We’ve seen the time taken to process Contributory Parent visas blow out significantly over the last few years.    How bad can it get?

The time taken for a subclass 143 Contributory Parent visa application to be processed to a decision has increased significantly in the last few years.   From a processing time of typically 18 to 24 months a few years ago we now see the Parent Visa Centre deciding visa applications that were lodged more than 4 years ago.

Indeed, the Australian Government’s allocation of visas to the parent visa program has completely failed to keep pace with a level of demand that was surely to be expected given the large number of visas granted annually under the skilled and partner visa programs.

Indeed, when the Federal Budget papers were released last week the number of visas available to parent visa applicants for the program year to 30 June 2021 was reduced to 4,500.

In the COVID-affected program year to 30 June 2020 the ceiling on Contributory Parent visa numbers was 6,096, with only 4,399 granted across the Contributory and non-Contributory visa classes.

In the program year to 30 June 2019 the number of visas granted across the Contributory and non-Contributory visa classes was 6,805.

Following an information request of the Department of Home Affairs we now know that the numbers of visas being sought as at 30 September 2020 across the Contributory Parent visa subclasses were:

• Subclass 143 – 53,444
• Subclass 173 – 2,884
• Subclass 864 – 3,447
• Subclass 884 – 146
• TOTAL – 59,921

Clearly these statistics indicate a processing time for Contributory Parent visa applications way in excess of that being referenced on the Department’s website (Updated: 23 September 2020): ” … based on current planning levels, we estimate new Contributory Parent visa applications lodged that meet the criteria to be queued are likely to take approximately at least 58 months to be released for final processing.”

We acknowledge that processing priorities can change quickly, as we have seen with the increased number of partner visa applications announced last week – due primarily we suspect to increasing public awareness through the media of the delays in such visa applications being processed to a decision.

However, until there is a similar level of public awareness of – and concern for – the position facing parents unable to join children in Australia we fear it is unlikely there will be any improvement in the processing timeline for parent visa applicants.

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.