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.
A Legislative Instrument has been published which reduces the number of available parent visas compared with the 2018/19 program year.
In summary, there is a ceiling of 6,096 visas on the number of Contributory Parent visas for the year to 30 June 2020. For the previous year the ceiling was 7,175.
For non CP visas the 2019/20 ceiling is 1,275 (1,500 for 2018/19).
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 that opened 12 months ago.
Before an application can be submitted for a subclass 870 Temporary Sponsored Parent visa an approved family sponsorship must be in place.
A key requirement to be satisfied is the income test.
The Legislative Instrument that is currently in effect requires evidence to be provided that confirms taxable income of an amount that is at least A$83,454.80.
This income does not have be solely that of the sponsoring child. Migration Regulations allow the following to be aggregated:
- The taxable income of the sponsor
- The spouse or de facto partner of the sponsor
- One additional child of the sponsored visa applicant, so long as the child is an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen
Where income of a spouse/de facto partner and/or an additional child is being considered the taxable income of the sponsor must be at least one-half of the specified amount – ie A$41,727.40 presently.
It should also be noted that the requirement is to be met for the income tax year preceding that in which the family sponsor application is submitted.
This means that those looking to submit an application for approval as a family sponsor currently (July 2019) will need to submit their 2019 Australian tax return at the earliest opportunity as the 2019 Tax Assessment Notice will be needed to satisfy the income test.
A Tax Assessment Notice is usually available within a few days of the annual personal tax return being submitted to the Australian Taxation Office.
The author of this article is a registered tax agent as well as a registered migration agent. He will be happy to discuss the practicalities of the tax assessment process if you are interested in sponsoring a subclass 870 visa application – please feel able to complete the enquiry form on this page for a free initial discussion.
Since the beginning of this month it has been possible for a parent with a child in Australia to apply for the new temporary sponsored parent visa (subclass 870).
Many of the requirements for this visa were explored in an earlier post.
The underlying legislation is now available, from which we consider the following to be additionally important:
- An applicant for the 870 visa is required to be outside Australia when the visa application is lodged – unless the Minister for Immigration has agreed otherwise. Note that the applicant does not have to be outside Australia when the application for approval as a family sponsor is submitted or approved.
- On each occasion that an 870 visa is renewed the visa applicant will be required to be outside Australia for at least 90 days.
- The cancellation of the family sponsorship or withdrawal of the sponsorship will lead to the 870 visa ceasing to be valid.
- Similarly the death of the sponsor will lead to the 870 visa ceasing to be in effect if another approved sponsor cannot be found.
- An application for an 870 visa must usually be submitted within 6 months of the date of approval of the family sponsor.
- Holders of a subclass 870 visa cannot apply for a visa under the following visa subclasses:
- 143, Contributory Parent visa
- 864, Contributory Aged Parent visa
- 173, Contributory Parent (Temporary) visa
- 884, Contributory Aged Parent (Temporary) visa
- 804, Aged Parent
- 103, Parent
- Those wanting a permanent residency parent visa outcome should therefore ensure an application under the above visa sub classes is submitted before a visa under subclass 870 is granted.
It should also be remembered that there is no automatic pathway to permanent residency via the subclass 870 visa , and that the total period of time permitted in Australia as the holder of an 870 visa will be 10 years.
This visa will though have a role to play in allowing parents to remain in Australia while awaiting a decision on a subclass 143 permanent residency visa application.
Interested persons may also want to review our separate blog that explores the income requirement to be met by the sponsor of a subclass 870 visa – and to complete the enquiry form on this page if they would like an initial free discussion with us about parent visa strategies.
Information has been made available today as to the required taxable income of the sponsor of a temporary sponsored parent visa application.
The amount is A$83,454.80.
The taxable income will need to be confirmed by presenting the tax assessment notice for the financial year immediately preceding the year in which the application for approval as a sponsor is submitted – ie for the tax year ended 30 June 2018 if the application for approval as a sponsor is lodged before the end of June 2019.
If you would like to progress an application for this new visa and have not yet spoken with Go Matilda Visas please complete the enquiry form on this page.