Important Updates on the New Visa Law 2019 That You Must Know

The department of Australian visa announced that new (Temporary) Sponsored Parent visa subclass 870 will apply on 17 April 2019. Despite this news of new visa law from the department and confirmation for the same, it somehow was not implemented. The biggest change in context to this visa is that it did not commence on 17 April 2019.

However, these are not the only changes that have been made for the (Temporary) Sponsored Parent visa subclass 870. There are more additional changes announced and nee arrangement made for the Working Holiday Visa subclass 462 and subclass 417, which are confirmed to apply from 1st July 2019.

There are some of the crucial changes announced to the immigration law in Australia and in this post, we will discuss the same.

1. Changes in 2019 to New Partner Visa

It was once announced that the Migration Amendment Family Violence and Other Measures Bill 2016 will be commenced soon. However, it will not commence on the given date, which was 17 April 2019.

Hence, the present arrangements will continue to exist for the partner visa.

Updates to the Partner Visa Changes 2019

• As per the current law for a Partner visa, it is possible to lodge the visa application and sponsorship together as a single application. With the changes made to the new Partner visa, you will require to first file the sponsorship application for the partner visa and then wait for approval before you actually lodge the visa application for the partner visa.
• Furthermore, if you don’t possess a bridging visa, you will not be allowed to stay in Australia after the expiry of your current visa.
• You will not be permitted a BVA or Bridging Visa A for the onshore application for the partner visa, till you hold an actual visa application.
• The Department of Home Affairs holds the authority to release personal details to agencies in the home country as well as agencies in Australia, for instance, National Disability Scheme, Tax Office, Centrelink, and more.
• The partner visa sponsor is subject to legally bind the sponsorship obligations. It exposes the Sponsor to approvals, for instance, compulsory refusal to the application for sponsorship as well as exposing the sponsor to cancellation and excluding, such as meeting the requirements for character certificate.

What You Must Do Now?

Although the instigation date for the visa has been postponed, if you are searching to file an onshore Partner visa application subclass 820/801, you must still lodge the application as early as possible.

2. (Temporary) New Sponsored Parent Visa Subclass 870

Minister Coleman announced that on 1 March 2019 the sponsorship application for the new sponsored parent visa subclass 870 will commence from 17 April 2019.

Additionally, once you get approval for the sponsorship application for subclass 870, the sponsored parent will then be able to apply for the (Temporary) new Sponsored Parent visa application. This visa application will commence on 1st July 2019.

What You Must Know

• The approval for subclass 870 visa will be granted to parents to stay in Australia for up to five years at one time.
• A step parent can apply for the visa only if they are married or in a de facto relationship with the biological parent of the sponsoring Australian child.
• The test to check the balance of family is not applicable to the sponsored parent visa subclass 870.
• The arrangement for sponsored parent visa is applicable for adoptive or biological parents and step-parents of citizens in Australia, permanent residents in Australia and eligible citizens of New Zealand.
• It is mandatory for the parents to hold and maintain health insurance from Australia. The same must be valid for their desired duration of stay in Australia.
• The newly announced Parent visa is a temporary visa and it is not applicable to avail permanent residency in Australia such as the visa for Contributory Parent.

Important Requirements

In order to gain eligibility for the new parent visa, it is essential for the applicant to meet certain requirements such as:

• The parent must not hold outstanding public health debt in the country.
• It is important for a parent to meet their identity, character, and health requirements.
• They must hold approval for an application for Australian child sponsorship.

Essential Requirements for the Sponsor to Meet

• Be a step-child, adoptive, or biological child of the parent that they intend to sponsor.
• Be 18 years old or more
• Offer valid proof of their identity
• Be a citizen of Australia, a permanent resident of Australia, and eligible citizens in New Zealand
• Have stayed in Australia for a minimum of 4 years
• Meet the basic requirements for household income
• The sponsor must hold acceptance for any legal liability for outstanding debt to public health accrued by their sponsored parent.

Price for the New Sponsored Parent Visa Subclass 870

• Cost for Sponsorship – It is announced that the application cost for the new sponsored parent visa subclass 870 has changed and is now $420.

• Cost for Visa Application – The cost for a 3 years visa application is $5,000 and for a 5 years, visa application is $10,000.

New Sponsored Parent Visa Limitations

• The new sponsored parent visa is capped at 15,000 places for a year.
• The visa will reset on 1st July of every year.
• There will be no visa issued once all places are filled for a specific year.

Other Crucial Changes

Another confirmation made by the Department of Home Affairs is that from 1st July 2019, the holders of WHV or working holiday visa will be offered an option to carry specified work for 6 months in any of Australia’s regional area while they are on the second year WHV subclass 462 or subclass 417.

The specified work for 6 months must be carried on or after 1 July 2019, which implies that a successful 3rd years WHV cannot be filed before January 2020.

With a team of specialists in Australia Immigration law and a team of expert lawyers, we can take care of all your matters efficiently. Hence, schedule a consultation with us to get the necessary assistance.

Amitava Deb

• Amitava is a gold medallist from India’s premier technical institute, IIT Kharagpur.
• He has worked with some of the world’s top companies such as Sony Australia Pty. Ltd., Siemens AG Germany, Clarity International Ltd., Reliance Communications and Optus Sydney.
• Amitava is a Chartered Professional Engineer accredited by Engineers Australia. He is a full member of this esteemed association.
• He is a member of the Australian Computer Society, Tele Management Forum and Worldwide Institute of Software Architects.
• Amitava is a well-recognised name in the ICT Professional Community in Australia.