If you live in Australia and want your parents to migrate to Australia, you may be able to apply for the new temporary sponsored parent visa. This visa will come into effect on 17 April 2019. The new visa aims to bridge the gap in the current family visa system and will supplement the existing parent visas. This article will explain how you can apply to the new temporary sponsored parent visa to help your parents migrate to Australia.

What is the Temporary Sponsored Parent Visa?

The new temporary sponsored parent visa allows parents who are based overseas to stay in Australia for a period of up to five years. They may be able to renew this visa once for a further five years, bringing the total period to ten years.

For your parents to migrate to Australia under this visa, the requirements are twofold:

  • you, the child, must apply to become an approved sponsor; and
  • your parents will need to apply for the temporary sponsored parent visa within six months.

How Can I Apply to Sponsor My Parents?

To become a sponsor for your parent’s visa, you will need to make an application through ImmiAccount. You can only sponsor a:

  • biological parent;
  • adoptive parent; or
  • step-parent.

Your step-parent will only be allowed to apply for the temporary sponsored parent visa if they are still in a married or de facto relationship with your biological parent.

To sponsor your parents to migrate to Australia, you must:

  • be at least 18 years of age;
  • be an Australian citizen or permanent resident (or an eligible New Zealand citizen who has been in Australia for the last four years);
  • not have any outstanding government debts or public health debt (unless appropriate arrangements for payment have been made); and
  • meet a minimum household income threshold (which is based on your income combined with the income of your partner and siblings from the same parent).

If in the past ten years, you have spent more than 12 months in another country, you need to provide police clearances. You also must authorise to share any information that these clearances provide with your parents. The government must approve your sponsorship application before your parents can apply for the temporary sponsored parent visa.

What Are My Obligations as a Sponsor?

As a sponsor, you will need to provide financial support and accommodation for your parents in Australia. This includes paying any outstanding public health debts that your parents incur while they are in Australia, even after they leave the country.

If your parents are ever charged with a crime, you will need to notify the Department of Home Affairs. You will also need to keep certain records, such as evidence of income, for two years after you cease being a sponsor.

If you breach any of these obligations, your sponsorship might be cancelled. This means that your parents will need to find a different sponsor or depart Australia. In certain circumstances, you might also be barred as a sponsor. This means that, over a specified period of time, you will not be able to sponsor any further parents to migrate to Australia.

How Can My Parents Apply for the Temporary Sponsored Parent Visa?

For your parents to migrate to Australia, they must lodge their visa application within six months after your sponsorship application has been approved. If they fail to do this, you will need to submit a new sponsorship application.

To apply for the temporary sponsored parent visa, your parents will need to:

  • be at least 18 years of age;
  • have not applied and paid for a different visa;
  • provide evidence of access to funds;
  • provide evidence of health insurance;
  • not have an outstanding public health debt (unless acceptable payment arrangements have been made for the debt); and
  • satisfy health, character and national security requirements.

What Rights Will My Parents Have in Australia?

Once granted, the temporary sponsored parent visa will allow your parents to stay in Australia for up to five years at a time. If they then wish to extend their stay, they will need to apply for a new temporary sponsored parent visa. To apply for this visa again, they must be outside of Australia for at least 90 days before they apply.

Under the temporary sponsored parent visa, the total period that your parents are permitted to stay in Australia is up to ten years. If your parents wish to remain in Australia after ten years, they will need to apply for a different visa.

While they are in Australia, your parents are not allowed to work.

How is this Visa Different to Existing Parent Visas?

There are four existing parent visas in Australia:

  1. parent visa subclass 103;
  2. aged parent visa subclass 804;
  3. contributory parent visa subclass 173 (temporary) and subclass 143 (permanent); and
  4. contributory aged parent visa subclass 884 (temporary) and subclass 864 (permanent).

There are three crucial differences between the new temporary sponsored parent visa and the old existing parent visas:

1. ‘Balance of Family’ Test Requirement

Under the new temporary sponsored parent visa, parents do not need to meet the ‘balance of family’ test. For the permanent parent visas, the parents must have at least half of their children permanently residing in Australia.

2. Period of Stay

The current temporary parent visas (subclass 173 and 884) allow parents to stay in Australia for a period of up to two years. After this, they may be able to apply for the permanent parent visa (subclass 143 and 864) and stay in Australia indefinitely. Lasting five years, the new temporary sponsored parent visa allows parents to stay in Australia for three years longer than the current temporary visa.

The new temporary sponsored parent visa replaces the visitor visa concession that existed for parents of Australian citizens or permanent residents to stay in Australia for extended periods. However, the new visa does not offer permanent residency pathways. After cumulatively residing in Australia for ten years under this new visa, your parents will need to apply for the permanent parent visa or other available permanent residency visas to remain in Australia.

3. Working Rights

Successful applicants under the existing parent visa scheme can work and study in Australia if they choose to.

However, under the new temporary sponsored parent visa parents are not allowed to work for the duration of their visa.

Key Takeaways

The new temporary sponsored parent visa can be an excellent pathway for parents who wish to migrate to Australia. This new visa allows your parents to stay in Australia for up to five years. Then, they have the option to apply for another visa which will last five years. If your parents wish to migrate to Australia under the temporary sponsored parent visa:

  1. you must become an approved sponsor; and
  2. your parents must apply through ImmiAccount.

If you have any questions about the temporary sponsored parent visa, contact LegalVision’s immigration lawyers on 1300 544 755 or fill out the form on this page.

Natasha Bahari
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