From 1 July 2019, overseas parents of certain categories of Australian citizens/permanent residents/eligible New Zealand citizens will be able to apply for a new Sponsored Parent (Temporary) visa to Australia (SPV), which will allow them to stay in Australia for up to five years at a time.
On 1 March 2019, Minister Coleman announced that applications to sponsor a parent for the SPV will be open from 17 April 2019.
A sponsored parent will be apple to apply for the SPV once a sponsorship application has been approved.
What are the major criteria for visa application?
To be eligible for the SPV the applicant must:
- be at least 18 years old;
- be sponsored by a biological, adoptive or, in some instances, a step-child of the applicant. The sponsoring child must be at least 18 years old and be an Australian citizen/permanent resident or eligible New Zealand citizen who has been usually resident in Australia for four years;
- be outside Australia (unless invited in writing to apply by the Department of Home Affairs), for at least 90 days if the applicant holds or has previously held a Sponsored Parent (Temporary) visa;
- provide evidence of access to funds;
- provide evidence of health insurance;
- not have an outstanding public health debt (unless appropriate arrangements have been made to repay the debt);
- satisfy health, character, and national security requirements.
How long can the visa holder stay in Australia?
Parents who are granted the SPV will be allowed to stay in Australia for the continuous period of up to five years at a time.
Upon the expiry of the visa, parents will be able to apply for a further SPV.
They will, however, need to stay outside Australia for at least 90 days before being eligible to apply for a further SPV.
Moreover, as holders of SPVs, they will only be allowed to stay in Australia for the total cumulative maximum period of 10 years.
If the maximum period is to be exceeded, the parents will be required either to depart Australia or to apply for another visa which will allow them to remain in Australia. They will not be eligible for a further SPV.
How much does the visa cost?
The sponsor who lodges a sponsorship application for the SPV will be required to pay a sponsorship application fee of $420.
An applicant for the SPV will need to pay a visa application charge, the amount of which will depend on the duration of the SPV:
- $5,000 for the SPV of up to three years’ duration; or
- $10,000 for the SPV of up to five years’ duration.
Who will benefit from the SPV?
It is a well-known fact that due to the high volume of applications for the existing contributory permanent or temporary visa applications, their processing time is very long and may exceed 3 years.
Therefore, the SPV may be beneficial for those parents who want to stay with their children in Australia for an extended time of up to 5 years.
The current applicants for the existing contributory permanent or temporary visas may consider the SPV as an option which will allow them to live in Australia while their current visa application is being considered. They need, however, take into consideration that they may be required to leave Australia for their contributory permanent or temporary visa to be granted.
What will be the processing time of the SPV application?
Although it is expected that the processing time of the SPV applications will be shorter than the processing tome of contributory permanent or temporary visa applications, it is not yet clear how quickly the SPV applications will be processed.
The Department of Home Affairs if yet to announce the processing times of the SPV applications.
If you would like to receive our advice on the most suitable visa option for your parent, we will be pleased to assist you in that.
Our experienced lawyers in Pavuk Legal can, as well, provide you with extensive advice on other matters, including acquiring of property by your parents, making a will or other legal matters.