Category Archives: 884 visas

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

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in the future – or you might find that you spend money on an application for a subclass 870 visa that has to be withdrawn if you want to also apply for a parent visa that provides for permanent residency.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(ii)  the application for that visa has been withdrawn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

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

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)
 
 

Contributory Parent Visa Application Numbers – Updated

In an update to our earlier blog post, Go Matilda Visas has obtained details of the current number of Contributory Parent Visa (CPV) applications that were lodged and in train at the Parent Visa Centre up to the end of August 2021.

The 2021/22 Migration Program allows for 4,500 visas to be granted across the Contributory and non-Contributory parent visa subclasses.

We understand that about 3,600 of this total will be allocated to Contributory Parent visa applications.

Given nearly 8,000 applications have been lodged for Contributory Parent visas in the first 8 months of 2021 alone we foresee a relentless and significant increase in the processing time for these visas – certainly some years more than the 64 months that is currently being referenced on the Department of Home Affairs website.

Details of the current number of CPV applications broken down between the number submitted each month are in this pdf document.

Parent Visas – Place to be at Time of Visa Grant – COVID Concessions Start

Temporary relaxations in the place where parent visa applicants are required to be at the time of visa grant come into effect today.

The Migration Amendment (Parent Visas) Regulations amend the Migration Regulations to allow specified Parent Visas to be granted during the COVID concession period in locations other than those usually applying.

For applicants for the following Parent visa classes who are located in Australia, but who would be otherwise required to be outside Australia at the time of visa grant, these visas may be granted when onshore:

  • Parent (Permanent) (subclass 103)
  • Contributory Parent (Permanent) (subclass 143)
  • Contributory Parent (Temporary) (subclass 173)

For applicants for the following Parent visa subclasses who are located outside Australia, but who would otherwise be required to be in Australia at the time of visa grant, these visas may be granted when offshore:

  • Aged Parent (Permanent) (subclass 804)
  • Contributory Aged Parent (Permanent) (subclass 864)

These COVID concessions apply to visas that were lodged before 24 March 2021 and before the end of the concession period prescribed in Regulation 1.15N(1).

No end date for the concession period has been prescribed at the time of writing this article.

For the grant of a Subclass 103, Subclass 143 or Subclass 173 visa while the applicant is in Australia, the applicant must have been in Australia on 24 March 2021, but not in immigration clearance.

For grant of a Subclass 804 or Subclass 864 while the applicant is overseas, the applicant must have been outside Australia on 24 March 2021 and must not be in immigration clearance.