Tag Archives: 870 visa

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in the future – or you might find that you spend money on an application for a subclass 870 visa that has to be withdrawn if you want to also apply for a parent visa that provides for permanent residency.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(ii)  the application for that visa has been withdrawn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

Number of visa applications on hand – Subclass 870, Temporary Sponsored Parent Visas

We have received details of the number of subclass 870 parent visa applications that are awaiting processing and the granting of visas.

As at 31 August, 2021 there were 1,826 applications on hand at the Department of Home Affairs, awaiting a decision.

Given there is an annual quote of 15,000 visas available under this visa subclass there is clearly scope for all of these visas to be granted once Australia’s Covid related border restrictions are eased – and for over 13,000 more visa grants before the end of the current program year on 30 June 2022.

Covid Concession – Extension of Validity Period for 870 Visas

Subclass 870 visa holders are unable to travel to Australia presently, due to restrictions at the point of arrival.

The validity period of subclass 870 visas is 3 years or 5 years from the time the visa is granted – not from the time of first arrival in Australia.

The Australian Government has announced a concession that extends the validity period of subclass 870 visas by 18 months.

If you hold a Sponsored Parent (Temporary) (subclass 870) visa (SPTV) and were outside Australia on 1 July 2021, your visa period has been automatically extended by 18 months.

The concession is intended to help SPTV holders who could not spend the full 3 or 5 years on their visa in Australia due to COVID-19 travel restrictions.

If your visa is extended under this concession the additional 18 months will not count toward your cumulative 10 year maximum stay period.

The Department of Home Affairs has said that it will notify eligible visa holders in writing by the end of August 2021.

The sponsorship obligations for SPTV Sponsors have also been extended for the same 18 month period.