Subclass 870 — Sponsored Parent (Temporary)

870.1—Interpretation

Note 1: For parent sponsor, see regulation 1.03 and for has an outstanding public health debt, see regulation 1.15K. Note 2: There are no interpretation provisions specific to this Part.

870.2—Primary criteria

Note 1: All applicants must satisfy the primary criteria. Note 2: All criteria must be satisfied at the time a decision is made on the application.

870.221

The applicant is sponsored by a parent sponsor.

870.222

The applicant has access to sufficient funds to meet the costs and expenses of the applicant’s intended stay in Australia.

870.223

(1) If:

(a) the applicant is outside Australia at the time of application; and

(b) the applicant previously held a Subclass 870 visa; and

(c) there are no exceptional circumstances;

the applicant has been outside Australia for at least 90 consecutive days since the relevant departure day of the applicant.

(2) The relevant departure day of an applicant is:

(a) if the applicant was in Australia when the last Subclass 870 visa held by the applicant ceased to be in effect—the first day on which the applicant left Australia after that visa ceased to be in effect; or

(b) if the applicant was not in Australia when the last Subclass 870 visa held by the applicant ceased to be in effect—the last day on which the applicant left Australia while that visa was in effect.

870.224

The applicant has adequate arrangements for health insurance during the period of the applicant’s intended stay in Australia.

870.225

The applicant has complied substantially with the conditions to which the last of any substantive visas held by the applicant, and any subsequent bridging visa held by the applicant, were subject.

870.226

The applicant genuinely intends to stay in Australia temporarily.

870.227

Either:

(a) the applicant does not have an outstanding public health debt; or

(b) if the applicant has an outstanding public health debt—the debt has been paid in full or appropriate arrangements have been made for its payment.

870.228

(1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4010, 4019, 4020 and 4021.

(2) If the applicant was not in Australia at the time the visa application was made— the applicant satisfies public interest criterion 4005.

(3) If the applicant was in Australia at the time the visa application was made—the applicant satisfies public interest criterion 4007.

870.229

The applicant satisfies special return criteria 5001, 5002 and 5010.

870.3—Secondary criteria: Nil

Note: All applicants must satisfy the primary criteria.

870.4—Circumstances applicable to grant

870.411

The applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted. Note: The second instalment of the visa application charge must be paid before the visa can be granted.

870.5—When visa is in effect

870.511

(1) Temporary visa permitting the holder to travel to, enter and remain in Australia on one or more occasions during the period:

(a) starting on the day the visa is granted; and

(b) subject to subclauses (2), (2A) and (3), ending on the date specified by the Minister.

(2) The Minister must not specify a date under paragraph (1)(b) that:

(a) is more than 5 years after the day the visa is granted; or

(b) would result in the total period of effect of the Subclass 870 visas held by the applicant (other than any visa that, in accordance with subclause (2A), ceased to be in effect 18 months after the date specified under paragraph (1)(b) for the visa) exceeding 10 years.

(2A) If:

(a) the visa is in effect on 1 July 2021; and

(b) the holder of the visa is outside Australia on 1 July 2021;

then, subject to subclause (3), the period of effect of the visa ends 18 months after the date specified under paragraph (1)(b) for the visa.

(3) If an item of column 1 of the following table applies in relation to the holder of the visa, then the period of effect of the visa ends at the time mentioned in column 2 of the item if that time is earlier than:

(a) if paragraphs (2A)(a) and (b) apply—18 months after the date specified under paragraph (1)(b) for the visa; or

(b) in any other case—the date specified under paragraph (1)(b) for the visa.

End of period of effect Item Column 1 Column 2 1 The approval of the parent sponsor of the holder is 35 days after the cancellation cancelled 2 Both: 35 days after Immigration receives

(a) the parent sponsor of the holder withdraws the notification, in writing, of the parent sponsor’s sponsorship of the holder; and withdrawal

(b) within 35 days after Immigration receives notification, in writing, of the withdrawal, no other person makes a relevant sponsorship application in relation to the holder

End of period of effect Item Column 1 Column 2 3 All of the following: 35 days after:

(a) the parent sponsor of the holder withdraws the (a) if the applicant applies for parent sponsor’s sponsorship of the holder; review of the Minister’s

(b) within 35 days after Immigration receives decision—the application for notification, in writing, of the withdrawal, another review is finally determined and person makes a relevant sponsorship application in the Minister’s decision is relation to the holder; affirmed; or

(c) the Minister decides to refuse the application (b) otherwise—the Minister’s decision is made

4 Both: 90 days after the death

(a) the parent sponsor of the holder dies; and

(b) within 90 days after the death, no other person makes a relevant sponsorship application in relation to the holder

5 All of the following: 35 days after:

(a) the parent sponsor of the holder dies; (a) if the applicant applies for

(b) within 90 days after the death, another person review of the Minister’s makes a relevant sponsorship application in decision—the application for relation to the holder; review is finally determined and the Minister’s decision is

(c) the Minister decides to refuse the application affirmed; or

(b) otherwise—the Minister’s decision is made

(4) For the purposes of this clause, a person makes a relevant sponsorship application in relation to the holder of a visa if the person:

(a) makes an application in accordance with the process referred to in regulation 2.61A that specifies the holder as a person whom the person intends to sponsor; or

(b) makes an application in accordance with the process referred to in regulation 2.66 that relates to the holder.

870.6—Conditions

870.611

The visa is subject to conditions 8103, 8303, 8501, 8531, 8564 and 8609.