Australian Visa System 1 | Formal Letter

PARDEEP KAUR s4633378
Australian Visa System 1
Pardeep Kaur
s4633378

Dear Mr. Wasim Akram,
I am writing this letter in order to reply to the issues revolving your mother’s situation as
she would like to come to Australia. Firstly, I would like to congratulate you for your high profile
successful career and your grant of a Distinguished Talent subclass 124 and later an Australian
citizenship.
The Australian government through the Department of Immigration and Home Affairs
gives a variety of parent visas for parents who have their siblings either residing permanently in
Australia or are legal Australian citizens.5 These visas include subclass 870, subclass 804,
subclass 173, subclass 143, subclass 884, subclass 864, subclass 838 and subclass 114 visas.
Although the subclass 103 and subclass 804 are the most common ones. These visas have their
own specifications, benefits, requirements and terms of validity. Like most of the other visas,
the parent visas require that one should be sponsored by an Australian citizen or a person
residing permanently in Australia.4
However, your mum does not qualify for any of the parent visa as she has not met all
the requirements as per the Migration Regulation 1994.5 Firstly, this clause requires that one
must pass the balance family test which Meesha has not. The balance family test requires that
the number of children the applicant has in Australia, as lawful permanent resident or
Australian citizen, must be greater than that of the children that he/she has in any other
country. Alternatively, the number could either be equal to or greater than one’s children living
4Marcus Andrew and Semyonov Moshe, Immigration and Nation Building: Australia and Israel Compared (Edward Elgar Publishing, 2010)
5Federal Register of Legislation, Migration Regulation 1994 (2007) https://www.legislation.gov.au/details/F2017C00582

PARDEEP KAUR s4633378
overseas. The purpose of this visa is to test a person’s family ties to Australia before allowing
them to apply or even being granted with Australian parent visas.2
You mentioned to me that you have two other siblings Aleeze and Mahira who live in
Pakistan together with their respective families. This means that your mother has three
children where two are living overseas and you are the only one who permanently resides in
Australia. The 1 versus 2 scenarios does not pass the requirement. Your mother would pass the
family balance test of the Australian Migration Regulation of 1994 is it were a case of 2 living in
Australia or the three of you. Then your mother would qualify for a parent visa unlike now that
the test is not satisfied.
Permanent visa alternatives
The fact that your mother does not meet the requirements for a family visa does not
mean that she cannot access any other visas. In fact, there are a number of alternatives that
you can use so as to secure her a permanent visa to reside with you here in Australia. These
may include a subclass 114 Aged Dependent Relative.2
Firstly, you may opt for a subclass 114 Aged Dependent Relative. This visa allows any
person either permanently residing in Australia, an Australian or New Zealand citizen to
sponsor their aged citizen to get Australian Visa.1 This visa, just like other visa in Australia, has
requirements that must be met by both the applicant and the sponsor. Under this particular
visa, there are some primary and secondary requirements that must be satisfied before and
1Australia. Parliament. Senate. Legal and Constitutional Affairs References Committee and Wright, Penny "PP no. 145 of 2012", Parliamentary
paper Australia (Parliament 2012)
2Fernandez Rodgers, Dominic Yau, Murray Gerkens and Sherene Ozyurek, Australian Migration Collection (LexisNexis, 2020
3Human Rights Commission, Human Rights and the Migration Act 1958 (Australian Government Publishing, 1985)