Sponsored Parent Temporary Visa 870 Australia

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.

Protocol in relation to – Advice, Communications, Documents & feedback