Australian Immigration Law

This article provides advice on possible options for extending your stay in Australia and obtaining permanent residency.

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Australian Immigration Law

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Dear Mr. and Mrs. Tan
Address: Please Insert
Subject: Advice for possible options to remain in Australia
This letter is in response of your query regarding extension of your stay in Australia. Since
you are from Singapore, the category of your Electronic Travel Authority should be subclass
601. In such kind of travel authorization, you are entitled for stay upto three months in
Australia pertaining to your visit for unlimited times in a span of one year as far as the
conditions of such category are concerned. It means that any academic course you undertook
in Australia must not exceed the duration of three months. Additionally, the conditions also
include that you should have filed an application from Singapore itself or any country other
than Australia. You must also possess a valid passport issued by the Government of
Singapore. The regulations under the ambit of this category also imply that you must not
have engaged in any kind of activity related to work other than those which are to be
performed as a business visitor as per condition number 8115 of the Australian Migration
Regulations of 1994 framed under the ambit of the Migration Act of 19581. It is
recommended that the best option for you would be to apply for permanent residency visa
either under subclass 189 or under subclass 190 if you score 65 points on the basis of your
education, age, and overseas and Australian work experience in an eligible occupation as
stipulated along with. The English language conditions also matter to a great level for both of
you. You must also be free from tuberculosis as far as the health requirement is concerned
and also be of a good moral character as per Section 501 of the Migration Act of 19582. For
health requirement, the medical certificate must be issued by a designated medical
practitioner. With reference to subclass 189, you do not need any kind of nomination.
However, for subclass 190, you need to be nominated by a state or a territory of Australia.
For both of these subclasses, it is essential to have skills assessment for both of you from a
designated authority. Receiving an invitation is the key thing in order to file an application
for your visa. The average processing times for such kinds of visas are in the range of seven
to nine months from the filing the application. In order to be invited to file an application, an
1 Migration Regulations 1994
2 Migration Act 1958

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Expression of Interest must be submitted by both of you. You also have enough funds to
demonstrate the financial eligibility with reference to your stay in Australia as implied form
the accumulated three hundred thousand Australian dollars and your property value in
Singapore which amounts to one million Australian dollars. With your Australian permanent
residency, you would be eligible for health insurance in the form of Medicare with regard to
the welfare of your child Claire. However, since both of you are senior citizens, your children
being Australian citizens are eligible to sponsor you with reference to the category of Aged
Parent Visa as far as subclass 804 is concerned. In this category, an assurance of support must
be procured by both of you declaring that you would be supported by your children who
would be sponsoring you and should not seek assistance from the respective government
authority with regard to your entry and stay in Australia. If you fulfill the eligibility
conditions, you can also file an application for Australian Citizenship provided that you
would be in Australia for four years and not been out of Australia for more than a year in the
last four years. It further implies that you should not be out of Australia for more than three
months in the last one year. The health and character requirements for visa under as subclass
804 must also be fulfilled by you as aforesaid. However, if you are contemplating to work or
study in Australia in the capacity of a permanent resident, you should go for Contributory
Aged Parent Visa as far as subclass 864 is concerned. In such a category, you would also be
eligible to enroll in Medicare, the health care scheme of Australia at the public level.
However, you would not be able to apply for Australian Citizenship unlike the category
concerning subclass 804. The fees for subclass 804 is stipulated to start from six thousand
one hundred dollars and fees for subclass 864 is stipulated to start from forty seven thousand
four hundred and fifty five dollars. These are the two kinds of visa options which are
available to you as per my knowledge and observations in order to suggest and recommend
you in a proper and appropriate manner. Furthermore, the factors pertaining to your needs
and choices would also play an important role in determining which of the two categories of
visas would be suitable for you along with the feasibilities on your part most notably in terms
of your finances and your stay in Australia in the long run along with the support extended by
your children. The processing times of such visa would include a number of factors such as
volume of applications, priority of the visas to be granted accordingly taking account of the
circumstances and the chain of events involved in terms of processing of the application for
such kinds of visas. For subclass 864 also, the health and character requirements as aforesaid
must be fulfilled. As a result, in consideration of both of your old age, the best categories for
the application of visa in order to remain in Australia would subclass 864 and subclass 804.

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As you are also considering offshore options, you can also relocate to New Zealand being
permanent residents of Australia as per the Trans Tasman Travel Arrangement of 1973 and
be granted residence permit by New Zealand3. However, you should not be excluded in this
aspect as implied by Section 7 of the Immigration Act of 1987 of New Zealand4.
Kind Regards,
XYZ
3 Trans Tasman Travel Arrangement 1973
4 Immigration Act 1987 (NZ)

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Bibliography
Immigration Act 1987
Migration Act 1958
Migration Regulations 1994 (NZ)
Trans Tasman Travel Arrangement 1973