Letter of Advice for Proper Parent Visa Application

LETTER OF ADVICE
Legal Services Pty Ltd
13-09-2019
Ruth Gandhi
Tasmania Australia
Dear Ruth,
Application for proper parent visa
We both had a conversation regarding your problems on 11-09-2019 and
you had made an earnest request to me for advising you for the problems
which are stated as below:
 You want to know what are the suitable visa options for settling
your parents in Australia;
 You want to know whether your parents will qualify for the parent
visa options or not;
 You want to know the detailed visa requirement options which are
identified from the Migration Act 1958
Considering your problems, following advices are given to you:
In Australia, any person, by fulfilling certain criteria could apply for
parent visa and in most of the cases; sub-class 103 has been applied

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here1. However, there are certain mandatory conditions present in such
case which are as follows:.
 The applicant must be eligible to pass the family balance test. In
such test, half of the children of the applicant must be residing in
Australia permanently2.
 The age of the applicant must be sixty five years and in case of
their partner whose age is less than sixty five, can be made an
application for secondary applicant.
However, under the Migration Act 1958, onshore contributory no
bridging parent visa can be applied under subclass 143 and
contributory parent temporary visa can be applied under subclass 173
of the Act. In case of aged parent visa, application can be made under
sub-class 804 and contributory aged parent visa can be applied under
subclass 864 of the Migration Act 19583.
Based on the above-mentioned eligibilities mentioned under subclass
103, it can be stated that your parents have failed to meet the family
balance test has to be established under reg 1.05 in migration
regulation 19944, which is mandatory for the applicants. According to
the family balance test, at least half of their children are residing
1Okhovat, Sahar, et al. "Rethinking resettlement and family reunion in Australia." Alternative Law Journal 42.4
(2017): 273-278.
2Reilly, Alexander. "The vulnerability of safe haven enterprise visa holders: Balancing work, protection and
future prospects." UNSWLJ 41 (2018): 871.
3Adamson, Elizabeth, et al. "Social care and migration policy in Australia: Emerging intersections?." Australian
Journal of Social Issues 52.1 (2017): 78-94.
4Migration Regulation 1994 (cth), reg 1.05.
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permanently in Australia. Unless you have not granted Substitute 600
Visa. Under the migration regulation 1994 allow ministerin the public
interest, grant a substitute 600visa to certain people who had applied
for ministerial intervention under ss.351,417 or 501J of the migration
Act.
It has been observed from your case that your elder brother is residing in
New York and your younger sister is residing in Kolkata (India) and
therefore, your parents are unable to meet the criteria of the family
balance test properly. Further, the aging criteria have also not been
fulfilled. Considering the facts of your case, it has been observed that the
age of your mother is sixty two and the age of your father is sixty one and
therefore, it can be stated that your parents are not eligible to make an
application under subclass 103 of the Migration Act 1958.
The applicant can make an application under subclass 804 of the
Migration Act 1958 for aged parent visa5.
Sponsored Parent Temporary (subclass 870) is perfect for you.
Further, in such cases, no family balance test is required. Any of the
children is residing in Australia permanently; he can apply for parent visa
under subclass 8706. Considering the facts of the case, it can be stated
that application for parent visa under subclass 870 is suitable for you.
However, the nature of such visa is not permanent and the parents will
5Reilly, Alexander. "the vulnerability of safe haven enterprise visa holders: Balancing work, protection and
future prospects." UNSWLJ 41 (2018): 871.
6Temple, Jeromey B., and Peter F. McDonald. "Australian migration propensities by visa class: an analysis of
linked administrative data." Journal of Population Research 35.4 (2018): 399-416.
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get an opportunity to stay in Australia for maximum period of ten years.
Further, there are additional requirements to this rule and the applicant,
on fulfilling the requirements, could get an opportunity to make
sponsorship application under sub-class 870. However, in such case,
sponsorship application must be submitted before the parent visa and
no visa can be applied along with the sponsorship application.
Through such application, the applicant can eligibly apply for the
sponsored parent (temporary) visa.Under the 870.221 schedule 2
Migration Regulation 19947. The applicant have to get sponsored by a
parent sponsor. Under reg 1.03 a person who has been approved as a
family sponsor under the parent sponsor class under subsection
140E(1A) of the Act.8
Under reg 2.61A for the purpose of subsection 140F(1) of the Act. For
the class which specified in sub regulation 2.58(2) person need to apply
for the approval as a family sponsored in accordance with the process set
out in the regulation. The person who already a family sponsored cannot
make another application at a particular time when the previous
application has not been finally decided.91011
Form and fee for Sponsor
the specified form you need to fill 1501 and the specified fee is $420
AUD12.
7Migration Regulation 1994 (cth),sch2 ,870.221.
8Migration Act 1958(cth),s140E(1A).
9Migration Reg1994(cth),cl2.61A)
10Migration Act 1958(cth),s1.40
11Migration Reg1994(cth),cl2.58(2).
12Migration regulation 1994(cth) reg 2.61A(4), IMMI LIN 19/147
Sohinder Singh
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