Category Archives: 103 visa

Subclass 870 visa applications and Other parent visa applications – You need to submit them in the right order!

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The details of Australia’s migration regulations are ignored by many, particularly by those who don’t appoint a registered migration agent.

The consequences of doing so can mean parents and their children may need to spend years apart in different countries in the future – or you might find that you spend money on an application for a subclass 870 visa that has to be withdrawn if you want to also apply for a parent visa that provides for permanent residency.

Here are the details:

Schedule 1 of Australia’s Migration Regulations prevents a Sponsored Parent (Temporary) visa applicant or visa holder from applying for another permanent or temporary Parent visa.

Here are relevant extracts from the Regulations which pertain to the parent visas under subclasses 143, 173, 864, 884, 103, and 804:

If the applicant has previously made a valid application for another parent visa:

(i)  a decision to grant or to refuse to grant that visa has been made; or

(ii)  the application for that visa has been withdrawn

and

The applicant:

(i)  does not hold a Subclass 870 Sponsored Parent (Temporary) visa; and

(ii)  if the applicant held such a visa—has left Australia since that visa ceased to be in effect.

The same provisions do not apply for a subclass 870 application.

In other words, if you are thinking of applying for a subclass 870 visa as well as (say) a permanent parent visa under subclass 143 make sure you apply for the subclass 143 visa first.

Applying for a subclass 870 visa first will prevent an application being made for the subclass 143 visa, unless you withdraw the subclass 870 visa application – costing at least A$1,000 per visa applicant, plus (potentially) the family sponsor application fee of A$420.

And if a subclass 870 visa has already been granted the visa holder will not be able to apply for a permanent residency visa until the time the 870 visa has ceased to be in effect, and the individual has left Australia.

Visa strategy is therefore critical.

If you think you need help with your parent visa application Go Matilda Visas invites you to complete the enquiry form on this web page for a free initial discussion.

Once we have had an initial chat we can send details to you of our fee for assisting with a parent visa application.

Travel Exemption Applications Now Open for Parents

103 visa, 143 visas, 173 visas, 804 visas, 864 visas, 870 visas, 884 visas,

Australian Government Media Release

​From today, parents of Australian citizens and permanent residents are eligible to apply for a travel exemption, for travel to Australia from 1 November 2021.

Minister for Home Affairs Karen Andrews said the changes would reunite many families separated by the pandemic.

See the full media release here.

Parent Visa Backlog Continues to Increase

103 visa, 143 visas, 173 visas, 804 visas, 864 visas, 884 visas
The Australian Government has published its report on the delivery of the 2020/21 Migration Program.
 
Page 56 of the report discusses parent visa processing activity and clearly shows the number of visa applications awaiting decisions continuing to rise, with new parent visa application lodgments comfortably exceeding the number of visas being granted annually.
 
For program year 2020/21 (with 2019/20 in brackets) the numbers are as follows – these numbers include Contributory and non Contributory parent visas:
 
Number of applications – 14,827 (12,664)
Number of visas granted – 4,500 (4,399)
Applications on hand at 30 June – 114,359 (108,659)
 
 

Number of parent visas capped for year to 30 June 2021

103 visa, 143 visas, 173 visas, 804 visas

The Australian Government has published a Legislative Instrument which caps the number of parent visas that can be granted for the current program year that ends on 30 June 2021.

There is a ceiling of 3,600 visas on the number of Contributory Parent visas.

For the last 2 program years the numbers were:

2019/20 – 6,096

2018/19 – 7,175

For non CP visas – ie visa subclasses 103 and 804 – the ceiling is 900.

2019/20 – 1,275

2018/19 – 1,500

The ceiling on the granting of CP Visas includes 125 visas that are available to subclass 410 and 405 visa holders who are seeking permanent residency under the pathway to permanent residency for retirement and investor retirement visa holders.

Comment:  Clearly COVID-19 has significantly affected the number of visas being granted to parents.   With a significant number of applications for parent visas lodged with the Australian Government – see our recent post in this regard – and political pressure building on the Government to react to a significantly lengthening waiting time – we like to think that the planned parent visa program for the program year to 30 June 2022 will respond appropriately.

The number of parent visas for the following program year is usually announced at the time of the Federal Budget.   The 2021 Budget is scheduled to take place on Tuesday 11 May, 2021.

We will bring news here regarding the 2021/22 program numbers as soon as they are known to us.