The Department of Home Affairs recently introduced the Temporary Sponsored Parent Visa (TSPV).

The TSPV provides another alternative for parents to reunite with their children and grandchildren who reside in Australia. It allows parents of Australian citizens, permanent residents and eligible New Zealand citizens to stay in Australia temporarily for a cumulative period of up to 10 years.

The TSPV is not a pathway to permanent residence and whilst holding a TSPV, the visa holder will be barred from applying for certain classes of permanent residence visas.

Existing parent visa arrangements are not be affected by the TSPV and standard Visitor and permanent parent visas continue to operate as they have before.

Features of the Temporary Sponsored Parent Visa

Visa applicants have a choice of applying for a 3 or 5 year visa and applicants may also be eligible to apply for a further visa for an additional 3 or 5 years. In effect, a parent may now be eligible to stay in Australia on this visa for a cumulative period of 10 years.

A visa applicant must leave Australia for 90 consecutive days before making the second TSPV application, although the sponsor can request the applicant be permitted to lodge onshore in specific circumstances.

A visa holder is:

  • Required to maintain adequate health insurance
  • Not allowed to work
  • Not required to depart during validity of the visa
  • Entitled to multiple entries to Australia

The TSPV is currently limited to 15,000 grants per financial year (1 July to 30 June). If the cap is reached in a financial year then no further visas will be granted until the next 1 July commences. It is also unclear but it is presumed that the applications will be approved on a first come first serve basis.

The TSPV involves a two-stage process.

  1. Apply to become a Parent Sponsor

The Australian citizen, permanent resident or eligible New Zealand citizen must first apply to be an approved Parent Sponsor. The sponsor must be:

  • at least 18 years old
  • the biological, adoptive, or step child of the parent or the child’s partner or spouse
  • usually resident in Australia
  • only sponsor two parents at any one time
  • have a minimum household taxable income threshold of $83,454.80
  • have no debts to the Commonwealth or outstanding public health debts

This application must be approved before the parent can apply for the TSPV.

The Department of Home Affairs accepted sponsorship applications as of 17 April 2019.

  1. Apply for the TSPV

A TSPV application must be lodged within 6 months of the date of approval of the Parent Sponsor.

The TSPV applicant must:

  • Meet the health criteria
  • Meet the character requirements
  • Be able to demonstrate that they are a genuine temporary entrant
  • Have and maintain adequate health insurance

Applications for the TSPV are available as of 1 July 2019.

  1. Other Features and Requirements

There is no balance of family test and no Assurance of Support is required.

As the parent is not able to work in Australia, it will be necessary to demonstrate that the visa applicant has genuine access to funds sufficient to meet the costs and expenses of their intended stay in Australia. The amount required has not yet been specified by the Department of Home Affairs.

Sponsors will be required to pay in full any outstanding public health debts incurred by their parent.

The Parent Sponsor as well as the sponsored parent will also be required to disclose any criminal history particularly offences related to family violences.

What are the application charges?

The Department of Home Affairs currently charge:

  • Sponsorship application fee – $420
  • Three year validity visa – $5000, with first instalment $1,000 and second instalment prior to visa grant of $4,000
  • Five year validity – $10,000, with first instalment $1,000 and second instalment prior to visa grant of $9,000

Conclusion

Applying for a visa is a complex process with strict eligibility criteria, legislation and regulations constantly evolving and the eligibility criteria are subject to change at short notice.

A lawyer experienced in migration law can assist greatly in explaining the process and obtaining the extensive information necessary to support your application.

Getting your application right the first time is imperative to increase the opportunity of being granted an Australian visa.

If you or somebody you know is interested in applying for a TPSV visa, or other visa type or wants more information or needs help or advice, please contact us on +61 2 9212 2422 or email info@tklegal.com