Overview

The Migration (LIN 19/147: Arrangements for Sponsorship for Temporary Sponsored Parent Visa) Instrument 2019 was enacted to provide clarity and procedural guidelines for the sponsorship of a Temporary Sponsored Parent Visa (Subclass 870). This instrument was made under the authority of the Migration Regulations 1994 and aims to streamline the process for family sponsors to apply for approval, ensuring that the correct application form and fee are used. The policy objective is to support the implementation of the new visa subclass by providing a clear pathway for sponsorship applications, thereby facilitating the visa process for temporary parent sponsorships. The instrument was developed following consultations with various government agencies and community stakeholders, as mandated by section 42 of the Legislation Act 2003, and is subject to disallowance. A Statement of Compatibility with Human Rights has been provided to ensure the instrument aligns with international human rights standards, recognising that while the instrument itself is a technical measure, the human rights implications of the visa subclass were considered in the broader regulatory framework.

Scope and Application

The Migration (LIN 19/147: Arrangements for Sponsorship for Temporary Sponsored Parent Visa) Instrument 2019 is a legislative instrument under the Migration Regulations 1994, specifically designed to outline the process for the approval of family sponsors for a Temporary Sponsored Parent Visa (TSPV). This instrument applies to individuals or entities seeking to sponsor a parent for a TSPV, which is a subclass 870 visa, and mandates the use of a specified application form and fee. The instrument was developed following consultations with various government agencies and community stakeholders, ensuring its provisions align with the broader migration policy objectives and human rights considerations. The instrument is subject to disallowance and a Statement of Compatibility with Human Rights has been provided, confirming that it does not engage human rights beyond being a technical measure to support the new visa subclass. This instrument, which commenced on 17 April 2019, is part of the broader legislative framework governing temporary migration arrangements in Australia.

Key Provisions

The Migration (LIN 19/147: Arrangements for Sponsorship for Temporary Sponsored Parent Visa) Instrument 2019 (subregulation 2.61A(4)) establishes the formal procedures for approving family sponsorship for the Temporary Sponsored Parent Visa (TSPV) under the Migration Regulations 1994. Specifically, it details the required application form for sponsorship approval (section 2.61A(3)(b)) and specifies the associated application fee (section 2.61A(3)(c)). This instrument is designed to ensure that all applications for TSPV sponsorship are submitted in the correct format and that applicants are aware of and pay the requisite fees, thereby streamlining the application process and ensuring compliance with regulatory standards. Under this instrument, prospective sponsors must adhere to the prescribed application form and pay the specified fee to be considered for approval as a family sponsor. This obligation ensures that all applications are uniform and contain the necessary information required for the assessment process, allowing for consistent evaluation by the relevant authorities. The instrument also mandates that the application must be submitted with the correct documentation and information to avoid delays or rejections. Failure to comply with the requirements set forth in this instrument can result in significant consequences. While the specific penalties for non-compliance are not detailed within the instrument itself, breaches of the Migration Regulations 1994, which this instrument supports, may lead to civil or criminal penalties. Such penalties can include fines and imprisonment, depending on the severity of the breach. Sponsors who do not adhere to the application process and fee payment as specified may face additional administrative consequences, such as delays in the visa processing for the sponsored parent or even refusal of the sponsorship application. These potential outcomes underscore the importance of strict compliance with the regulatory requirements outlined in the instrument.