*Last updated on: 25 Nov 2024
Copyright © 2024 Giant Steps Immigration Services. All rights reserved.

Subclass 870 - Sponsored Parent Visa (Temporary)

Offshore Visa for Parents NOT Meeting Balance of Family Test

Overview of the Subclass 870 Visa

The Subclass 870 Sponsored Parent (Temporary) Visa allows parents of Australian citizens, permanent residents, or eligible New Zealand citizens to visit and stay in Australia for extended periods. The visa provides two main streams for stays of up to 3 years or up to 5 years per visa grant, with the possibility of staying up to a cumulative maximum of 10 years. It is specifically designed to foster family reunification while maintaining a flexible, temporary residency option.

Key Features: Stay for up to 3 or 5 years, with multiple entries during the validity period. Have the possibility of a second visa grant, with a cumulative total stay in Australia of up to 10 years.

Eligibility Criteria for Subclass 870 Visa Applicants

Age Requirements

Applicants must be at least 18 years of age.

Location

The application for this visa must be submitted while the applicant is outside Australia.

No Family Balance Test Requirement

Unlike many other parent visas, the Subclass 870 visa does not impose a family balance test.

No Outstanding Debts

Applicants must have no unresolved debts to the Australian government, or they must have formal arrangements in place for repayment.

Previous Visa History

Applicants should not have a history of visa cancellations or refusals.

Health and Character Requirements

All applicants must meet Australian health and character standards. This includes:

Undergoing medical examinations as directed.
Providing police clearance certificates from every country they have lived in for 12 months or more in the last ten years.

Eligibility Criteria for Sponsors

Relationship Requirement: The sponsor must be an eligible child of the applicant, typically an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
Age Requirement for Sponsors: Sponsors must be at least 18 years old at the time of application.
Visa Compliance History: Sponsors are expected to have a strong record of compliance with Australian immigration laws.
No Overstayed Visas or Bridging Visas in Past Four Years: Sponsors must not have overstayed any Australian visas or held any bridging visas during this period.
Income Test: Sponsors must meet the minimum taxable income threshold of AUD $83,454.80. If the sponsor’s income does not meet the threshold, it can be combined with their partner’s or another child’s income to meet the requirement.
Assurance of Support (AoS) Commitment (if applicable): Sponsors may need to provide an AoS to demonstrate their financial ability to support the parent(s), ensuring that they will not rely on government welfare while in Australia.
Residency Requirement: Sponsors must have typically lived and worked in Australia for at least 2 years.
Legal Obligations: Sponsors are required to fulfill all legal obligations related to sponsorship, including financial support and compliance with visa conditions.

Special Considerations for Subclass 870 Sponsorship

Sponsorship of Multiple Parents: A sponsor may support visa applications for up to two parents, which can include any combination of biological parents and parents-in-law.
Visa Validity Alignment: If one parent is granted a visa, subsequent visas for other parents must have the same expiry date. Example: If a mother’s visa expires on 1st December 2029, a visa for the father or parent-in-law must also expire on that date.
Application Limitations: Sponsors of Subclass 870 visa holders are restricted from sponsoring other parent visas, such as Subclass 143 or 103, during the sponsorship period for the 870 visa.

Application Process

Sponsorship Application

Submit a sponsorship application to become an approved sponsor before the parent applies for the visa.

Assurance of Support (AoS) Lodgement (if applicable)

The AoS, if required, must be lodged and processed.

Submit Visa Application and Await Visa Grant

Once the sponsorship is approved, the parent can submit the visa application. Await the Department of Home Affairs’ decision on the visa application.

Stay Period and Conditions

Stay Options:3-year or 5-year stay options are available.

Maximum Cumulative Stay:Parents can stay in Australia for up to a cumulative total of 10 years.

Reapplication Condition: Applicants must spend at least 90 days outside Australia before reapplying, unless they have special permission to apply while in Australia.

Visa Costs and Fees

Sponsorship Application Fee: AUD $420

Visa Application Fees:
3-Year Visa: Total AUD $5,895 (First instalment AUD $1,180; Second instalment AUD $4,715)
5-Year Visa: Total AUD $11,785 (First instalment AUD $1,180; Second instalment AUD $10,605)

Note: Fees are subject to updates as per the Department of Home Affairs, they should be verified before application. Additional costs may apply for health checks, police checks, and biometrics.

Processing Times

For sponsorship application:
50% of Applications: Processed within 80 days
90% of Applications: Processed within 4 months

For visa application:
50% of Applications: Processed within 3 months
90% of Applications: Processed within 6 months

Note: Processing times vary based on the completeness of documentation, volume of applications and other factors. They are obtained from The Australian Department of Home Affairs website and only serve as guidance.

Key Benefits and Challenges of the Subclass 870 Visa

Key Benefits:
1. Extended Family Visits: Provides a long-term option for parents to stay with their families in Australia.
2. Flexible Travel: Visa holders can travel in and out of Australia multiple times during their visa validity.
3. No Family Balance Test: Offers a simpler route compared to other parent visas which require meeting the family balance test criteria.
4. Study Opportunities: Holders can study in Australia but are not eligible for government education funding.

Challenges and Limitations:
1. No Work Rights: Visa holders are not permitted to work in Australia.
2. Temporary Nature: Does not provide a pathway to permanent residency.
3. Income Threshold for Sponsors: Requires sponsors to meet a high-income threshold.
4. Reapplication Restrictions: After reaching the 10-year maximum stay, applicants must meet specific conditions to reapply.
5. Health Insurance Requirement: Applicants must maintain adequate health insurance coverage during their stay.

Your Questions Answered

What is the Subclass 870 Sponsored Parent (Temporary) Visa?

The Subclass 870 Sponsored Parent (Temporary) Visa allows parents of Australian citizens, permanent residents, or eligible New Zealand citizens to reside in Australia for an extended period. The visa offers a 3-year or 5-year stay option with the possibility of renewing for a cumulative total of up to 10 years. It is designed to facilitate family reunions without granting permanent residency.

Who can sponsor a parent for this visa?

A sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen aged 18 years or older. Sponsors are also required to meet specific financial and residency conditions, including meeting a minimum taxable income threshold.

How long can I stay in Australia on this visa?

You can stay for up to 3 or 5 years per visa grant, depending on your application. The total maximum stay is capped at 10 years, after which you will need to leave Australia for at least 90 days before any new application for the same visa type.

Can I apply for the Subclass 870 visa from within Australia?

No, the application for the Subclass 870 visa must be submitted while you are outside Australia. You must remain offshore at the time of the visa grant as well.

Does this visa offer a pathway to permanent residency?

No, the Subclass 870 visa is strictly a temporary visa and does not lead to permanent residency or citizenship in Australia. It is intended for long-term family visits only.

Are there any work rights on the Subclass 870 visa?

No, this visa does not grant work rights. Visa holders are not permitted to engage in paid employment while in Australia.

What are the financial requirements for a sponsor?

Sponsors must meet a minimum taxable income threshold of AUD $83,454.80. If the sponsor’s income alone does not meet this requirement, it can be combined with their partner’s or other children’s income to collectively meet the threshold.

Can both parents be sponsored under this visa?

Yes, a sponsor may sponsor up to two parents, including biological parents and parents-in-law, as long as they meet all the requirements.

Is the family balance test applicable for this visa?

No, unlike many other parent visas, the Subclass 870 visa does not impose a family balance test, making it more accessible for parents who may not have a majority of their children residing in Australia.

Can I bring dependent children on this visa?

No, this visa is strictly for parents of eligible Australian citizens, permanent residents, or eligible New Zealand citizens. Dependent children must apply for separate visas if they wish to enter Australia.

Is health insurance required for this visa?

Yes, applicants must maintain adequate health insurance for the entire duration of their stay in Australia. This ensures access to necessary healthcare services while in the country.

Can I study while on the Subclass 870 visa?

Yes, visa holders are permitted to study in Australia. However, they are not eligible for government-subsidised education and must pay full tuition fees.

Can I extend my stay after the maximum 10-year period?

After reaching the 10-year maximum stay limit, applicants must spend at least 90 days outside Australia before reapplying for another Subclass 870 visa. Alternatively, they may explore other available visa options.

What if I have health issues when applying for the visa?

Health issues do not automatically disqualify you from obtaining the visa, but they may impact your eligibility. Health requirements will be assessed on a case-by-case basis.

Ready to Take the First Step?

*We prefer initial contact by email so we can attend to your enquiries promptly. Please provide details about your immigration needs, including any deadlines or specific concerns. This helps us understand your situation and respond with the right guidance.