Many parents visit Australia under the Sponsored Parent (Temporary) visa (subclass 870) to spend valuable time with their families. The 870 visa allows parents to stay in Australia for up to 3 or 5 years without needing to leave. However, one important limitation is that 870 visa holders cannot apply for another visa while onshore, unless they have permission.

At Stojanovic & Associates, we regularly assist families looking for longer-term solutions. Here, we explain what you need to know about applying onshore as an 870 visa holder and the possible pathways for a Temporary or Permanent Parent visa.

Understanding the 870 Visa – Key Conditions

The subclass 870 visa:

• Allows a stay of up to 3 or 5 years per visa
  
  
• Can be renewed for a maximum of 10 years in total
  
  
• Does not lead directly to permanent residency
  
  
• Includes a condition preventing onshore 870 visa applications unless permission is granted
  
  

This means once you are in Australia on an 870 visa, you cannot simply apply for another visa (such as a Parent visa or another temporary visa) while you are here unless the Department of Home Affairs gives special permission. (delete this)

Can You Apply for Another Visa Onshore?

In general, no. 870 visa holders are subject to Condition 8503 (No Further Stay) or other restrictions stopping them from applying for a new visa without leaving Australia.

However, in exceptional circumstances, it may be possible to:

• Request a waiver of the No Further Stay condition (Condition 8503), similar to the process used by visitor visa holders
  
  
• Apply for permission to lodge a different visa application while still in Australia (delete this who section little complex to discuss in short)
  
  

The Department will only grant permission if:

• There has been a major, unexpected change in your circumstances
  
  
• The change is beyond your control
  
  
• You meet all eligibility criteria for the new visa you are applying for (delete what is underlined)
  
  

Possible Visa Pathways – Parent Visas

If you are hoping to stay longer or permanently, the following options might be available:

1. Contributory Parent Visa (Subclass 143)

• Permanent visa leading to Australian permanent residency
  
  
• High visa application charges
  
  
• Long processing times (but faster than non-contributory options)
  
  
• You usually need to apply offshore, unless permission to apply onshore is granted (delete what is underlined)
  
  

2. Contributory Aged Parent Visa (Subclass 864)

• For parents who are old enough to receive the Australian aged pension
  
  
• Must meet the Balance of Family test
  
  
• Possible to apply onshore if you are already lawfully in Australia and meet requirements
  
  

3. Non-Contributory Parent Visa (Subclass 103)

• Permanent residency but extremely long processing times (up to 30+ years)
  
  
• Not ideal if you are seeking a realistic pathway to remain in Australia long-term
  
  

Why Timing Matters

If your 870 visa is close to expiring and you want to remain in Australia permanently, you must plan carefully. You should not allow your visa to expire without having another visa or bridging visa in place, otherwise you risk becoming unlawful.

Early legal advice is critical. The process to request permission, prepare waiver applications, and lodge a new visa application can be complicated and time-sensitive.

How Stojanovic & Associates Can Help

Navigating visa conditions as an 870 visa holder requires clear legal strategy. At Stojanovic & Associates, we will:

• Review your visa conditions and eligibility
  
  
• Advise if you can apply for a waiver of conditions
  
  
• Assist with permission requests and visa applications
  
  
• Represent you in communications with the Department
  
  

Every case is different, and outcomes depend on strong preparation and correct legal steps.

Contact Stojanovic & Associates today to discuss your visa options and protect your family’s future in Australia.