It Is Possible to Apply for A Subclass 870 visa Then Apply for the Subclass 143 Visa After?
In the explanatory memorandum of the legislative instrument which created subclass 870 visa, it was stated that the new visa “is not intended to be a pathway to any other parent category visa”.
Is the new subclass 870 visa achieving the above purpose?
To simply put “nope” as it is possible to apply for an 870 visa and then, while the application is pending, apply for a 143 visa, and vice-versa. Below is the reason why.
In the legislative instrument that introduced subclass 870 visa, following provision to Schedule 1 of the existing parent visas (e.g. subclasses 143, 173, etc.) is added:
The applicant:
(i) does not hold a Subclass 870 (Sponsored Parent (Temporary)) visa; and
(ii) if the applicant held such a visa—has left Australia since that visa ceased to be in effect.
The above provision does not stop an applicant from lodging the contributory parent visa subclass 143 in all circumstances. This only prevents the applicant to make a subclass 143 visa application while holding a subclass 870 visa. This has nothing to do with the scenario where subclass 870 visa has been applied for but not decided than the subclass 143 applicant does not “hold” an 870 visa. In this case, the above provision will not prevent the making of a valid subclass 143 visa.
However, the above provision is only the start – like Avenger: End Game Part 1 because Schedule 2 of the subclass 143 includes the following Avengers: End Game Part 2 sort of provision:
143.22—Criteria to be satisfied at time of decision
143.232 If the applicant has previously made a valid application for another parent visa, that application is not outstanding.
So, does it mean that if the subclass 143 visa applicant has a pending 870 visa application, will the subclass 143 be refused? The answer is “no” due to following reasons:
r 1.03 of the Migration Regulations 1994 (Cth) defines “parent visa” as a “visa of a class that is specified in Schedule 1 using the word ‘parent’ in the title of the visa.”
The new class of parent visa does not contain the word “parent” in the title of the visa. In fact, its title reads as follows:
Hence, the new GH (Subclass 870) is not a “Parent visa” for the purpose of above Schedule 2 provision of subclass 143 visa.
As a result, undecided 870 visa application is not a barrier under Schedule 2 of the subclass 143 visa application as well.
Vice versa, a person can apply for subclass 143 visa and while it is under processed, apply for an 870 visa. This is because there is no restriction in Schedule 1 or 2 of the Parent (Subclass 870) visa that has the same effect as Schedule 2 of subclass 143 above at the time of writing. This means that a pending parent visa application or the holding of it are not a bar to a subclass 870 visa application or grant.
How Can Agape Henry Crux Help You
If you have any questions or would like us to assist you to apply for the parent visa category , please contact us for more information.
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