The proposal for a New Australian Temporary Parent visa released by the Federal Government has been welcomed as an additional visa option for overseas parents. The Department of Immigration and Border Protection (DIBP) has published a discussion paper, ”Introducing a temporary visa for parents” regarding a new temporary visa for parents of Australian citizens and permanent residents. The DIBP has invited the public to provide feedback regarding the development of the proposed new Temporary Parent visa which is now under discussion.
The proposed Temporary Parent visa will be a five year visa and is intended to enhance arrangements for parents of Australians to spend time with family in Australia without creating a ‘cost burden’ to the Australian economy.
Current Australian Parent Visa Options
Currently, the primary visa options accessed by parents of Australian citizens and permanent residents include:
- Visitor Visas: Parents currently have the option of using Visitor (Subclass 600) visas to spend time with their children in Australia. Visitor visas are not designed to allow a person to stay in Australia for longer than12 months.
- Parent (non-contributory) visas: This visa includes the Parent (subclass 103) visa for offshore applicants, and the Aged Parent (subclass 804) visa for applicants in Australia. The demand for this visa far outweighs the number of available places and new applicants can expect to wait approximately 30 years before a decision can be made on their application.
- Contributory Parent visas: This visa is for parents who are able to pay a higher application fee to obtain their visa. These visa applications are generally finalised within two years from time of lodgement. Applicants for this visa pay a total application fee of $47,295 for the main applicant and $44,845 for their spouse or de facto partner.
- Investor retirement (subclass 405) visa: This visa is a temporary visa for people aged 55 years or older. Applicants must have a minimum income of $65,000 and assets of at least $750,000 (or $50,000 and $500,000, respectively, for applicants who intend to live in a regional area). Applicants for this visa are also required to make a significant long-term financial investment into a state or territory government treasury bonds.
Proposed Requirements of the New Australian Temporary Parent Visa
The exact requirements of the proposed new Australian Temporary Parent visa are still being developed. The discussion paper has suggested that the new visa should include the following requirements for future applicants:
Sponsorship
To be eligible for a Temporary Parent visa, it is proposed that the applicant must be sponsored by their Australian child who must meet the following requirements:
- The sponsor must have been living in and contributing to Australia for a number of years. This is to ensure sponsors have had sufficient time to become engaged with the Australian community and to contribute to Australia financially. A longer period of contribution in Australia would provide a higher priority in eligibility; and
- The sponsor will be required to show they can support their parents, if necessary. This will include income and asset assessments.
Bond Arrangements
It is proposed that sponsors should be required to provide a financial bond as a debt security. This will enable the Australian Government to recoup costs where sponsorship obligations have not been honoured. It is suggested that the bond amount be ‘significant’ in order to cover a parent’s potential health costs over a five year period.
Visa Application
It has been proposed that the new Temporary Parent visa be granted with a stay period of up to five years, but that it could also be granted for periods of one, three or five years.
The length of the visa would be determined by the following factors, including:
- the needs of the applicant or their sponsoring child;
- the capacity of the applicant and/or their sponsoring child to support their stay in Australia;
- the health and age of the visa applicant; and
- the applicant’s previous immigration history.
Development of the New Temporary Parent Visa
This visa is still in the discussion stage and consultations will continue regarding the specific requirements for this proposed visa. The Australian Government is still in the process of determining whether and under what terms this new Temporary Parent visa will come into effect and is currently accepting submissions, with submissions being due by midnight 31 October 2016.
The introduction of the proposed Temporary Parent visa would be welcomed by many Australians with parents overseas as it would provide an alternative parent visa to the current limited options available to parents of Australian citizens and permanent residents.
For advice regarding Australian visas, please do not hesitate to contact us at info@hartmanlawyers.com.au for Australian immigration assistance.
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