870 visa re-application in 2026: offshore lodgement and exceptional circumstances

As of August 2026, according to the Australian Department of Home Affairs “Sponsored Parent (Temporary) visa (Subclass 870)” official page, a repeat Subclass 870 application must be lodged from outside Australia unless you hold Permission to Apply in Australia (PTA) and are not in immigration clearance; and if you apply from outside Australia after previously holding a Subclass 870, you cannot be granted the visa unless you have already been outside Australia for at least 90 consecutive days since your relevant departure day. Exceptional circumstances operate at two separate points: they support a PTA request to remain in Australia for lodgement, and, under subclause 870.223 of the Migration Regulations 1994 together with PAM3, they can be considered as an exemption to the 90-day rule. This article is general information only and is not tailored professional advice — your circumstances may differ, and the current official guidance or a suitably qualified professional should be relied on before you act.

Do I have to lodge a second 870 outside Australia?

Yes, unless an exception applies. The Subclass 870 page states that you must be outside Australia when you apply, unless you have Permission to Apply in Australia (PTA) and you are not in immigration clearance. You may be in or outside Australia, but not in immigration clearance, when the application is decided.

PTA may be approved in exceptional circumstances where the parent cannot depart Australia. The published examples are the parent having an accident or a serious illness, for which medical evidence must be provided, or a natural disaster preventing travel to the parent’s home country. If PTA is granted, it allows lodgement from inside Australia rather than requiring departure first. The PAM3 procedural notes also refer to a 60-day window after a PTA is granted for lodging a valid onshore application; because this timeframe appears in PAM3 and not on the public Subclass 870 page, treat it as subject to the latest official publication.

Two barriers, two exceptions

Barrier	Default position	Exceptional-circumstances route
Place of lodgement	You must lodge outside Australia.	PTA may be approved in exceptional circumstances; the published examples are accident or serious illness with medical evidence, or a natural disaster preventing travel to the home country.
90-day offshore absence after a previous Subclass 870	You must have been outside Australia for at least 90 consecutive days since the relevant departure day.	Subclause 870.223 allows exceptional circumstances to exempt this requirement; PAM3 states the delegate escalates the matter to the Family Program Management Section through a supervisor.

How is the relevant departure day counted?

If your last Subclass 870 ceased while you were in Australia, your relevant departure day is the first day you left Australia after the visa ceased. If your last Subclass 870 ceased while you were outside Australia, your relevant departure day is the last day you left Australia while the visa was still in effect. The 90 consecutive days are counted from that day. This counting rule comes from the Australian Department of Home Affairs “Sponsored Parent (Temporary) visa (Subclass 870)” official page.

How does the exceptional-circumstances exemption reach a decision maker?

Subclause 870.223 of the Migration Regulations 1994 sets the 90-day condition for an offshore applicant who previously held a Subclass 870 and makes it subject to exceptional circumstances. The PAM3 procedural notes state that this kind of exemption is not decided in isolation: the delegate discusses the case with a supervisor, records reasons, and escalates the matter to the Family Program Management Section. PAM3 also states that policy has no legal force, so a delegate may depart from policy on a case-by-case basis after consultation and recording reasons.

The result is still one decision on the whole application. Exceptional circumstances relieve only the relevant barrier — offshore lodgement or the 90-day rule — not every other criterion. Assume an applicant who was forced to return to Australia before completing 90 days outside because of a sudden serious illness. The claim would need supporting evidence, and whether it amounts to exceptional circumstances is assessed individually rather than granted automatically. No result can be promised.

What conditions must still be met?

• You must have an approved parent sponsor, because subclause 870.221 requires sponsorship by a parent sponsor; you cannot include family members in the application.
• All applicants must meet the primary criteria, as there are no secondary criteria for this visa.
• You must have sufficient funds to pay for your stay, under subclause 870.222.
• You must have adequate arrangements for health insurance for the intended stay, under subclause 870.224; PAM3 notes that “adequate arrangements” has no legislative definition and is judged case by case.
• You must have substantially complied with the conditions of your last substantive visa and any subsequent bridging visa, under subclause 870.225.
• You must genuinely intend to stay in Australia temporarily, under subclause 870.226.
• Any outstanding public health debt must be paid in full or appropriately arranged, under subclause 870.227.
• The applicable public-interest criteria must be met, including 4001, 4002, 4003, 4004, 4010, 4019, 4020 and 4021; PIC 4005 applies to offshore applicants and PIC 4007 to onshore applicants. The special return criteria 5001, 5002 and, where relevant, 5010 must also be met.
• You cannot exceed the cumulative maximum 10 years on Subclass 870 visas. If you have already held Subclass 870 visas for that cumulative period, you are not eligible for a further Subclass 870. The COVID-19 concession that extended certain visas by 18 months for holders outside Australia on 1 July 2021 does not count toward the 10-year maximum.
• The cost is paid in two instalments: the first instalment when you apply, and the second instalment when the department asks you to pay it.

How to put an exceptional-circumstances request before the delegate

1. Decide which exception you need: PTA to stay for lodgement, or an exemption to the 90-day rule, or both.
2. Check that you still have room under the 10-year cumulative Subclass 870 limit.
3. Confirm whether you must be outside Australia to lodge, or whether you already hold a PTA and are not in immigration clearance.
4. If you rely on the published PTA examples, obtain the matching evidence, such as medical evidence for an accident or serious illness.
5. Prepare a clear written submission explaining why the exceptional circumstances prevented you from meeting the normal rule.
6. Attach independent, verifiable documents that support the exceptional-circumstances claim.
7. Lodge the further Subclass 870 application.
8. Pay the first instalment when you apply.
9. Pay the second instalment only when the department asks you to.
10. Wait for the delegate to assess the whole application, including any PAM3 escalation to the Family Program Management Section.
11. Remember that no outcome is guaranteed even if exceptional circumstances are accepted on one point.

Frequently Asked Questions

Can I lodge a second Subclass 870 while inside Australia?

Generally no, because the official page requires you to be outside Australia when you apply. The exception is holding Permission to Apply in Australia (PTA) and not being in immigration clearance. PTA may be approved in exceptional circumstances such as serious accident or illness with medical evidence, or a natural disaster preventing travel home. You can be in or outside Australia, but not in immigration clearance, when the decision is made.

How is the 90-day outside period counted?

You need 90 consecutive days outside Australia counted from your relevant departure day. If your last Subclass 870 ceased while you were in Australia, the relevant departure day is the first day you left Australia after the visa ceased. If your last Subclass 870 ceased while you were outside Australia, the relevant departure day is the last day you left Australia while the visa was still in effect. Count forward from that day.

Can exceptional circumstances waive the 90-day rule?

Yes in principle, because subclause 870.223 makes the 90-day requirement for offshore repeat applicants subject to exceptional circumstances. The PAM3 procedural notes state this exemption is escalated through a supervisor to the Family Program Management Section. The delegate must still be satisfied on every other criterion, so it is a case-by-case discretion rather than an automatic approval.

What evidence should support an exceptional-circumstances claim?

The only examples published for exceptional circumstances relate to PTA: medical evidence for an accident or serious illness, or evidence of a natural disaster preventing travel to the home country. For a 90-day-rule exemption, no fixed list is published, so the submission should include whatever independent, verifiable evidence explains why the 90 days could not be completed. The stronger and more verifiable the evidence, the clearer the case for the delegate to consider.

Does an exceptional-circumstances finding guarantee another 870 visa?

No. The delegate must still approve sponsorship, funds, health insurance, temporary-stay intention, health-debt status, character and all other criteria. You also cannot exceed the 10-year cumulative stay on Subclass 870 visas. A favourable exceptional-circumstances view removes only the specific 90-day or offshore-lodgement barrier, not the rest of the requirements.

Can I include my spouse or children in a further Subclass 870 application?

No. The official page states that you cannot include family members in your visa application. Because there are no secondary criteria, each person must satisfy the primary criteria in their own right. Family reunion on this visa is limited to the sponsored parents covered by the sponsorship arrangement.

References

Australian Department of Home Affairs — Sponsored Parent (Temporary) visa (Subclass 870)

Federal Register of Legislation — Migration Regulations 1994 (Subclass 870)