Updates On the New Visa Law Changes 2019

The new Sponsored Parent (Temporary) visa subclass 870 will commence from 17 April 2019 (TOMORROW).  As for the Partner visa provision, even though there was news from the department saying it will commence on 17 April 2019, IT WILL NOT BE IMPLEMENTED! The new partner visa provision WILL NOT commence on 17 April 2019.

In addition to other changes, we will cover the new arrangements for Working Holiday Visa subclass 417 and subclass 462 which is confirmed to commence from 1 July 2019.

This is one of the crucial times of the year where immigration law changes in Australia.

1.   New Sponsored Parent (Temporary) Visa Subclass 870

In contrast, the New Sponsored Parent Visa WILL commence tomorrow (17 April 2019).

On 1 March 2019, Minister Coleman has announced that sponsorship application for the new sponsored parent visa subclass 870 will be open from 17 April 2019 (TOMORROW).

In addition, once the sponsorship application for the subclass 870 visa is approved, the sponsored parent will be able to apply for the new Sponsored Parent (Temporary) visa application. The visa application will open from 1 July 2019.

Here Is What You Need to Know

  • The balance of family test DOES NOT apply to the sponsored parent visa subclass 870
  • The new Parent visa is a temporary visa and does NOT lead to permanent residency in Australia like the Contributory Parent visa
  • The subclass 870 visa can be granted to parents to remain in Australia for up to five years at a time
  • The sponsored parent visa arrangement is for parents (biological or adoptive) and step-parents of Australian citizens, Australian permanent residents and eligible New Zealand Citizens
  • A step-parent can only apply if they are still in a married/de facto relationship with a biological parent of the sponsoring Australian child
  • Parents are required to hold and maintain health insurance from an Australian provider and must be valid for their intended period of stay in Australia

What Are Some of the Requirements?

To be eligible for the new parent visa the applicant must satisfy a number of requirements including:

  • Their Australian child sponsorship application must be approved
  • Parents must meet health, character and identity requirements
  • There must be no outstanding public health debt in Australia

What Are Some of the Requirements the Sponsor Must Meet?

Furthermore, the sponsor of the new parent visa must also meet a number of requirements, including:

  • Be a biological, adoptive, or a step-child of their parent that they are intending to sponsor
  • Provide valid evidence of their identity
  • Be an Australian citizens, Australian permanent residents and eligible New Zealand Citizens
  • Be 18 years old or older
  • Have lived in Australia for at least four years
  • Meet the household income requirements
  • The sponsor must accept any legal liability for any outstanding public health debt their sponsored parent accrues

Cost of the New Sponsored Parent Visa Subclass 870

Sponsorship Cost: It is said the application cost to become a sponsor is $420

Visa Application Cost:

  • For a 3 years visa: $5,000
  • For a 5 years visa: $10,000

 Limitations of the New Sponsored Parent Visa

  • This new parent visa will be capped at 15,000 places per year
  • No visa will be issued once all the places are filled for that year
  • This will reset on 1 July of every year

2.   New Partner Visa Changes 2019

As we had covered in our previous article on the New Partner Visa Law and Sponsorship Obligation, the ‘Migration Amendment (Family Violence and Other Measures) Bill 2016’ will NOT commence on 17 April 2019.

Therefore, current arrangements for the partner visa will continue to operate from 17 April 2019.


What You Need to Know About the Partner Visa Changes 2019:

  • With the current Partner visa law, you are able to lodge the sponsorship and visa application together as one application. With the new Partner visa changes, you will need to lodge the sponsorship application for the partner visa first and wait for it to be approved before you can lodge the actual visa application for the partner visa.
  • Without the actual visa application, an onshore applicant for the partner visa will not be granted a Bridging visa A (BVA).
  • If you don’t have a bridging visa, you will not be able to remain in Australia after your current visa expires.
  • Partner visa sponsor will be subject to legally binding sponsorship obligations. This exposes the Sponsor to sanctions, for example, mandatory refusal to the sponsorship application, as well as, exposes the sponsor to cancellation and barring (e.g. meeting character requirements)
  • The Department of Home Affairs are authorized to release personal information to agencies in your home country and agencies in Australia, for example, Tax Office, National Disability Scheme, Centrelink, etc.

What Should You Do Now?

Even though the date of commencement has been postponed, if you are looking to lodge an onshore Partner visa application Subclass 820/801, you should still lodge your application as soon as possible.


3.   Opportunity to Apply for a Third Year Working Holiday Visas Subclass 417 or Subclass 462

The Department of Home Affairs has confirmed that from 1 July 2019, working holiday visa (WHV) holders will have the option to carry out 6 months of specified work in a regional area of Australia while on their second year WHV subclass 417 or subclass 462.

The 6 months regional specified work must be carried out ON or AFTER 1 July 2019.

This means that a successful third-year WHV cannot be lodged before January 2020.

Our previous post on the Changes to Australian Working Holiday Visa Program gives a deeper insight into the changes.

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