Parent Visa - Changes Reversed

Parent Visas – Controversial changes reversed

In April 2018, the Turnbull Government sent shockwaves through migrant communities when it quietly introduced significant changes to the parent sponsorship rules.

Frightening changes

Introduced virtually without warning, by Social Services Minister Dan Tehan, and effective from April, these changes substantially impacted the annual earning requirements for sponsoring residents in order for them to bring their parents to Australia on a visa. Instead of the previous annual earning minimum of $45,185, individuals would be required to earn $86,606 and couples $115,475.

Scrapped within less than one month

Whilst Minister Tehan’s motives were fundamentally sound, the changes were not well-received; not by those affected and not by their Government representatives. The Greens, The Labor Party and an alliance of crossbenchers joined to provide sufficient opposition to see all changes potentially defeated in the Senate, so the Government strategically withdrew.

Minister Tehan has now undertaken to write a legislative instrument, prior to May 23rd, stating that The Government will “replicate the circumstances as they were prior to April 1st”.

And for applications assessed while these guidelines stood?

All determinations adversely affected by the short-term implementation of these increased earning requirement guidelines will now be reassessed under the pre-existing guidelines. No applicants will therefore be disadvantaged by the attempted increase and the subsequent backflip.

The experience does however, serve to highlight the need to maintain strong vigilance over matters being transacted through the immigration system, to closely follow the ebb and flow of regulatory changes and to be prepared to challenge when rights are under threat.

It always pays to have professional support

In the complex and constantly changing world of immigration law, nothing is simple. It really does pay dividends therefore, to obtain expert assistance; skilled practitioners who are specialised in the field, comprehensively trained to recognise the traps and the trends. It can save so much time and avoid so much unnecessary expense.

For more information on this or on any relating issues, contact the migration experts – Sellanes Clark and Associates – specialising in all immigration matters.

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