Letter of Advice for Parent Visa in Australia - Desklib

Running head: BUSINESS LAW
BUSINESS LAW
Name of the Student
Name of the University
Author Note

1BUSINESS LAW
Letter of Advice
To: Miss Ruth Gandhi
From: Migration Agent
Subject: Letter of advice regarding the query about Parent Visa
Dear Ms Gandhi,
In regard to your query about your parents’ option to get a Parent Visa in Australia,
this letter is being drafted. As understood by your brief, Sonya, your mother, currently
present in the country on a Medical Treatment Visa subclass 602 which would expire soon
and David, your father is staying in his home country wants to migrate to Australia as
permanent residents. As we see that you are holding a skilled visa and staying in Australia for
the last 10 years, this gives you the eligibility of sponsoring your parents’ coming and living
in Australia with you under your medical assistance.
Different kinds of Parent Visa
Different types of parent visas that are available with the Department of Home
Affairs, the regulatory body of migration related matters. Parent Visa subclass 103, Aged
Parent visa 804, Contributory Parent visa temporary or permanent, and Sponsored Parent
Visa subclass 870. However, not all subclasses of visa would be applicable in your parents’
case, as these are based on different eligibility criteria and conditions.
Balance of Family Test (BOF test)
The first and the foremost eligibility check that a Parent visa application is assessed
on is the Balance of Family test assessment. As per this test, the number of children in
Australia must be equal to or more than the number of children abroad1. As per your brief,
your brother and your sisters is both living abroad in another country, based on that you are
1 Migration Regulations 1994 - reg 1.05(2c)

2BUSINESS LAW
the only eligible child residing in Australia2. Due to this fact your parents cannot meet the
requirement to pass the test even as you are residing in Australia for long time3. However,
after reviewing the information you have provided, I would like to inform you that the most
appropriate visa for your parents is the Sponsored Parent (Temporary) visa subclass 870,
which does not ask your parents to qualify the Balance of Family Test, given the fact that
they would not be eligible for residing in Australia permanently.
Sponsored Parent (Temporary) Visa subclass 870
Sponsored Parent (temporary) visa subclass 870 helps parents meet and live with their
children who are permanently settled in Australia, provided that the government shall not be
liable to bear the cost of the applicants. As per the subclass 870 visa the parent should either
be a biological, step-parents or adoptive parents who must be a Permanent Resident of
Australia. The Visa permits the sponsored parents to reside in Australia for a timeframe of 3
to 5 years. This subclass 870 visa allows the applicant to be in the country temporarily to stay
with their children or for medical treatment4. Both parents of a sponsor could opt for this visa.
Sponsor requirement
In order to commence Sonya’s application, we are required to apply accordingly for
you to get approval on your family sponsorship which means you must meet the criteria and
requirements5. The sponsor and applicant need to be assessed separately. The sponsor parent
application should be allowed and authorised before the parent visa application can be made.
Only one set of which is maximum two people could be sponsored against this subclass.
Criteria for the Sponsor
The sponsorship fee is $420, however there sponsor is required to hold a taxable
income of $83,454.80 in a financial year6. The sponsor being a permanent resident of
2 Migration Regulations 1994 - reg 1.05(2)(b; )1.05(2A); 1.05(2B)
3 Migration Regulations 1994 - reg 1.05(2D); reg 2.60U
4 Migration Regulations 1994, sch 2, 602.211
5 Migration Regulations 1994, sec 140G(2), reg 2.64B
6 Migration Regulations 1994, reg 2.60W(1)(2)(4)