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We previously wrote about the introduction of a new Temporary Sponsored Parent visa (Subclass 870) (or TSPV) that will let parents of Australian citizens, permanent residents or eligible New Zealand citizens to stay in Australia for up to 5 years at a time, with the possibility of extending for another 5 years.

There are two stages to applying:

• Sponsorship application, open from 19 April 2019
• Visa application, expected to open from 1 July 2019.

Only until a sponsorship application has been approved can a sponsored parent apply for a TSPV.

New regulations have revealed further details, summarised below.

Key visa features

• Limit of 15,000 visas per year
• Maximum 10 years stay
• Multiple entries permitted
• Condition 8103 applies ie. visa holder must not work while in Australia

Costs

Note that when applying for a second TSPV, the sponsor has to re-apply to be family sponsor. The TSPV holder must also leave Australia for 90 consecutive days before making an application for the second TSPV; however, it is possible to ask to be allowed to lodge onshore in specific circumstances.

Parent sponsor requirements

The parent sponsor must:

• Be at least 18 years old
• Be the biological, adoptive, or step child of the parent (may also include the parent of a deceased spouse or defacto partner)
• Be an Australian citizen, Australian permanent resident or eligible New Zealand citizen
• Only sponsor two parents at any one time
• Have a minimum household taxable income of $83,454.80
• Have no debts to the Commonwealth or outstanding public health debts
• Be approved before the visa application can be lodged

Sponsorship obligations

Parent sponsors are required to meet certain sponsorship obligations for the life of the visa and beyond, in some cases. These include:

• Being liable for any outstanding public health debts incurred by the parent before they depart Australia or is granted a permanent visa
• To support sponsored parents financially and provide accommodation
• To keep and provide certain records when requested
• To notify the Department when certain events occur eg. if the sponsor is charged with or convicted of an offence, becomes the subject of an apprehended violence order or incurs a debt to the Commonwealth
• Prior to sponsorship approval, agree to disclose the sponsor's criminal or family violence history or conviction to the sponsored parent.
• To agree to sharing of information with other Commonwealth and State and Territory agencies

Other features and requirements

• Sponsored parents must also have genuine access to funds sufficient to meet the costs and expenses of their intended stay in Australia (amount not yet specified)
• No balance of family test will be applied
• No sponsorship bond will be required
• Sponsored parents will be required to maintain adequate health insurance for the duration of their stay in Australia
• Sponsored parents will also be required to disclose any criminal history particularly offences related to family violence

Alternative to permanent parent visas

Existing permanent parent visas may not be appropriate for overseas parents due to several reasons including costs, the lack of desire for a permanent visa and long processing times. The TSPV is a great alternative that allows people to reunite their families in Australia, if temporarily.

To prevent this visa being used as a pathway to permanent residency, Subclass 870 visa holders or previous holders who have not departed Australia cannot apply for the following visas:

• Parent - Class AX
• Aged Parent - Class BP
• Contributory Parent - Class CA
• Contributory Aged Parent - Class DG
• Contributory Parent (Temporary) - Class UT