Temporary Sponsored Parent Visa – Regulations Released

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.

Temporary Sponsored Visa features

1. Limited to 15,000 visas per year
2. Maximum 10 years cumulative stay permitted
3. Parent not required to depart during validity of the visa
4. Multiple entries permitted
5. May be eligible for a second TSPV, however, sponsor must also re-apply to be family sponsor
6. Must leave Australia for 90 consecutive days before making the second TSPV application, although sponsor can request the applicant be permitted to lodge onshore in specific circumstances
7. Condition 8103 – ‘no work’ will be applied to the visa

Application charges

1. Sponsorship – $420
2. Three year validity visa – $5000, with first instalment $1,000 and second instalment prior to visa grant of $4,000
3. Five year validity – $10,000, with first instalment $1,000 and second instalment prior to visa grant of $9,000

Family sponsorship framework

The parent sponsor must be:

1. at least 18 years old
2. be the biological, adoptive, or step child of the parent, may also include the parent of a deceased spouse or defacto parent
3. be an Australian citizens, PR or eligible NZ citizen and not be an ineligible sponsor
4. only sponsor two parents at any one time
5. have a minimum household taxable income threshold of $83,454.80
6. have no debts to the Commonwealth or outstanding public health debts
7. the family sponsor must be approved before the visa application can be lodged under the to be inserted s140AA.

Sponsorship obligations of the parent sponsor

Obligations remain in effect for the life of the visa and beyond in some cases, and include:

1. liability for any outstanding public health debts incurred by the parent before they depart Australia or are granted a permanent visa.to support sponsored parents financially and provide accommodation
2. to keep and provide records when requested
3. to notify the Department when certain events occur eg if the sponsor is charge with or convicted of an offence, becomes the subject of an AVO or incurs a debt to the Commonwealth
4. prior to sponsorship approval, agree to disclose the sponsor’s criminal or family violence history or conviction to the sponsored parent.
5. agree to sharing of information with other Commonwealth and State and Territory agencies

Other features and requirements

1. sponsored parent must also have genuine access to funds sufficient to meet the costs and expenses of their intended stay in Australia (NB amount not yet specified)
2. no balance of family test will be applied
3. no sponsorship bond will be required
4. sponsored parents will be required to maintain adequate health insurance for the duration of their stay in Australia
5. sponsors will be required to pay in full any outstanding public health debts incurred by their parent
6. the sponsored parent will also be required to disclose any criminal history particularly offences related to family violence
7. sponsorship or visa refusal will be reviewable – Part 5- reviewable decisions under  s338 of the Migration Act

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:

1. Parent – Class AX
2. Aged Parent – Class BP
3. Contributory Parent – Class CA
4. Contributory Aged Parent – Class DG
5. Contributory Parent (Temporary) – Class UT

This Instrument will commence on 17 April 2019.

Get in touch with us via our online contact form or call our Queensland office on (07) 5592 0755. Our experienced Australian migration agents will guide you through the process.

Source: www.mia.org.au