870 - Sponsored Parent (temp) Visa query

[WelshBen]

Hi all - I am after some advice regarding the 870 Sponsored Parent Visa.

My mother and step father are investigating ways to spend extended  time in Australia with our family based here. They are not suitable for a permanent visa due to failing the balance on family test.

They are interested in getting the 870 visa for 5 years with a plan to potentially extend a further 5. What is putting them off is the requirement to have to leave the country for a few months in between visas.

I have read about requesting to ‘permission to apply onshore’. How does that work? And could they potentially request a further 5 years whilst remaining in Australia?

Many thanks for any advice!

[Marisawright]

4 hours ago, WelshBen said:

They are interested in getting the 870 visa for 5 years with a plan to potentially extend a further 5. What is putting them off is the requirement to have to leave the country for a few months in between visas.

Is that really such an obstacle?  As I understand it, they could just go to New Zealand for a holiday.  

[WelshBen]

The agent they spoke to told them they might need to be out of the country for up to 9 months depending on processing times, so it has spooked them a little. That is why I am curious if the permission to apply onshore is an option.

I will speak to an agent to see if I can get some advice.

[paulhand]

The Department’s view on the option to apply onshore is that it is ‘in exceptional circumstances’ only, generally meaning something has changed since they arrived in Australia which makes it impossible to leave e.g. an accident or a pandemic. Just because they, or you, would find it ‘inconvenient’ is not considered as ‘exceptional’. 

[LancsLass]

 

On 22/07/2023 at 21:04, paulhand said:

The Department’s view on the option to apply onshore is that it is ‘in exceptional circumstances’ only, generally meaning something has changed since they arrived in Australia which makes it impossible to leave e.g. an accident or a pandemic. Just because they, or you, would find it ‘inconvenient’ is not considered as ‘exceptional’. 

Paul is correct.  I have done a bit of research on this topic too as this concerns me in relation to my father's application (currently in progress).  

Exceptional circumstances also means unable to travel for medical reasons or unable to return to country of origin due to conflict or unrest etc.  The exemption has to be applied for by the sponsor prior to the visa application going in.

My understanding is that at the end of the first 3 or 5 year stay, the applicant has to leave for 90 days unless they have exemption to apply onshore.  The sponsor has to apply for new sponsorship status to be able to renew the visa and it is at this point that the request for exemption is made, so just prior to the visa expiry.  I am hopeful my Dad will still be fit enough to travel and we will arrange a holiday visiting 'home' and other relatives overseas and I might even go with him.  If he isn't well enough to travel (due to age or medical reasons) we will apply for the exemption after the 5 years initial stay.

I believe applicants can be onshore or offshore for the visa to be granted. So technically, once the application has gone in 'off shore', with a relevant tourist or visitor visa, they could return and await the 870 visa grant?

[paulhand]

5 hours ago, LancsLass said:

Paul is correct

It’s my job to be.  ;- )

[LancsLass]

17 hours ago, paulhand said:

It’s my job to be.  ;- )

[benj1980]

Hmm my in laws are looking at this option. Did I read this is going to be reviewed?