1
After the pandemic began in 2020
After the pandemic began in 2020, many PR parents — finding travel in and out of the country difficult — stayed in Australia long term on visitor visas. Many of the visas granted at that time carried no 8503 condition. Even with a three-year visitor visa for PR parents, the total stay permitted under any single visa is a maximum of 12 months, so they had to keep renewing.
But in fact, under clause 600.215 of the visitor visa: if you have held one or more Subclass 600 visas onshore, or a 417 or 462 visa or a bridging visa, then if a further Subclass 600 renewal would cause the applicant to stay onshore beyond 12 months, you must demonstrate that exceptional circumstances exist
During the pandemic, the “exceptional circumstances” cited in many applications were that border closures made travel in and out difficult, along with health considerations, and so on, and these were accepted, which is how parents were able to remain onshore continuously.
2
Mid-2022, just after the borders reopened
But from mid-2022 — that is, a few months after Australia fully lifted its border restrictions — we had clients who, on trying to renew once again, were told this reason was no longer acceptable.Reason one: the applicant had already stayed onshore for 2–3 years; a visitor visa is not meant for long-term stays. Reason two: travel in and out had returned to normal — the implication being that it was time to depart and lodge offshore.
3
Mid-2023 — a refusal received just today
A year on, today we suddenly received a refusal letter for a PR parent. What is more striking is that the applicant had not stayed onshore for years — they only entered Australia last year, having remained offshore throughout COVID, and this was their first onshore Subclass 600 renewal, which was refused.The case officer stated plainly: relying on the pandemic (for example, the recent rise in reinfections back home) is no longer acceptable.
Conclusion
Continually renewing parents’ visitor visas onshore is not a long-term solution
In short, COVID could previously serve as the exceptional circumstances under 600.215, but that no longer holds — at least this application signals where things are heading.
It really comes back to the point made earlier: the Department of Home Affairs does not want applicants to treat a visitor visa as a long-term visa. The pandemic was an extraordinary period, but that extraordinary period is now over.
Given the fundamental purpose for which the visitor visa exists, it will only become stricter.
Next
If you are about to renew your parents’ visa
Option one: have your parents depart first and then lodge the visitor visa offshore. With complete documentation there is usually no major issue; just be careful not to lodge immediately upon departing — it is best to wait 4–6 months
Option two: applying for a Subclass 870 visa solves the problem once and for all
The most central requirement for the 870 is that the sponsor meets the income threshold. Some people may not have met it in the 21–22 financial year but do meet it this 22–23 financial year — and with this financial year almost over, now is a good time to start preparing.
The 870 could previously be lodged onshore after first obtaining Permission, but this is no longer allowed — all lodgements must now be made offshore, so you can see the trend here.
You can start preparing before departure and as soon as you depart:
In addition, the 870 requires the sponsor to first obtain sponsorship approval, which currently takes about 1–2 months, after which lodging the visa takes a further 2–3 months. The processing period itself provides a built-in buffer, so if your onshore parents’ visitor visa is about to expire, you can begin preparing now or start as soon as they depart.
The long-term temporary Subclass 870 for parents of PRs/citizens
Grant gallery
Next
If you have already lodged a similar case and are awaiting the outcome
We recommend being prepared for a possible refusal.
If you are fortunate enough to get through this time, we would not recommend renewing onshore again next time.
Next
If you have unfortunately already been refused
–depart within 35 days of the refusal, then lodge a further Subclass 600
Remember to wait at least 4–6 months and prepare the documentation carefully
– lodge offshore: the 870 — you can begin preparing before departure or as soon as you depart — the 870’s processing period is itself a buffer
– you may choose to appeal to the AAT within 21 days of the refusal, but several factors need to be considered
* First, the appeal fee is AUD 3,000+
* Among AAT appeals, visitor visas are processed relatively quickly — we have previously had outcomes within just a few months
* You also need to bear in mind that success is not guaranteed
If there is a pressing need and your parents cannot depart, this may be worth weighing up
/ The visitor visa allowing a maximum 3-month stay within a one-year period/
Some PR parents may opt for the one-year visa with a total stay of 3 months
This has not been very volatile and has consistently been granted smoothly.
Parents of holders of temporary visas such as Subclass 500/485/491/482
also apply for this type of visitor visa allowing a total 3-month stay within one year. We have had a number of grants recently — you are welcome to have us assess your circumstances and advise whether lodging is recommended.
We will continue to monitor whether more similar cases are refused and whether this really is a clear trend.
If you need help with the trend affecting parents, get in touch with our consultants below. We have a wealth of success stories with parents’ visitor visas, the Subclass 870 visa, and parent migration!
Grant gallery
Parents’ visitor visas
Catch up on past features
By the end of May, state nominations issued have already topped 57,000! Has Victoria over-issued?
What has become of those new policies said to start on 1 July?
On a budget of RMB 70,000–80,000 a year, a comeback into a top university on par with the 985s!
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