is approved.
The sponsorship application process must be repeated for a subsequent application for a temporary sponsored parent visa. This means that the Australian citizen or permanent resident child would need to reapply for sponsorship approval each time an application is made for the subclass 870 visa. The sponsorship application may be lodged onshore or outside Australia.
To be approved as a parent sponsor, the child must meet specified sponsorship requirements including an income test. The child is also subject to sponsorship obligations as a condition of the sponsorship.
We recommend that you refer to the following articles to learn more about the parent sponsorship requirements and obligations.
No Balance Of Family Test
A key feature of the subclass 870 visa is that it does not have a “balance of family test” criterion. This is a test that applies to all other parent visas whereby the parent must demonstrate that at least 50% of their children are Australian citizens or permanent residents and reside in Australia. For the subclass 870 Parent visa, no such test applies, which means that parents with just one child in Australia who is a permanent resident or citizen are eligible to be granted the visa.
No Assurance Of Support
Another key benefit of the 3 or 5 year Australian visa for parents and the 10 year parent visa Australia is that it is not subject to an assurance of support (sometimes called a sponsorship bond) criterion (this normally applies to the parent visa stream, with the exception of the subclass 173 and 884 visas referred to further below). An assurance of support is a legal agreement made with Services Australia, requiring the assurer to provide a reimbursement for any income support provided to the parent. It essentially assures the Government that the parent will not have to rely on government assistance after they enter Australia on the visa
Restricted From Applying For A Parent Visa In Certain Circumstances
If the parent has:
- made a valid parent visa application previously (including a subclass 870 visa application) and is awaiting a decision by the Department (and the application has not been withdrawn); or
- either currently holds a subclass 870 visa, or held this visa previously and it has ceased, and the parent has not departed Australia;
then the parent cannot make a valid application for another parent visa, that is, for one of the following visas:
- Subclass 103 Parent visa;
- Subclass 804 Aged Parent visa;
- Subclass 143 Contributory Parent visa;
- Subclass 864 Contributory Aged Parent visa;
- Subclass 173 Contributory Parent (Temporary) visa; or
- Subclass 884 Contributory Aged Parent (Temporary) visa.
The parent may, however, be able to apply for any other substantive visa whilst they are in Australia (subject to meeting specified requirements for that visa). A substantive visa is any visa excluding a bridging visa, criminal justice or enforcement visa.
Offshore Application, With Exceptions
The parent visa applicant must be outside Australia to apply for a Subclass 870 visa, unless the applicant has received Permission to Apply in Australia.
If Lodged In Australia
If the visa applicant is in Australia when the application is made, it must be lodged within 60 days from the day when the applicant was permitted by the Minister to apply for the Subclass 870 visa in Australia, and within 6 months of the sponsorship being approved.
Onshore applicants are also granted a Bridging Visa upon lodgement of the application.
If Lodged Outside Australia
Offshore applicants must apply for the visa within 6 months of sponsorship approval.
If the applicant is outside Australia at time of lodgement and they previously held a Subclass 870 visa and there are no exceptional circumstances, they must have been offshore for at least 90 consecutive days since they departed Australia
According to immigration policy, exceptional circumstances exist where an applicant has been permitted to apply for a Subclass 870 visa whilst in Australia, or there are other exceptional circumstances which justify visa grant earlier (e.g. if travel to Australia is for emergency medical treatment).
No Combined Applications
An applicant for a 3 or 5 year parent visa or a 10 year parent visa Australia cannot make a combined application with another person. Therefore only one applicant per application form is permitted and no dependents can be included.
The parent visa applicant must demonstrate evidence of access to sufficient funds to facilitate their stay in Australia, that is, to meet the costs and expenses of their intended stay in Australia.
Note that the Australian child/children must also pass an income test to be approved as a sponsor for the application.
The applicant must have made adequate arrangements for health insurance during the period of their intended stay in Australia for the visa to be granted.
Note that it is also a condition of visa grant that the subclass 870 visa holder must maintain health insurance.
The parent visa applicant must have complied substantially with the conditions of their last substantive visa/s as well as any subsequent bridging visa/s they held for the subclass 870 visa to be granted.
Genuine Temporary Stay In Australia
The parent visa applicant must genuinely intend to stay in Australia temporarily. Again, the subclass 870 visa is a temporary visa only; it does not provide a pathway to permanent residency in Australia.
Under immigration policy, the Department may consider the following factors to determine whether the applicant intends to stay in Australia temporarily:
- their personal circumstances;
- their immigration history;
- whether there are substantive inconsistencies in the information provided in the visa application which cannot be reconciled;
- they appear to have used other visas to maintain long term residence in Australia; and
- any other relevant matters (for example, their personal circumstances or how credible they are).
Policy makes it clear that given the long wait times for parent visas to be processed, a parent who has lodged a permanent parent visa application may apply for and be eligible to be granted a Subclass 870 visa to visit Australia whilst they await a decision on the permanent parent visa application.
No Work Rights
A subclass 870 visa holder must not undertake work in Australia without the permission in writing of the Minister.
What Is The 5 Year Parent Visa And 10 Year Parent Visa Australia Cost?
Visa Application Fee
The visa application lodgement fee for a subclass 870 parent visa is payable in two instalments:
- the first instalment (payable at the time the application is made) is $1,145; and
- the second instalment (payable before grant of the visa) is either:
- $4,590 for a subclass 870 visa that is granted for up to 3 years; or
- $10,325 for a subclass 870 visa that us granted for up to 5 years.
Therefore, the total visa application charges for a subclass 870 parent visa are as follows:
- $5,735 for a 3 year visa;
- $11,470 for a 5-year parent visa; and
- $22,940 is the 10-year parent visa Australia cost (note this is for two subclass 870 visa applications; an initial application for a 5-year parent visa, and then a subsequent application for a further 5-year stay in Australia, adding up to a 10-year parent visa Australia).
Other costs may also be incurred to, for example, undertake medical testing and/or to obtain police clearances (as applicable).
Sponsorship Application Fee
The cost to apply as a parent sponsor for a subclass 870 visa is $420, payable at time of lodgement of the sponsorship application.
If a subsequent sponsorship application is made for a second 5 year parent visa, for example (meaning a 10 year parent visa Australia in total), the aggregate 10 year parent visa Australia cost for the sponsorship is $840 (this is the cost of two sponsorship applications).
Get More Information
To learn more about the subclass 870 temporary sponsored 3 or 5 year parent visa and 10 year parent visa Australia, including the parent visa sponsor requirements and obligations, please refer to our articles below.
You can also use our Parent Visa Assessment tool to check whether you might qualify for a subclass 870 visa.
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Contact us to book a no-obligation consultation to find out more about the subclass 870 temporary sponsored 3 or 5 year Australian visa for parents and the 10 year parent visa Australia, including the 10 year parent visa Australia cost and how you can qualify.
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Australia’s migration laws are complex, and each case is different. We recommend that you seek professional advice if you are interested in applying for a parent visa, including a temporary sponsored 3 or 5 year parent visa or a 10 year parent visa Australia, and the costs involved, including the 10 year parent visa Australia cost, as being fully informed will give you the best chance of achieving a successful outcome on your case. A migration professional can help you to do this. Also be aware that several terms are defined in the migration provisions. It is vital to have a good understanding of these terms and how they apply in practice. Detailed advice about these is beyond the scope of this article and we would therefore recommend that you seek further information in this regard.
For up to date advice on applying for a parent visa, including a temporary sponsored 3 or 5 year Australian visa for parents or a 10 year parent visa Australia, including the 3 or 5 year parent visa and the 10 year parent visa Australia cost, contact PAX Migration Australia, a leading immigration service providing advice on a range of visas, including parent visas. Contact us for a no obligation discussion on how we may be able to assist you in achieving your migration goals in Australia.