Subclass 870
The Subclass 870 visa is a temporary pathway for parents to reside in Australia with their Australian permanent resident, citizen, or ENZC children.
The 870 Sponsored Parent Visa
The Subclass 870 is a temporary visa that allows parents to visit Australia for an extended period. Unlike permanent parent visas, this subclass does not lead to permanent residency, but it offers a significantly faster processing time and does not require balance of family test.
The 870 requires a two-stage process: the sponsor must be approved before the visa application can be lodged.
Key Factors:
- Approved Sponsor: You must have an approved Parent Sponsor before you can lodge the visa application.
- Income Test: The sponsor (or the sponsor and their partner combined) must meet a minimum taxable income threshold.
- Health Insurance: Applicants must maintain adequate health insurance for the entire duration of their stay in Australia.
- Genuine Temporary Entrant (GTE): Applicants must demonstrate a genuine intention to stay in Australia temporarily for the purpose of visiting family.
- Financial Capacity: Evidence of sufficient funds to support the parent's stay in Australia.
Sponsored Parent Requirements
Applicant Requirements
What it is for: Parents of settled Australians seeking to live temporarily in Australia for an extended period.
What it allows: Stay in Australia for 3 or 5 years per visa; unrestricted travel in and out of Australia.
Key Requirements:
- Must be the biological, adoptive, or step-parent of the sponsor.
- Must be at least 18 years of age.
- Must have an approved Parent Sponsor.
- Must maintain adequate health insurance (Reciprocal Health Care is insufficient).
- Must meet health and character standards.
Length of Stay: Up to 10 years (cumulative maximum).
Work Rights: No work rights permitted.
Sponsor Requirements
Eligibility: Must be an Australian citizen, Australian Permanent Resident, or eligible New Zealand citizen who has been settled in Australia for at least 4 years.
Key Limitations:
- Income Threshold: The sponsor must have a taxable income of at least $83,454.80 (combined income with a partner or another child of the parent is permitted).
- Household Limit: A maximum of two parents can be sponsored per household at any given time.
- Obligations: Sponsors are legally responsible for any public health debts incurred by the parent in Australia.
- Criminal Record: Sponsors must declare any criminal convictions; significant records result in refusal.
Maintaining compliance
- Condition 8103 (No Work): You must not engage in work in Australia.
- Health Insurance Maintenance: Lapses inhealth insurance coverage can lead to visa cancellation.
- Cumulative Stay: Once you reach the 10-year maximum stay, you must depart Australia and cannot apply for a further Subclass 870 visa.
- Sponsor Notification: The sponsor must notify the Department of changes in their income or if the parent departs Australia permanently.
The 870 Application Process
Sponsorship Lodgement
The child applies to become an approved Parent Sponsor (requires identity and income evidence).
Sponsorship Approval
The Department approves the sponsorship (usually takes several months).
Visa Lodgement
The parent lodges the visa application within 6 months of the sponsorship approval (or 60 days if applying onshore).
Criteria Assessment
The Department assesses the parent’s health, character, and GTE status.
Visa Decision
Upon approval, the parent is granted a 3 or 5-year visa with strict no-work conditions.
For 870 Visa Applicants
The Subclass 870 requires strict adherence to the Sponsor Income Test. At Immilex, we assess your sponsor’s taxable income and financial standing to ensure this is logically documented and supported.
It is also important to plan for the Two-Stage Application Process. You cannot lodge a visa application until the sponsorship has been formally approved. Furthermore, as this is a temporary visa with a 10-year cap, it is not a direct pathway to permanent residency. If your long-term goal is to stay permanently, we recommend discussing the Contributory Parent streams to see if you can meet the Balance of Family requirements.
Frequently Asked Questions
No. Unlike the 103 and 143, the 870 is not subject to a multi-year queue, making it a much faster option for immediate reunion.
You can apply for a second Subclass 870 visa to stay for a total of 10 years, but you must be outside Australia for at least 90 days before applying for the second visa (unless a waiver is granted).
Yes, If the child’s income alone does not meet the threshold, they can combine their income with their partner’s or another child of the parent.
No. You cannot hold or apply for a permanent parent visa (such as the 103 or 143) while you hold a Subclass 870. You must carefully choose your pathway before lodging.
Manage Your Parent Visa with Care
The Parent visa involves complex requirements. Contact us at Immilex for an assessment of your evidence to ensure your application meets the Department's high standards.