International child abduction is a heart-wrenching issue affecting countless families worldwide. In an increasingly interconnected world, it has become imperative to address cross-border disputes involving the wrongful removal or retention of children.

The Hague Convention on the Civil Aspects of International Child Abduction, often referred to simply as the Hague Convention, plays a crucial role in these cases, providing a legal framework for the prompt return of abducted children to their country of habitual residence.

The Hague Convention: An Overview

The Hague Convention was concluded on October 25, 1980, under the auspices of the Hague Conference on Private International Law. The primary aim of the Convention is to protect children from the harmful effects of international abduction by a parent or guardian and to secure their prompt return to their country of habitual residence. As of 2023, over 100 countries are parties to the Convention, demonstrating its global acceptance and importance.

Objectives of the Hague Convention

  1. Prompt Return of the Child: The Convention seeks to ensure the swift return of abducted children to their habitual residence, thereby restoring the status quo before the abduction occurred.
  2. Protecting Custody Rights: By providing a legal mechanism for the return of abducted children, the Convention reinforces respect for custody arrangements and parental rights as determined by the child’s habitual residence.
  3. Preventing Forum Shopping: The Convention aims to prevent parents from seeking a more favorable legal jurisdiction by wrongfully removing or retaining their child in another country.

Mechanisms and Procedures

The Hague Convention sets forth a clear procedure for the return of an abducted child:

  1. Central Authorities: Each signatory country must designate a Central Authority to handle applications under the Convention. The Central Authority assists in locating the child, facilitating voluntary returns, and providing legal assistance.
  2. Application Process: A parent or guardian seeking the return of an abducted child can submit an application to the Central Authority of either the child’s habitual residence or the country where the child has been taken.
  3. Judicial Proceedings: If voluntary return is not possible, the case is brought before the judiciary in the country where the child is located. The court must determine whether the child was wrongfully removed or retained and whether any exceptions to the return apply.
  4. Exceptions to Return: The Convention provides specific grounds on which a court may refuse to order the return of a child, including the risk of physical or psychological harm to the child, the child’s objections if they are of sufficient age and maturity, and if the return would violate fundamental principles relating to the protection of human rights and fundamental freedoms.

Challenges and Criticisms

While the Hague Convention has been instrumental in addressing international child abduction, it is not without challenges:

  1. Compliance and Enforcement: Ensuring compliance with the Convention’s provisions can be difficult, particularly in countries with less developed legal systems or where the Convention’s principles conflict with local laws and customs.
  2. Prolonged Legal Battles: In some cases, legal proceedings under the Convention can become protracted, leading to extended periods of uncertainty and distress for both the child and the parents involved.
  3. Psychological Impact: The process of returning a child to their habitual residence can be traumatic, especially if the child has developed significant ties in the new country.
  4. Non-Signatory Countries: The Convention’s effectiveness is limited to signatory countries. Cases involving non-signatory countries can be more complex and harder to resolve.

Notable Cases

Several high-profile cases have highlighted the complexities and emotional toll of international child abduction:

  1. Elian Gonzalez Case: Although not directly under the Hague Convention, the Elian Gonzalez case in 2000 drew international attention. Elian, a Cuban boy, was found in Florida after his mother drowned during their attempt to reach the United States. A custody battle ensued between his relatives in Miami and his father in Cuba, culminating in Elian’s return to Cuba.
  2. David Goldman Case: In 2009, David Goldman was reunited with his son Sean after a five-year legal battle. Sean was taken to Brazil by his mother, who subsequently passed away. The case highlighted the challenges of navigating international legal systems and the importance of the Hague Convention. Conclusion

The Hague Convention on the Civil Aspects of International Child Abduction remains a vital tool in addressing the complexities of international child abduction. By providing a legal framework for the prompt return of abducted children and reinforcing respect for custody arrangements, the Convention seeks to mitigate the devastating impact of child abduction on families. However, ongoing efforts to improve compliance, address legal challenges, and support affected families are essential to ensure the Convention’s continued effectiveness and humanitarian impact.

Phoenix Law & Associates are specialists in family and migration law, and can help you at a distressing time. Phoenix Law & Associates speak many languages fluently. Call 1800GETHELP. Level 16, 300 Adelaide St, Brisbane #JapaneseLawyers #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw #spanish #migrationlaw #HagueConvention

The Hague Convention is in force between Australia and the following countries:
• Albania
• Argentina
• Armenia
• Austria
• Bahamas
• Belarus
• Belgium
• Belize
• Bosnia and Herzegovina
• Brazil
• Bulgaria
• Burkina Faso
• Canada
• Chile
• Colombia
• Costa Rica
• Croatia
• Cyprus
• Czech Republic
• Denmark
• Dominican Republic
• Ecuador
• El Salvador
• Estonia
• Fiji
• Finland
• France
• Georgia
• Germany
• Greece
• Guatemala
• Honduras
• Hong Kong (China)
• Hungary
• Iceland
• Ireland
• Israel
• Italy
• Japan
• Latvia
• Lithuania
• Luxembourg
• Macau (China)
• Malta
• Mauritius
• Mexico
• Moldova, Republic of
• Monaco
• Montenegro
• Netherlands
• New Zealand
• Nicaragua
• Norway
• Panama
• Paraguay
• Peru
• Poland
• Portugal
• Republic of Korea (from 1 June 2015)
• Romania
• Saint Kitts and Nevis
• San Marino
• Serbia
• Singapore
• Slovakia
• Slovenia
• South Africa
• Spain
• Sri Lanka
• Sweden
• Switzerland
• Thailand
• The Former Yugoslav Republic of Macedonia (FYROM)
• Trinidad and Tobago
• Turkey
• Turkmenistan
• Ukraine
• United Kingdom
• United States of America
• Uruguay
• Uzbekistan
• Venezuela
• Zimbabwe.

重要なお知らせ：2024年7月1日からビザ条件8107、8607、および8608に変更が適用されます！

オーストラリア政府は、特定のビザを保有している労働者の権利と生産性を向上させるために、ビザ条件8107、8607、および8608に重要な変更を加えます。以下は、2024年7月1日から適用される主要な更新情報です。

施工開始日:　2024年7月1日**

対象ビザ

  • 一時就労（技能）ビザ（サブクラス457）
  • 一時技能不足ビザ（サブクラス482）
  • 技能雇用主スポンサー地方（暫定）ビザ（サブクラス494）

主な変更点

就職移行期間の延長:
スポンサーとなる雇用主との雇用が終了したビザ保持者は、新しい雇用主を見つけるか、他のビザを申請するか、オーストラリアを出国するための手配をするための期間が延長されます。具体的には、

  • 一度に最長180日間、または
  • ビザの有効期間内で最大365日間

柔軟な就労:
移行期間中、ビザ保持者はスポンサー以外の他の雇用主のために働くことができ、関連するノミネーション申請における職種として選択されていない職業でも働くことができます。この変更により、ビザ保持者は新しいスポンサーやビザの手配をする間も雇用を維持するための柔軟性が提供されます。

スポンサーの通知:
スポンサーは、ビザ保持者の辞職やスポンサーシップの終了など、重要な変更があった場合、28日以内に当局に通知する必要があります。これにより、当局はビザ保持者の現在の雇用状況を常に把握することができます。

職業の一貫性:
ビザ保持者は、現在のスポンサーの下で働く間、指定された職種に留まらなければなりません。また、職種に関連する必要なライセンスや登録を守る必要があります。これにより、ビザ保持者がその分野の仕事で必要とされる専門的な技術基準を維持することが保証されます。

適用範囲:
これらの変更は、既存のビザ保持者と2024年7月1日以降にビザを取得する人の両方に適用されます。特に、2024年7月1日以前にスポンサーとの雇用を終了した期間は、新しい期間には含まれません。

これらの更新は、現在のオーストラリアの労働市場（労働力不足）を反映し、しかも特定のビザ保有者のビザ条件における重要な変化を意味し、ビザ保持者に対してより多くの柔軟性と安全性を提供する一方で、スポンサーがその義務を果たすことを確保することとなります。ご自身のビザがこの変更条件の適用範囲内であるかどうか等、ビザに関するご質問は当所まで。

Important Update: Changes to Visa Conditions 8107, 8607, and 8608 Starting 1 July 2024

The Australian Government has implemented significant changes to visa conditions 8107, 8607, and 8608, aimed at enhancing worker rights and productivity. Here’s an overview of the key updates that took effect from 1 July 2024:

Effective Date:
1 July 2024

Impacted Visas:

Temporary Work (Skilled) visa (subclass 457)

Temporary Skill Shortage visa (subclass 482)

Skilled Employer Sponsored Regional (provisional) visa (subclass 494) Key Changes:

Extended Time for Job Transition:
Visa holders who cease employment with their sponsoring employer now have increased flexibility to secure new employment or make alternative arrangements. They will have:

  • Up to 180 days at a time, or
  • A maximum of 365 days in total across the visa grant period

During this time, they can find a new sponsor, apply for a different visa, or arrange to depart Australia.

Work Flexibility:
During the transition period, visa holders can work for other employers, including in occupations not listed in their most recent sponsorship nomination. This change provides greater flexibility for visa holders to maintain employment while they secure a new sponsorship or visa arrangement.

Sponsor Notification:
Sponsors must inform the Department of any significant changes within 28 days. This includes situations where a visa holder resigns or when the sponsorship arrangement ceases. This ensures the Department is kept up-to-date with the current employment status of the visa holder.

Occupational Consistency:
Visa holders must remain in their nominated occupation while working for their current sponsor. They must also adhere to any required licenses or registrations relevant to their occupation. This requirement ensures that visa holders maintain the professional standards expected in their field.

Applicability:
These changes apply to both existing visa holders and those granted visas on or after 1 July 2024. Importantly, any periods during which a visa holder ceased working for their sponsor before 1 July 2024 will not count towards the new time periods.

Conclusion:
These updates represent a significant shift in visa conditions, providing greater flexibility and security for visa holders while ensuring sponsors meet their obligations. The extended time for job transition and increased work flexibility will likely be welcomed by many visa holders, offering them more time and options to secure their future in Australia.

It’s not always easy to gain an Australian Visa, so you do need expert advice – if there is a way we will find it. Phoenix Law & Associates speak Japanese fluently – and many other languages. Call 1800GETHELP. Level 8 , 300 Adelaide St, Brisbane #homeconveyancing #JapaneseLawyers #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw #spanish #immigration

Beginning May 10, 2024, prospective students and their guardians aiming to study in Australia will need to meet revised financial capacity requirements. This adjustment comes as part of the Australian government’s efforts to ensure that international students have adequate financial resources to sustain themselves during their studies in the country. The amendment aligns the financial capacity requirement with 75 percent of the national minimum wage, providing a clearer indication of the funds necessary to maintain a basic standard of living while pursuing education in Australia.

Updated financial capacity requirement

The updated financial capacity requirement reflects a consideration for the fact that students spend approximately 25 percent of the year out of course sessions. During this time, they may choose to return to their home countries or engage in unrestricted work opportunities, enabling them to support themselves financially. By recalibrating the financial threshold in this manner, the Australian government aims to empower international students to make informed decisions about their educational journey and mitigate various challenges commonly associated with insufficient financial resources.

One of the primary benefits of the increased financial capacity requirement is the potential reduction in financial distress experienced by international students upon arrival in Australia. Adequate financial preparation ensures that students can meet their living expenses without resorting to excessive work hours, which could otherwise compromise their academic performance and visa compliance. Moreover, the adjustment aims to safeguard students from the risks of exploitation in the workplace, as they are less likely to seek unauthorized employment due to financial pressures.

Increased minimum required funds

The subsequent table will outline the increased minimum required funds necessary to fulfill the financial capacity requirement.

 Financial capacity requirement before 10 May 2024Financial capacity requirement after 10​​ May 2024
primary applicantAUD24,505AUD29,710
spouse or de facto partner of the Student primary applicant (not applicable to Student Guardian applicant)AUD8,574AUD10,394
dependent childAUD3,670AUD4,449
annual school costsAUD9,661AUD13,502
personal annual income if there is no member of the familyAUD72,465AUD87,856
personal annual income where there is a member of the family unitAUD84,543AUD102,500

Table retrieved from Department of Home Affairs Website. https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1196

It’s important to note that applications lodged before May 10, 2024, will be assessed based on the financial capacity requirements in effect at the time of application. However, prospective students and their guardians are encouraged to familiarize themselves with the updated requirements to ensure compliance and avoid any potential discrepancies.

In conclusion, the increase in the financial capacity requirement for Australian student visas represents a proactive step towards enhancing the overall well-being and experience of international students studying in the country. By aligning the financial threshold with a proportion of the national minimum wage, the Australian government aims to foster a supportive environment conducive to academic success and personal development for all international students.

For more detailed information, applicants are directed to refer to the Subclass 500 Student visa and Subclass 590 Student Guardian visa guidelines provided by the Australian government. Alternatively, prospective applicants can contact our office by either calling us on 07 3138 0908 or email us at info@phoenix-law.com.au.

The landscape of worker visas is undergoing a seismic shift, with chicken farmers and music instructors finding favour, while traditional roles like chefs and managers are left off the list. We may see the new era of the Skills in Demand Visa, slated to replace the Temporary Skill Shortage (Subclass 482) Visa in 2024. This new visa promises a four-year stint for skilled workers across three distinct streams, paving the way for Permanent Residency for all eligible applicants.

The government’s aim to streamline employer-sponsored visas hit a snag with the unveiling of the initial job list, drawing concern from sectors like construction facing acute labour shortages. Despite assurances of prioritising migrants with sought-after skills, the draft list raised eyebrows among employer groups and international students alike.

Under the Skills in Demand Visa umbrella, three pathways emerge: the Specialist Skills Pathway, catering to top-tier professionals commanding a minimum salary of $135,000; the Core Skills Pathway, featuring an updated occupation roster and a salary threshold starting at $70,000; and the Essential Skills Pathway, tailored for lower-wage earners.

While IT professionals and accountants may find themselves initially sidelined, salvation could come in the form of a government proposal granting visas to individuals earning over $130,000, regardless of their field. However, the Hospitality sector stands poised to challenge this plan, underscoring the vital role migration plays in sustaining many eateries and cafes.

Acknowledging the labyrinthine complexity of the current visa system, newly appointed ministers have pledged a simplified approach, echoing Minister for Home Affairs Clare O’Neil’s sentiment on untangling the “bowl of spaghetti” comprising convoluted visa classes and eligibility criteria.

December ushered in a clearer roadmap, condensing work visas into three streamlined streams. The top tier beckons migrants with prospective employers willing to shell out over $130,000, offering a visa irrespective of occupation. On the flip side, those earning below $70,000 may secure visas under specific circumstances, such as in aged care. For earners falling between the $70,000-$130,000 bracket, entry hinges on a revamped jobs list spotlighting high-demand skills and scarce expertise.

Gaining an Australian Visa may be a very complex business. Phoenix Law & Associates have skilled migration lawyers to assist you, who speak your language and understand your culture – Urdu, Hindi, Pashtu, Farsi, Mandarin, Cantonese, Korean, Japanese – English, Portuguese, and Romanian – to help you.

CALL 1800GETHELP | Level 16, 300 Adelaide St, Brisbane City| https://www.phoenix-law.com.au/ #WorkerVisa #Migration #AustraliaVisa #BrisbaneLawyers #Urdu #Hindi #Pashtu #Mandarin #Cantonese #Korean #Japanese #Portuguese #Romanian #FamilyLaw

Sumérjase en una celebración de la cultura hispana. Vea el programa completo en https://www.facebook.com/spanishfilmfestival

y cuando necesite ayuda con asuntos legales ? ¡Phoenix Law & Associates habla su idioma ! LLAMENOS AHORA +61 (07) 3180 0908 | 1800-GET-HELP |e; info@phoenix-law.com.au |Nivel 16 300 Adelaide Street, Brisbane QLD.

La noche de apertura comienza con los muy vistos Antonio Banderas y Penélope Cruz en un estreno australiano – Competencia Oficial. Cuando un rompecorazones de Hollywood y un actor de teatro radical se juntan, las chispas saltan en esta comedia juguetona y afilada que ridiculiza la riqueza, el arte y el orgullo.

A un click de distancia (Language Lessons) es una comedia premiada sobre una profesora de español y su alumno. La estrella más destacada ? Penélope Cruz en sus tres propuestas, dos de ellas protagonizadas también por su marido en la vida real, Javier Bardem. El dúo más oscarizado de España, hizo historia este año, (junto con Kirsten Dunst y su otra mitad, Jesse Plemons) cuando ambos fueron nominados en los Oscar de 2022.

Visita https://www.facebook.com/spanishfilmfestival/videos/1074077506513916 para participar en un concurso que te llevará durante 18 días a España, Portugal y Marruecos. Es un viaje para dos personas con fecha de salida en 2023.

PLANNING TO MIGRATE to AUSTRALIA?  Skilled Workers? Now is a very good time, as Australia relaxes its international borders and faces real skill shortages.  More workers have left Australia than ever, and not only have less skilled workers arrived in Australia but more are leaving.

With 14,400 workers leaving Queensland alone, local businesses face critical shortages, particularly in health, hospitality and in the regions. Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alex Hawke said “The changes complement the government’s recent announcement that fully vaccinated eligible temporary and provisional visa holders may enter Australia without a travel exemption from 1 December 2021.”

TALK TO THE PHOENIX LAW MIGRATION TEAM NOW. Contact your Multilingual friendly legal experts at PHOENIX LAW & ASSOCIATES – CALL 1800GETHELP See https://www.phoenix-law.com.au/ or email  info@phoenix-law.com.au #immigration #Australia #Australianimmigration #migrationvisa #PartnerVisa #LawyersBrisbane #spanish #portuguese #mandarin

 

Australia, like the rest of the developed world, faces massive skill shortages, the loss of migrants from Australia is of concern to businesses. In the data released on Friday, 17 December, it was revealed that Australia recorded a net loss of 88,800 people in 2020-21 due to the impact of COVID on overseas migration.

ABS Director Migration Statistics, Jenny Dobak, said the figures show there were more people departing from, than arriving into, Australia during the pandemic, reversing the historical migration pattern. “During the COVID-19 pandemic, many historical patterns of migration have changed,” she said. “Contrast this to 2018-19, prior to the pandemic, when the country recorded a net gain of 241,300 people.”

Nationally, when compared with a year ago, emigration fell 25% (234,600 from 314,200) and immigration fell 71% (145,800 from 506,900).  “In the decade prior to the pandemic, there was an annual net gain from overseas migration for each state and territory,” Ms Dobak said.  “However in 2020-21, during the pandemic, there was a decline in net overseas migration in every state and territory.”

Victoria lost the highest number of migrants recording a loss of 56,100, followed by Queensland (14,400), WA (5,600), NSW (5,500), SA (3,300), ACT (3,100), Tasmania (440) and the Northern Territory (380).

​​Last month, the Office of Home Affairs said it was updating its Migration Program to try and support the economic recovery impacted severely by the loss of migrant skilled workers. The Office said it was aiming to attract 79,600 skilled workers into the country in 2022 – about half the 160,000 migration places it was forecasting.

Of those, 22,000 were allocated to employer-sponsored workers and 13,500 were to be set aside for the business innovation and investment program. It was also changing the visa rules for migrant skilled workers still in Australia.

Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alex Hawke said these measures recognise the contribution of skilled migrants who remained here during the COVID-19 pandemic and encourage them to stay in Australia.

“Eligible skilled workers, already in Australia, will continue to support local businesses facing critical shortages, particularly in health, hospitality and our regions,” Mr Hawke said. “This recognises the economic value-add of these critical workers, and retaining them will greatly assist in Australia’s economic recovery.”

“The changes complement the government’s recent announcement that fully vaccinated eligible temporary and provisional visa holders may enter Australia without a travel exemption from 1 December 2021,” he said.

These visa changes will improve access to permanent residence for:

Existing Temporary Skill Shortage (subclass 482) visa holders in the short-term stream; and

Legacy Temporary Work Skilled (subclass 457) visa holders who no longer meet the age requirement.

“This is a special concession recognising those highly skilled migrant workers who chose to stay in Australia throughout the pandemic while continuing to address Australia’s acute shortages. This allows them to stay here, with a pathway to Australian citizenship,” Mr Hawke said.

“There are currently about 20,000 primary Temporary Skill Shortage and 457 visa holders in Australia who may benefit from these arrangements. Most of these workers are employed in the highest-skilled occupations and the largest cohorts of workers benefiting from these changes include those currently employed in the health and hospitality industries, including many workers in regional Australia.”

In October, KPMG said the government’s Centre for Population forecasts positive migration will only return in the 2022-23 financial year.

KPMG’s head of immigration services, Belinda Wright, said border closures had severely affected Australia’s migrant program.

She said before the pandemic, Australia had already been falling behind other countries in its ability to attract and retain skilled migrants and travel restrictions had only made that worse.

With thanks, Business Australia.

TALK TO THE PHOENIX LAW MIGRATION TEAM NOW. Contact your friendly multilingual legal experts at PHOENIX LAW & ASSOCIATES – CALL 1800GETHELP See https://www.phoenix-law.com.au/ or email  info@phoenix-law.com.au #immigration #Australianimmigration #migrationvisa #PartnerVisa #LawyersBrisbane

Lunar New Year is on Friday 12 February this year and it’s the lucky Year of the Ox.

It’s called the Lunar New Year because it marks the first new moon of the lunisolar calendars which are regulated by the cycles of the moon and sun. The Lunar New Year (often called Chinese New Year) is celebrated by many East Asian countries.

The zodiac sign of the Ox occupies the second position in the Chinese Zodiac. Those born under the influence of the Ox are fortunate to be stable and persevering.

The typical Ox is a tolerant person with a strong character.

Oxen are the hard workers in the background, intelligent and reliable, but never demanding praise. Years of the Ox are: 1925, 1937, 1949, 1961, 1973, 1985, 1997, 2009, 2021. Were you born in the “Year of the Ox”?

Members of our team born in the year of the Ox are your best advocates, intelligent, reliable, guiding you in your legal and life decisions.   At Phoenix Law & Associates, we have a multilingual team to help you rise from the ashes.

Chinese Zodiac Calendar
While you may have heard of the 12-year Chinese zodiac calendar, represented by 12 different animals, it’s actually far more complicated. A year isn’t just categorized by its zodiac animal. There’s also a complex sexagenary cycle — a combination of one of 10 heavenly stems and one of 12 earthly branches.
For example, February 12 marks the beginning of the xin chou year, according to the sexagenary cycle. “Xin” represents the heavenly stem for the element metal, while “chou” is the earthly branch symbol for ox, making it the Year of the Metal Ox.
Thierry Chow, a Hong Kong-based feng shui master
“The year of xin chou will have a strong emphasis on the yin metal element,” she says. “The metal element represents anything sparkly from jewelry to the needle of a syringe. So we can see a bigger emphasis on industries related to metal in 2021.
“The ox, in Chinese culture, is a hardworking zodiac sign. It usually signifies movements so, hopefully, the world will be less static than last year and get moving again in the second half of the year.”
Many people take the 60-year calendar very seriously and believe each person’s own birth sign will be affected differently by the year’s heavenly stems and earthly branches. So the calendar plays an important role in making huge life decisions for the year ahead, such as whether they should get married or start a business.

Lunar New Year 2021 The Year of the Ox

February 12 marks the start of the Year of the Metal Ox.
Normally, Lunar New Year fairs will be set up during the last days of the lunar year, most selling trinkets and flowers for the new year. But because of the pandemic, many cities have downsized or cancelled their festivities.
The year usually wraps up with a big family reunion dinner on Lunar New Year’s Eve, which falls on February 11 this year.
The Menu
The menu is carefully chosen to include dishes associated with luck, including fish (the Chinese word for it sounds like the word for “surplus”), puddings (symbolizes advancement) and foods that look like gold ingots (like dumplings).
Do wear red, don’t wash your hair. or buy shoes.
Families tend to have different sets of rules and traditions, but most will bless each other with auspicious words like “san tai gin hong” or “shen ti jian kang” (wish you good health).
There are plenty of other rules and superstitions attached to the Lunar New Year. For instance, don’t wash or cut your hair on the first day of the new year. The Chinese character for hair is the first character in the word for prosper. Therefore washing or cutting it off is seen as washing your fortune away.
You’ll also want to avoid purchasing footwear for the entire lunar month, as the term for shoes (haai) sounds like losing and sighing in Cantonese. Do, however, wear red. It’s associated with luck and prosperity.
All year round,  Phoenix Law & Associates work hard to help you with your prosperity, business decisions and legal needs. 

 

Are you trying to bring your parent to Australia?

 

Last week, the Australian government officially announced a new parent visa subclass: The 870 Sponsored Parent Visa.

The 870 visa gives the opportunity for parents of all ages to spend up to five years in Australia with their children. And, to make this visa more appealing, the government has dropped some of the major restrictions other parent visa categories carry.

So, what is the 870 Sponsored Parent visa and who is eligible to apply for it?

 

What makes this visa different?

Unlike other parent visas, the 870 visa doesn’t require the parent to meet the “Balance of Family” rule. Instead, the sponsored parent just needs to have a child (biological, adopted or step-child) who is an Australian citizen, permanent resident, or eligible New Zealand citizen who has been living in Australia for four years.

This is good news for children who have been living in Australia for many years but still have the majority of their brothers and sisters living overseas.

Another important difference between the 870 visa and other parent visas is this visa doesn’t put minimum or maximum age restrictions on the parents – a rule that has previously prevented many migrant’s parents from coming to Australia.

And, while this visa does not lead to permanent residency, eligible parents can stay for the full 5 years, leave the country, then apply for another 5-year visa, meaning they can enjoy a maximum period of 10 years with their children and grandchildren in Australia.

 

What is the application process?

The first step towards obtaining an 870 Sponsored Parent visa is getting the child approved as a sponsor. This will require the child to:

  • Undergo police checks and;
  • Prove they are earning a taxable income of $83,454.80 or more (this can be joint family income).

Then, once the child has been approved as a sponsor, the second step is to lodge the parent’s application within six months of their sponsor’s approval.

When lodging an 870 Sponsored Parent visa application, the parents must be able to prove they:

  • Have sufficient income to provide for themselves while living in Australia, as the 870 visa doesn’t grant the parents any right to work in Australia
  • Meet the government’s health requirements and get private health insurance
  • Meet the government’s character requirements.
  • Have no debt owing to the Australian government (exemptions can be made if repayment arrangements are in place).

 

When can I apply?

While sponsor applications are open now, visa applications can only be lodged after 1st of July.

If you are considering applying for an 870 Sponsored Parent visa, it’s important you take steps to submit your application as early as possible because only 15,000 of these visas will be granted this year.

 

How much does an 870 Parental Visa application cost?

There are two main application fees for this visa:

  • Sponsorship application fee: $470
  • Visa application fee: $5000 for a three-year visa or $10,000 for a five-year visa (this fee is paid in two parts, one upon application and the second prior to being granted).

With such substantial sums of money on the line, many applicants prefer not to risk preparing their own application and use a migration agent instead.

 

How long does it take to be approved for an 870 Sponsored Parent Visa?

As this is a new subclass of visa, there is currently no information available about processing times. It is expected that applicants will receive more information about wait times at least three months after the applications open.

 

How do I get started?

To find out more about this visa type, or to explore other visas that might be better suited to your needs, get in touch with a migration agent at Phoenix Law & Associates.

We’ve helped thousands of people live, work, study and holiday in Australia, and we specialise in helping people who don’t speak English as their first language apply for visas.

Our team includes:

  • Mandarin speaking lawyers
  • Cantonese speaking lawyers
  • Japanese speaking lawyers
  • Farsi speaking lawyers
  • Dari speaking lawyers
  • Hindi speaking lawyers
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