Now Is the Perfect Time to Apply for Your Parents’ Subclass 870 Long-Stay Temporary Visa! Second-Visa Tips and Common Q&A

Not long ago we warned that:having a PR holder renew a parent’s visitor visa onshore has become a fairly risky option. Some time has passed and the situation hasn’t “improved” — we’re seeing more and more requests for help after onshore parent visitor-visa renewals were refused: some who had been onshore in Australia since the pandemic, and some who entered only last year and are now on just their second renewal — refusals across the board. For more, see: Heads up! Onshore PR parent visitor-visa renewals are tightening again?! Refused after only 12 months!

As we’ve also recommended, rather than worrying again and again and putting your parents through repeated back-and-forth trips, those who are eligible should consider the Subclass 870 Sponsored Parent (Temporary) visa. It can be granted for 3 or 5 years at a time and renewed once more, for a maximum of 10 years in total, and while the visa is held parents can stay in Australia and travel in and out without restriction.

Right after you’ve lodged last financial year’s tax — perfect timing!
Now, at the start of the financial year, once the sponsor (the child in Australia) has lodged their 2022–23 tax return, it’s an ideal time to start a Subclass 870 application, because one of the requirements for the Subclass 870 sponsorship is that the sponsor’s income must exceed AUD 84,000 — and this is assessed solely on whether the taxable income shown on the most recent financial year’s Notice of Assessment (NOA) meets the threshold.

Today, alongside a refresher on the Subclass 870 requirements, we’ll also bring you up to date on the latest Subclass 870 news.

Basic Subclass 870 application requirements
– There is an Australian PR or citizen acting as the sponsor (aged 18 or over), and the applicant may be the sponsor’s biological parent, legal parent (including adoptive parent), step-parent or parent-in-law
– The sponsor has lived in Australia for at least 4 years (including any earlier non-PR time)
– The sponsor’s income must exceed AUD 84,000, and this can be household income
– At any one time, a family can hold only one sponsorship approval, and one approval can sponsor up to two parents
A Subclass 870 application does not require passing the balance of family test, so it also suits families who cannot lodge a parent migration application because they fail the balance of family test but still want to keep their parents onshore for the long term.

Current processing times
The Subclass 870 involves two steps — the sponsorship and the visa — each currently taking 2–4 months to process, so starting your preparations about six months ahead gives you plenty of time.

Lodge onshore or offshore?
In the past the Subclass 870 could be lodged and granted onshore for both the sponsorship and the visa, simply by obtaining permission. However, because parents staying onshore indefinitely is not encouraged, permission to lodge onshore is no longer being granted, which means:
While the parents are onshore (for example, on a visitor visa), the sponsor (the child) can apply for the sponsorship first. But the next step, once the sponsorship is approved, is that the parents must lodge the Subclass 870 visa from offshore, and the parents have 6 months to lodge this visa.
– Of course, if you’re not in a hurry, you can also wait until the parents’ visitor visa expires and they leave Australia before starting the sponsorship application

If the visitor visa has just been refused, can you apply for the Subclass 870 straight away?
Given the visitor visa has already been refused, the parents will certainly be leaving Australia to return home soon. And because the child’s sponsorship itself also takes 2–4 months to process, so after a visitor-visa refusal it’s perfectly fine to start preparing the sponsorship lodgement immediately.

When does the child’s sponsorship income requirement need to be met?
The income requirement is assessed solely on whether the taxable income on the most recent financial year’s Notice of Assessment (NOA) meets the threshold. For example, if lodging this financial year, the child only needs to provide the 2022–23 NOA to demonstrate they meet the income requirement.

Official Subclass 870 application fees?
*2023–24 financial year
Sponsorship applicant: AUD 420
Parents’ visa application fee: AUD 5,335 for the three-year visa; AUD 10,575 for the five-year visa
Whether the three- or five-year visa, the fee is paid in two instalments: the first instalment of AUD 1,145 is paid first, and the second instalment covers the remainder

What if you’re also considering migration?
The Subclass 870 is not a substitute for parent migration — although the visa can last up to 10 years, there is no pathway to convert it to permanent residency afterwards. If your parents are considering migration, remember to lodge the migration application first, and then apply for the Subclass 870

Subclass 870 second visa
The Subclass 870 has now been in place for a fair while, and the three-year visas are starting to come up for renewal.

A further note on bridging from the first to the second Subclass 870 visa — two principles:
1. You can only lodge the second Subclass 870 visa after a continuous 90 days offshore, and the first visa must no longer be in effect when the second visa is lodged
2. Because the sponsorship and the visa expire on the same date, you cannot apply for a new sponsorship before the first Subclass 870 visa expires — you must wait until the first visa has expired before applying for the sponsorship, and only after the sponsorship is approved do you lodge the second visa (making sure a continuous 90 days offshore has been completed at the time of lodgement)

For example:Father A departs Australia on 1 October 2023, but his Subclass 870 visa does not expire until 1 November. In that case, the child cannot apply for a new Subclass 870 sponsorship until 2 November, and even assuming the sponsorship is approved quickly on 1 December, Father A still cannot lodge the second Subclass 870 visa until 1 January 2024.
These application requirements are tightly interlinked — even a PR parent’s Subclass 600 should not be taken lightly, let alone the Subclass 870. If you need help, get in touch with our team below:

Recent Subclass 870 visa success stories
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