The five-year sponsored parent visa, the Subclass 870 Parent (Temporary) Visa, is open for sponsor application from 17 April 2019. Applications for the visa are intended to open from 1 July 2019 (Once a sponsorship application has been approved).
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This visa though seems easy from the outset when you refer to the relevant legislation, can be complicated and subject visa refusals, cancellations and criminal offences.
On this page;
- Our process and fees.
- Legislative basis (Legislative Instruments) and information
- Plain language information
- Checklist
- Updates
1.Our process and fees
Australian Migration PROCESS - Three Steps
How to start: our process always starts with a consultation.
Book Appointment Now!
Book under: 02. Migration Law - basic PR/points assessment - 30 mts
Information capture form
Application for Family Sponsorship – Parent
Download - Information capture Sponsorship v29042019
2. Legislative basis and information
i. Income Test for Sponsorship for Temporary Sponsored Parent Visa
Legislative Instrument - F2019L00542 - LIN 19/146: Income Test for Sponsorship for Temporary Sponsored Parent Visa 2019.
This Instrument specifies the income threshold required to sponsor parents for this visa.
The Taxable Income Threshold will be $83,454.80
The relevant Income Year is the most recently completed taxable income year, prior to the lodgement of an application for approval as a family sponsor.
The Instrument references Regulation 2.60W, this Instrument commenced on 17 April 2019.
Family sponsorship framework
The parent sponsor must be:
- at least 18 years old.
- be the biological, adoptive, or step child of the parent, may also include the parent of a deceased spouse or defacto parent.
- be an Australian citizens, PR or eligible NZ citizen and not be an ineligible sponsor (must refer to the legislative instrument).
- you only sponsor two parents at any one time.
- have a minimum household taxable income threshold of $83,454.80
- have no debts to the Commonwealth or outstanding public health debts.
- the family sponsor must be approved before the visa application can be lodged under the to be inserted s140AA.
ii. Manner for Providing Details of a Change
Legislative Instrument - F2019L00545 - LIN 19/149: Manner for Providing Details of a Change in Certain Events for an Approved Sponsor of a Temporary Sponsored Parent Visa 2019.
This Instrument specifies that an approved family sponsor must give details of events that will be specified in Regulation 2.87CD(2).
The Instrument references Regulation 2.87CD, This Instrument commenced on 17 April 2019.
iii. Creation of Temporary Sponsored Parent (TSPV) visa
Legislative Instrument- F2019L00551 - Migration Amendment (Temporary Sponsored Parent Visa and Other Measures) Regulations 2019
This Instrument creates the Subclass 870 Temporary Sponsored Parent (TSPV) visa, specifies the framework for family sponsorship and creates a new class of sponsor, the parent sponsor.
A definition of an outstanding public health debt is also provided and relates to any public health or aged care services incurred debts.
This Instrument also provides the requirement for adequate health insurance, which may be specified in legislative instruments for further visa subclasses.
iv. Arrangements for Sponsorship
Legislative Instrument - F2019L00596 - LIN 19/147: Arrangements for Sponsorship for Temporary Sponsored Parent Visa Instrument 2019
This Instrument specifies the form and fee for an application for approval as a family sponsor for a Temporary Sponsored Parent Visa (TSPV).
- The specified form is Form 1501
- The specified fee is $420 AUD
This Instrument commenced on 17 April 2019.
3. Plain language information
Process;
- Sponsorship applications can be lodged from 17 April 2019
- Visa cannot be lodged until a sponsor has been approved.
- Applications for the visa are intended to open from 1 July 2019 (Once a sponsorship application has been approved)
- Visa applications must be lodged within six months of sponsorship approval
Features:
- Stay for up to five years at a time without departing
- up to 15,000 per year will be granted (from 1 July to 30 June)
- No Balance of Family test will be applied
- ‘No work’ conditions will be applied
- Require health insurance
- Only two parents per household can be sponsored for this visa at a time.
- Must provide evidence of access to funds
- Parents are still eligible to apply for Visitor visas and/or permanent Parent visas.
- Standard Visitor visa arrangements remain unchanged
Careful considerations;
We highlight the following:
- The minimum household income requirement. This requirement could disqualify many families from this visa pathway.
- The requirement for the sponsor to have been usually resident in Australia. This should be compared with the “settled sponsor” requirement that attaches to the generality of parent visa pathways.
- The commitment on the part of the sponsor to reimburse Medicare costs incurred by a parent. This could be a significant burden financially and emotionally on a family, at a time when a parent might be very unwell.
- 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.
Charges
Application charges
- Sponsorship - $420
- Three-year validity visa - $5000, with first instalment $1,000 and second instalment prior to visa grant of $4,000
- Five-year validity - $10,000, with first instalment $1,000 and second instalment prior to visa grant of $9,000
Parents will be able to stay for up to five years at a time without departing and the Department has announced that up to 15,000 per year will be granted.
This limited number of Parent places in the migration program will not enable majority Australians to be with their parents and grandparents.
To be eligible for the visa, a parent must be the biological, adoptive, or step-parent of the sponsor, who must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
NB: The introduction of this visa is still subject to introduction of supporting regulations.
Other Eligibility
- Sponsors must meet the certain criteria
- Sponsorship obligations
- Sponsorship validity
- Sponsorship cost
- Sponsoring other kinds of visas
Not a pathway to permanent residence
To prevent this visa being used as a pathway to permanent residency, Subclass 870 visa holders or previous holders who have not departed Australia, are prevented from applying for the following visas:
- Parent - Class AX
- Aged Parent - Class BP
- Contributory Parent - Class CA
- Contributory Aged Parent - Class DG
- Contributory Parent (Temporary) - Class UT
4. Checklist
Providing checklist information will not qualify you for a visa - you must meet the relevant legislative criterion.
Only after we assess legal criterion against the information you provide, we will be able to provide an opinion of your ability to meet the visa related regulatory criterian.
- Checklist does not guarantee a positive visa outcome. You must meet the Migration Act and Regulatory requirements to be successful.
- You must provide correct information to DIBP, if not you may be banned for 5 years.
- This checklist information and supporting documents are required to assist with the lodgement of a complete application.
- You may also need to provide additional information and documentation after you have made your application if the department requires.
About the information you give.
VICTORY LAW
As a legal practice certain documents and information, you give us are protected under the common-law doctrine of legal professional privilege which is not available to migration agents who are not lawyers. The information you give us is subject to our privacy principals and professionals standards.
Privacy Act
The Privacy Act 1988 is the key law designed to safeguard personal information collected by Government agencies. Federal Government agencies (including DIBP) must comply with the Information Privacy Principles in section 14 of the Privacy Act 1988 when collecting, using and disclosing your personal information.
The Department of Immigration
The Department is authorised to collect information provided on this form under the Migration Act 1958.The information provided will be used for:
- assessing your eligibility to be granted the visa for which you have applied; and
- other purposes relating to the administration of the Migration Act, for example, to assist migrants with settling in Australia, to monitor the conduct of migration agents, or for ensuring compliance with the Migration Act.
Note:
You need to provide documents to support your application. We could ask you for more information; it is in your interest to provide as all the information when we undertake the assessment. The DIBP can make a decision using the information you provide when we lodge the application.
The Migration Act may be cited as the Migration Act 1958.
- invalid application, in relation to a provision, means an application because of which the provision exceeds the Commonwealth's legislative power;
- valid application, in relation to a provision, means an application that, if it were the provision's only application, would be within the Commonwealth's legislative power.
Application of the Criminal Code
Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
PART 2 CONTROL OF ARRIVAL AND PRESENCE OF NON-CITIZENS\Division 3 - Visas for non-citizens
Section 29 Visas
(1) Subject to this Act, the Minister may grant a non-citizen permission, to be known as a visa, to do either or both of the following:
(a) travel to and enter Australia;
(b) remain in Australia.
Note: A maritime crew visa is generally permission to travel to and enter Australia only by sea (as well as being permission to remain in Australia) (see section 38B).
Document Checklist
Important
Protocol in relation to - Advice, Communications, Documents & feedback
- When communicating with us and providing documents please follow the “communications protocol” at all times. See further below after the signature strip for the protocol.
- We are unable to accept communications if the protocol is not followed.
Note: All sponsors and their partners, applicants and their dependents must provide applicable documentation and information.
For more information visit: https://www.victorylaw.com.au/articles/migration/australian-visas/parent-migration-visa-australia/sponsored-parent-subclass-870-five-year-temporary-visa-australia/
Identity documents & AgeDocuments to prove your identity. One of the following:
If birth certificates are not available in your country of birth, other evidence to confirm birth details include, but are not limited to:
· school records · passport · baptism certificate · family book showing date of birth · ID document issued by your government · hospital birth records · court documents that verify your date of birth · copies of military service records or discharge papers. |
| The page of your current passport showing your photo, personal details and passport issue and expiry dates. |
| Two recent passport photographs (45 mm x 35 mm): · the photograph should be of the head and shoulders only against a plain background · photo must be pasted in a word and underneath your name, and date of the pic must be noted · the applicants name must be printed on the back of the photograph |
| A national identity card, if you have one (refer to separate email with country specific information). |
Proof of change of name, if applicable, such as:
|
Documents about your relationship with your partner, if applicablePartner documentsProvide:
|
Documents about other relationships, if applicableIf you have previously been married, widowed, divorced or permanently separated, provide divorce documents, death certificates, separation documents or statutory declarations. |
| PERSONAL DOCUMENTS 1. If you or any applicants are married, please provide certified copies of marriage certificate(s) and evidence you are in a genuine and continuing relationship. 2. If you or any applicants have been divorced please provide certified copies of the divorce document(s). 3. If your spouse/interdependent partner does not intend to migrate with you provide a statement explaining why and if they intend to join you in the future. 4. If you or any applicant has been widowed, please provide a certified copy of the death certificate(s). 5. Evidence of custody arrangements for any children included in the application where one parent is not migrating, including consent from the non-migrating parent for the children to migrate. 6. Two (2) recent passport photographs for all applicants and any dependants who are not migrating. 7. Evidence of any change of name (for example deed poll certificate). 8. Military discharge certificates for any applicant included in the application who has served in the military. 9. Evidence that all applicants aged 16 years or over have applied for a National Police Check in the past 12 months. |
If you have a current visaVisa grant letter. You and any accompanying secondary applicants must not:
|
Australian Values StatementIf you are aged 18 years or over, you are required to sign an Australian values statement. The statement is included in your visa application form and all applicants aged 18 years and over will need to sign it to confirm that they will respect the Australian way of life and obey Australian laws. Before signing this statement you are required to have read, or had explained to you, material made available by the government on life in Australia which is contained in the Life in Australia book. |
Health documentsWe will email you a link to complete online. |
| Form 956 - Will be sent in a separate email. |
Adequate health insuranceWe recommend you take out health insurance to cover any unforeseen medical treatment you might need in Australia. You are personally liable for all your healthcare costs while you are in Australia. Insurance can help limit your financial liability. See what we consider adequate health insurance. |
| Pay your debts to the Australian Government If you or any family members (including those who don't apply for the visa with you) owe the Australian government money, you or they must have paid it back or arranged to pay it back. |
Sponsor documentsIf you are being sponsored, provide:
To prove that your sponsor is an Australian citizen, permanent resident or an eligible New Zealand citizen, provide:
To prove your sponsor is usually resident in a designated area of Australia, provide documents such as:
To prove the sponsor's relationship with you, provide their:
|
| Sponsor's and partners source of income Give details of the main source of income for the sponsor and partner. The combined Taxable Income Threshold should be $83,454.80 Documents to confirm your work experience claims may include, but are not limited to: • tax returns (sponsor and partner) - Australian taxation notice of assessment for the previous two financial years. • Employment contracts • group certificates • superannuation information. |
| Family Chart - see separate email. |
Protocol in relation to – Advice, Communications, Documents & feedback
5. Updates
01 Update: Sponsored Parent - SC 870 visa automatic extension by 18 months
Sponsored Parent (Temporary) SC 870 visa holders who were outside Australia on 1 July 2021 have had their visa period automatically extended by 18 months in response to COVID travel restrictions.
If the visa is extended under this concession, the additional 18 months will not count towards the cumulative 10 year maximum stay period.
Sponsorship obligations have also been extended for the same 18-month period.
Visa details and conditions should be checked.
02. Temporary Sponsored Parent SC 870 - Offshore concessions
Legislative Instrument - F2021L01029 - Migration Amendment (Temporary Sponsored Parent Visas) Regulations 2021 amends the Migration Act to provide an 18 month concession to SC 870 visa holders unable to initially enter Australia or caught outside Australia due to COVID travel restrictions.
The Instrument includes the insertion of a new subclause:
870.511 (2A) If:
(a) the visa is in effect on 1 July 2021; and
(b) the holder of the visa is outside Australia on 1 July 2021;
then, subject to subclause (3), the period of effect of the visa ends 18 months after the date specified under paragraph (1)(b) for the visa
This Instrument commences on 30 July 2021.
We have noted serious errors in the Sponsorship for a Family Member online application. Our professional body has kept DoHA updated and hope the errors are being corrected. These errors will negatively impact applicants and not in line with the law. Noted below are two examples;
Parent sponsor - who can be sponsored?
- The error exists on page 15 of the online application form in the question: 'Is the visa applicant the parent of the sponsor?'
- This question is not in line with Regulation 2.57 as the definition of “permitted sponsored person” is much broader than the question.
- The form currently only recognises the first option of this definition, ie, a child sponsoring their own parent/s.
Income test - how many years evidence?
The online application form is also currently requesting evidence of taxable income for the last two financial years, ie 'Does the sponsor have their Australian taxation notice of assessment for the previous two financial years?'
There is no Legislative basis for this question as per the Instrument 19/146 which specifies that the income test must be met for the most recently completed income year.