Before an application can be submitted for a subclass 870 Temporary Sponsored Parent visa an approved family sponsorship must be in place.

A key requirement to be satisfied is the income test.

The Legislative Instrument that is currently in effect requires evidence to be provided that confirms taxable income of an amount that is at least A$83,454.80.

This income does not have be solely that of the sponsoring child.   Migration Regulations allow the following to be aggregated:

• The taxable income of the sponsor
• The spouse or de facto partner of the sponsor
• One additional child of the sponsored visa applicant, so long as the child is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen

Where income of a spouse/de facto partner and/or an additional child is being considered the taxable income of the sponsor must be at least one-half of the specified amount – ie A$41,727.40  presently.

It should also be noted that the requirement is to be met for the income tax year preceding that in which the family sponsor application is submitted.

This means that those looking to submit an application for approval as a family sponsor currently (July 2019) will need to submit their 2019 Australian tax return at the earliest opportunity as the 2019 Tax Assessment Notice will be needed to satisfy the income test.

A Tax Assessment Notice is usually available within a few days of the annual personal tax return being submitted to the Australian Taxation Office.

The author of this article is a registered tax agent as well as a registered migration agent.   He will be happy to discuss the practicalities of the tax assessment process if you are interested in sponsoring a subclass 870 visa application – please feel able to complete the enquiry form on this page for a free initial discussion.

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.

Information has been made available today as to the required taxable income of the sponsor of a temporary sponsored parent visa application.

The amount is A$83,454.80.

The taxable income will need to be confirmed by presenting the tax assessment notice for the financial year immediately preceding the year in which the application for approval as a sponsor is submitted – ie for the tax year ended 30 June 2018 if the application for approval as a sponsor is lodged before the end of June 2019.

If you would like to progress an application for this new visa and have not yet spoken with Go Matilda Visas please complete the enquiry form on this page.

Applications for the new temporary sponsored parent visa – subclass number 870 – will be possible from July 2019, with applications for approval of sponsors opening next month.

As is often the case though with Government announcements, the devil is in the detail – some won’t be able to apply, and some won’t want to once the details are explored.

Nevertheless, for many the opportunity to spend an extended period in Australia with children and grandchildren will be very welcome, particularly if a permanent residency visa outcome is available within the period of stay in Australia permitted by the new visa.

Overview

Australia’s Immigration Minister has announced that applications to sponsor a parent for a Sponsored Parent (Temporary) visa will be open from the 17th of April 2019.

Once a sponsorship application has been approved a sponsored parent will be able to apply for a Sponsored Parent (Temporary) visa, subclass 870.

Applications for the visa will be possible from 1 July 2019.

The visa will provide parents with a new pathway to reunite with children and grandchildren in Australia.

The visa is intended to address concerns about the limited number of places available to parents in the migration program and the associated lengthy waiting periods.

Details

• A parent must be the biological, adoptive, or step-parent of the sponsor.
• The sponsor must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen.
• Sponsorship applications can be lodged from the 17th of April 2019.
• Visa applications must be lodged within six months of sponsorship approval and cannot be lodged until a sponsor has been approved.
• Up to 15,000 Sponsored Parent (Temporary) visas may be granted each program year, which runs from 1 July to 30 June.   If the cap is reached in a program year, no further visas will be granted until the next program year commences on 1 July.
• Charges payable to the Department of Home Affairs will be:
  • A$420 when the sponsorship application is submitted
  • A$5,000 for a 3 year visa, or A$10,000 for a 5 year visa.   This is a per person charge, and will be payable as to A$1,000 when the visa application is lodged/the balance (A$4,000 or A$9,000) immediately before the visa is granted.
• A parent will be able to stay in Australia on a subclass 870 visa for a maximum of 10 years.
• A “no work” condition will generally attach to subclass 870 visas.
• Standard Visitor visa arrangements remain unchanged.  However the Sponsored Parent (Temporary) visa replaces the Visitor visa concession that allows parents of Australian citizens/permanent residents to stay in Australia for longer periods – typically for 12 months in every 18 months.
• In addition to meeting the sponsor/parent relationship requirement the sponsor must:
  • Be an Australian citizen/permanent resident or eligible New Zealand citizen who has been usually resident in Australia for four years.
  • Have no debts to the Commonwealth (eg tax debts) or public health debts unless appropriate arrangements have been made for payment.
  • Meet 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).   Details in this regard will be keenly awaited.
  • Provide police clearances for any country they have spent more than 12 months cumulatively in during the past 10 years.
• Only two parents per household can be sponsored for this visa at a time.  This limitation could make for some interesting family discussions!
• The sponsor obligations are relatively onerous, and include:
  • Paying outstanding public health debts – ie Medicare – incurred by their parent in Australia. The obligation ceases if the relevant health authority advises the debt has been repaid, or acceptable repayment arrangements have been made.   This obligation will continue if there are outstanding health debts, even after the parent who incurred them has departed Australia.   It remains to be seen whether this obligation extends to parents who are from countries with which Australia has a Reciprocal Health Care Agreement (RHCA), such as the UK.
  • Keeping records and providing them to the Department if asked. For example evidence of income. This obligation ends two years after the day the person ceases to be a sponsor.
  • Advising the Department when certain events occur. For example if the sponsor is charged with a crime. This obligation ends the day after the person ceases to be a sponsor.
  • Providing financial support and accommodation for the parent/s in Australia, if needed.
• Visa applicants will need to meet health and character requirements, and maintain suitable private health insurance for the duration of the stay in Australia.
• The balance of family test that pertains to the other parent visas does not apply for this new temporary sponsored parent visa, opening up opportunities for an extended period of stay in Australia for parents who have been limited to visitor visas in the past.

Devil in the Detail

We highlight the following:

• The minimum household income requirement., which has yet to be disclosed by the Government   This requirement could disqualify many families from this visa pathway.
• The requirement for the sponsor to have been usually resident in Australia for at least 4 years.   This should be compared with the “settled sponsor” requirement that attaches to the generality of parent visa pathways.
• The open commitment on the part of the sponsor to reimburse Medicare costs incurred by a parent.   Clearly this could be a significant burden financially and emotionally on a family, at a time when a parent might be very unwell.

Comment

With the processing time for even the quickest parent visa applications now extending towards 5 years or more this new visa pathway will be of interest to many, particularly applicants for the subclass 143 Contributory Parent visa.

We know of many applicants for 143 visas who are experiencing practical and emotional difficulty with the present 12 months in 18 months limitation attaching to visitor visas, which is not helped because actual processing times are significantly longer than was published on the Department’s website at the time the visa application was lodged.

This visa will also be of interest to parents/families who are not yet in a position to apply for a permanent residency visa – eg because the balance of family test is not yet satisfied, but a child of the intending temporary parent visa applicant has an application for permanent residency in the system.

For example, consider a parent with three children: one is in Australia as a permanent resident, the second is in Australia with a provisional partner visa, and the third is overseas.

The second child can reasonably anticipate permanent residency within the next year or two, at which time a permanent parent visa pathway will be available for the parent.

Some parents who are within a year or two of being “aged” (as defined) might choose to apply for this new visa rather than a subclass 143 Contributory Parent visa, and then apply for an onshore parent visa under subclass 804 or 864 at which point they will be granted a Bridging Visa.

Such a strategy should allow for costs to be mitigated, as only one temporary sponsored parent visa with a 3 year validity might be needed, rather than a 5 year or repeat temporary visa applications being required if a subclass 143 visa application is  submitted that takes 5 or more years to process to a decision.

Clearly caution is required for parents who do not have a permanent residency visa in prospect, given the stated 10 year limit on staying in Australia using subclass 870 visas – we foresee family heartache in years to come for those in this situation.

Go Matilda Visas has already taken instructions from many enquirers and parents in respect of this new temporary sponsored parent visa, and we anticipate significant demand from parents and families for the new sponsored parent visa going forwards.

We invite you to complete the enquiry form on this web page if you would like a free initial conversation on your situation and visa strategy, and would like to know our fixed fee for helping with such an application.