870 visa Permission to Apply in Australia in 2026: evidence and escalation

A parent can lodge a Sponsored Parent (Temporary) visa (subclass 870) application while inside Australia only if the Department of Home Affairs has issued Permission to Apply in Australia (PTA), and only if that parent is not in immigration clearance. According to the Department of Home Affairs Sponsored Parent (Temporary) visa (subclass 870) official page, as of August 2026, PTA "may be approved in exceptional circumstances", and those circumstances may include the parent having had an accident or a serious illness — in which case medical evidence must be provided — or a natural disaster preventing travel to the parent's home country.

That single sentence carries most of the practical weight. The default rule is offshore lodgement; PTA is the narrow exception; and medical evidence is the part applicants control.

What does Permission to Apply in Australia actually change?

PTA is not a visa and it is not a guarantee of a visa. It changes where a valid application can be lodged, and it shortens the deadline that applies.

Situation	Where the application must be lodged	Deadline counted from sponsorship approval
PTA granted	In Australia, but not in immigration clearance	60 days
No PTA	Outside Australia	6 months

Both cases still require an approved Parent Sponsor first, and both are lodged online through ImmiAccount. The Department can decide the application whether the applicant is in or outside Australia, as long as they are not in immigration clearance at that moment.

Who receives the PTA decision, and what must be attached?

The Department tells the approved Parent Sponsor whether PTA has been granted, at the time it approves the sponsorship. That advice comes in a Permission to Apply letter, and a copy of that letter must be attached to the visa application.

Two consequences follow. First, the parent does not receive a separate PTA approval document to rely on — the sponsor holds it, and the letter has to travel from the sponsor to the parent before lodgement. Second, if the letter is missing from the application, the onshore lodgement has no documentary basis, which matters because the 60-day clock is already running.

What counts as "exceptional circumstances"?

The official page gives two worked examples and, by its wording, does not close the list. Both examples are tied to the same underlying idea: the parent cannot depart Australia.

An accident or a serious illness, with medical evidence required.
A natural disaster that prevents travel to the parent's home country.

Inconvenience is not the test. A parent who prefers not to travel, or whose travel is merely difficult, sits outside the framing the Department uses. The circumstance has to be one that makes departure the thing the parent cannot do.

What should the medical evidence actually establish?

The official page requires medical evidence but sets out no template, no form number and no list of acceptable documents. The evidence therefore has to carry the argument on its own, and the clearest way to read the requirement is that it must show why the parent cannot depart Australia.

Suppose a parent is in hospital after a serious fall. Evidence that only names the diagnosis shows an illness exists; evidence that also states the parent is unfit to travel, for how long, and on what clinical basis, addresses the actual question the Department is asking. Timing matters for the same reason: PTA is decided alongside the sponsorship, so evidence describing a condition that has since resolved will not support a claim that departure is impossible now.

Medical evidence for PTA is separate from the health requirement for the visa itself. Health examinations are checked in ImmiAccount and may be requested before or after lodgement. Under clause 870.228 of the Migration Regulations 1994, applicants must also meet public interest criteria, with applicants outside Australia assessed against health criterion 4005 and applicants in Australia against 4007. Confirm the current criteria text on the Federal Register of Legislation before relying on that distinction.

What happens if PTA is not approved?

If the PTA request is not approved, the official page sets out two remaining paths: apply for the visa from outside Australia within 6 months of sponsorship approval, or apply for and be granted a different kind of visa in order to remain in Australia. That is the consequence the title refers to — a refused PTA request means the parent must leave Australia to lodge.

Several knock-on effects are worth working through before that departure:

Departure is not optional for lodgement. The 870 application cannot be validly lodged onshore without PTA. Staying in Australia does not preserve an onshore option.
Return cannot be assumed. While outside Australia, travel should not be arranged until the Department gives written notice that the visa is granted.
Previous 870 holders face a further wait. Anyone applying from outside Australia who has previously held this visa is not eligible for grant unless they have been outside Australia for at least 90 consecutive days since their relevant departure day. The relevant departure day depends on where the parent was when the previous visa ceased.
The sponsorship may lapse. If no application is lodged within the 6-month window, regulation 2.64B of the Migration Regulations 1994 provides that the sponsorship ends in that situation. Treat this as a reason to watch the deadline closely and confirm the current regulation.

Can the sponsor come back for PTA again?

Yes, within limits. If PTA was granted but the parent did not apply within 60 days, the approved Parent Sponsor may apply again for Permission to Apply in Australia — but only if the sponsorship is still valid and there are still exceptional circumstances for applying while in Australia.

That is the escalation route, and it is narrower than a second attempt at the same facts. A lapsed 60-day window is recoverable; a sponsorship that has ended, or a medical situation that has improved enough for the parent to travel, is not.

What does the whole thing cost, and who may charge to help?

The official page states the visa is paid in two instalments: the first when applying, the second when the Department asks for it. The visa will not be granted until the second instalment is paid, and the application will be refused if that instalment is not paid. Neither a refusal nor a withdrawal brings a refund of the application fee. For the current amount, the Department points to the Visa Pricing Estimator, which does not account for the second instalment or for health checks, police certificates and biometrics.

Help is regulated separately. Only a registered migration agent, a legal practitioner, or an exempt person may lawfully give immigration assistance for a fee; anyone may be appointed merely to receive correspondence.

This article describes published requirements rather than advising on any individual case. Sponsorship, PTA and visa outcomes turn on the specific evidence and on the rules as currently published, so the official page should be checked before acting, and personalised guidance is a matter for a registered migration agent, legal practitioner or exempt person — the categories permitted to give immigration assistance.

Frequently Asked Questions

Can I lodge a subclass 870 application inside Australia without Permission to Apply?

No. The official page requires the applicant to be outside Australia when applying unless PTA has been issued, and the applicant must not be in immigration clearance. PTA is only approved in limited circumstances, and onshore lodgement without it is not a valid application.

Is a serious illness enough on its own to get PTA?

Not automatically. The official page frames exceptional circumstances around the parent being unable to depart Australia, with a serious illness as one example of that. Medical evidence must be provided, and it is the evidence about inability to travel — not the diagnosis alone — that supports the request.

What does the medical evidence need to say?

The Department requires medical evidence but publishes no template or document list. In practice the evidence has to show that the parent cannot depart Australia, so it should identify the condition, explain why travel is not possible, and state the period that applies. Evidence that is out of date relative to the sponsorship decision is unlikely to help.

How long do I have to lodge after the sponsorship is approved?

Sixty days if PTA has been granted, and six months if it has not and the application is lodged outside Australia. Both periods run from sponsorship approval, not from the date the parent or sponsor feels ready to apply.

What happens if the PTA request is refused?

The parent must either lodge from outside Australia within 6 months of sponsorship approval or apply for and be granted a different kind of visa to remain in Australia. Travel back to Australia should not be arranged until the Department gives written notice of the grant.

Can the sponsor request PTA again if the 60 days have already passed?

Yes, if the sponsorship is still valid and there are still exceptional circumstances for applying in Australia. If the sponsorship has ended or the parent can now travel, a second request does not meet the conditions the official page sets.