Australia’s Temporary Sponsored Parent Visa (Subclass 870): Where you can and can’t be – And other issues

870 visas

Since the beginning of this month it has been possible for a parent with a child in Australia to apply for the new temporary sponsored parent visa (subclass 870).

Many of the requirements for this visa were explored in an earlier post.

The underlying legislation is now available, from which we consider the following to be additionally important:

  • An applicant for the 870 visa is required to be outside Australia when the visa application is lodged – unless the Minister for Immigration has agreed otherwise.   Note that the applicant does not have to be outside Australia when the application for approval as a family sponsor is submitted or approved.
  • On each occasion that an 870 visa is renewed the visa applicant will be required to be outside Australia for at least 90 days.
  • The cancellation of the family sponsorship or withdrawal of the sponsorship will lead to the 870 visa ceasing to be valid.
  • Similarly the death of the sponsor will lead to the 870 visa ceasing to be in effect if another approved sponsor cannot be found.
  • An application for an 870 visa must usually be submitted within 6 months of the date of approval of the family sponsor.
  • Holders of a subclass 870 visa cannot apply for a visa under the following visa subclasses:
    • 143, Contributory Parent visa
    • 864, Contributory Aged Parent visa
    • 173, Contributory Parent (Temporary) visa
    • 884, Contributory Aged Parent (Temporary) visa
    • 804, Aged Parent
    • 103, Parent
  • Those wanting a permanent residency parent visa outcome should therefore ensure an application under the above visa sub classes is submitted before a visa under subclass 870 is granted.

It should also be remembered that there is no automatic pathway to permanent residency via the subclass 870 visa , and that the total period of time permitted in Australia as the holder of an 870 visa will be 10 years.

This visa will though have a role to play in allowing parents to remain in Australia while awaiting a decision on a subclass 143 permanent residency visa application.

Interested persons may also want to review our separate blog that explores the income requirement to be met by the sponsor of a subclass 870 visa – and to complete the enquiry form on this page if they would like an initial free discussion with us about parent visa strategies.