Have you applied for a permanent Subclass 143 Contributory Parent visa and are wondering if you may be eligible for another parent visa that would allow you to travel to Australia temporarily in the meantime whilst you await a decision on the Subclass 143 visa?
Subclass 143 visa processing times mean that it can take years for a decision to be made on your application. Indeed, current guidance from the Department of Home Affairs (the Department) states that contributory parent visas can, on average, take anywhere between 6 and 12 years to process.
In contrast, Subclass 870 visa processing times are currently averaging 70 days for a sponsorship application, and 8 months for the visa application.
If you have applied for a subclass 143 visa, you can apply for a Subclass 870 Sponsored Parent (Temporary) visa, subject to meeting eligibility requirements.
In this article, we take a look at the Subclass 870 Sponsored Parent (Temporary) visa as a temporary option that you may like to consider applying for to allow you to travel to Australia whilst you await a decision on your subclass 143 permanent parent visa application (given the long subclass 143 visa processing time compared with the subclass 870 visa processing time). We outline the main features of the subclass 870 visa, as well as the key subclass 870 visa sponsor requirements and subclass 870 visa cost.
What Is A Subclass 870 Sponsored Parent (Temporary) Visa?
First up, what is the Subclass 870 Sponsored Parent (Temporary) visa and how can you apply for one?
The Subclass 870 visa is a temporary visa for parents of an adult Australian citizen, Australian permanent resident or eligible New Zealand citizen child seeking to stay in Australia for a period of up to three or five years, up to a maximum cumulative stay period of 10 years in Australia.
You Need An Approved Sponsor To Apply For A Subclass 870 Visa
To be eligible for a subclass 870 visa, you must have an approved parent sponsor before you apply.
What Are The Subclass 870 Visa Sponsor Requirements?
To be approved as a parent sponsor, your proposed sponsor must meet specified subclass 870 visa sponsor requirements, including an income test. Your proposed sponsor is also subject to sponsorship obligations as a condition of the sponsorship.
Your proposed sponsor must be at least 18 years of age and they must be your child (or your child’s spouse or de facto partner).
Your proposed sponsor must also be:
- an Australian citizen; or
- an Australian permanent resident or eligible New Zealand citizen who has been usually resident in Australia for at least four years and not have been unlawful or held a bridging visa (other than a Bridging Visa A, B or C) during the last four years.
Your sponsor’s household is limited to one sponsorship at a time. Additionally, your sponsor’s sponsorship can cover up to two parents per household at a time. And, your sponsor cannot lodge a new sponsorship application until their current approved sponsorship ends.
When Must You Apply For A Subclass 870 Visa?
To apply for a subclass 870 visa, you must be located offshore, unless you have been permitted by the Department to apply for a subclass 870 visa whilst you are in Australia.
You must lodge your visa application within six months of the sponsorship approval, or 60 days if you are given permission to apply in Australia.
You must be outside Australia for at least 90 days before being eligible to be granted another subclass 870 visa, unless you have been granted permission to apply in Australia.
Permission to apply in Australia may be approved in exceptional circumstances. This may include where you are unable to depart Australia, for example, due to:
- having an accident or a serious illness (medical evidence must be provided); or
- a natural disaster preventing travel to your home country.
You can be in or outside Australia when a decision is made on your subclass 870 visa application.
How Long Can You Stay In Australia As A Subclass 870 Visa Holder?
You can apply for either a three or five-year visa term on the subclass 870 visa.
You can then re-apply for further subclass 870 visas, up to a maximum cumulative stay period of 10 years in Australia.
Once you have held subclass 870 visas for a cumulative maximum 10-year period, you must either depart Australia, or apply for and be granted, another kind of visa that will allow you to remain in Australia. You will not be eligible for the grant of a further subclass 870 visa.
What Can You Do As A Subclass 870 Visa Holder?
As a Subclass 870 visa holder, you can travel to and from Australia as many times as you like whilst the visa is valid. However, you are not permitted to work in Australia.
As a temporary visa, the Subclass 870 visa does not provide a right to remain in Australia permanently. It also does not provide a pathway to permanent residence, including under the other parent visa subclasses.
Can You Apply For Another Parent Visa If You Have Applied For Or You Hold A Subclass 870 Visa?
Importantly, you cannot apply for a permanent or temporary parent visa when you have applied for or hold a subclass 870 visa.
That is, a parent who has made a valid parent visa application which is yet undecided, or who holds a Subclass 870 visa (or previously held a Subclass 870 visa which ceased to be in effect and has not left Australia), cannot make a valid application for a:
- 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).
However, you are not prevented from applying for any other substantive visa whilst you are in Australia, provided that you meet the prescribed eligibility requirements. A substantive visa is any visa excluding a bridging visa, criminal justice or enforcement visa
Can You Apply For A Subclass 870 Visa If You Have Applied For Another Parent Visa?
Given the lengthy waiting times for permanent parent visas, if you have already applied for a permanent parent visa (including a subclass 143 visa), you may be eligible to apply for and be granted a Subclass 870 visa (subject to satisfying all application requirements and relevant criteria for a visa grant), to enable you to visit, but not remain permanently in Australia.
Subclass 143 Visa Processing Time Versus Subclass 870 Visa Processing Time
In contrast to the subclass 143 visa processing time, which can, on average, take anywhere between 6 and 12 years to process, currently, on average, 90% of subclass 870 visa applications are being processed in eight months. And 90% of sponsorship applications for a subclass 870 visa are on average taking 70 days to process. Quicker subclass 870 visa processing times mean that you may be granted a subclass 870 visa in approximately 10.5 months.
And so to summarise, if you have already applied for, or you hold, a subclass 870 visa, you are ineligible to apply for a subclass 143 visa.
But, if you have already applied for a subclass 143 visa, you can apply for a subclass 870 visa, subject to meeting eligibility requirements.
What Is The Subclass 870 Visa Cost?
Subclass 870 Visa Application Fee
The subclass 870 visa cost 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 is granted for up to 5 years.
Therefore, the total subclass 870 visa cost is as follows:
- $5,735 for a 3 year visa;
- $11,470 for a 5-year parent visa; and
- $22,940 is the 10-year subclass 870 visa 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 sunclass 870 parent visa).
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 subclass 870 parent visa in total), the aggregate 10-year subclass 870 visa cost for the sponsorship is $840 (this is the cost of two sponsorship applications).
Get More Information
To learn more about the Subclass 870 Sponsored Parent (Temporary) visa, please see the following articles:
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In conclusion, we note that the above discussion provides an overview of the Subclass 870 Sponsored Parent (Temporary) visa and outlines how you can apply for this visa whilst waiting for a Subclass 143 Contributory Parent Visa application to be processed by the Department of Home Affairs (given the lengthy subclass 143 visa processing time compared with the subclass 870 visa processing time). We have also outlined the main features of the subclass 870 visa, the key subclass 870 visa sponsor requirements and subclass 870 visa cost, and have provided links to further information so that you can learn more about the Subclass 870 Sponsored Parent (Temporary) visa, including the eligibility requirements and costs to apply.
Australia’s migration laws are complex, and each case is different. We recommend that you seek professional advice if you are seeking to apply for a parent visa, 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.
For up-to-date advice on parent visa options, including applying for a Subclass 870 Sponsored Parent (Temporary) visa whilst waiting for a decision on a Subclass 143 Contributory Parent Visa and the subclass 870 visa sponsor requirements that must be satisfied, book your confidential consultation with a migration agent in Adelaide. PAX Migration Australia is a leading immigration advice service based in Adelaide.