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in the future – or you might find that you spend money on an application for a subclass 870 visa that has to be withdrawn if you want to also apply for a parent visa that provides for permanent residency.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(ii) the application for that visa has been withdrawn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