Migration Law: Parent Visa Options for Ruth Gandhi's Parents
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This article provides information on the parent visa options available for Ruth Gandhi's parents to migrate to Australia. It discusses the requirements, conditions, and costs associated with Parent Visa subclass 103 and Aged Parent Visa subclass 804.
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Running head: MIGRATION LAW MIGRATION LAW Name of the Student Name of the University Author Note
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1MIGRATION LAW To Ruth Gandhi From Migration Agent Subject: letter of advice In reference to the query as whether Miss Ruth Gandhi's parents, mother Sonya aged 62 and father David aged 61 could qualify for any parent visa options in Australia, the following letter of advice is addressed. Ruth Gandhi migrated to Tasmania, Australia about 10 years ago on a skilled migration visa as a medical practitioner. It is presumed that her skilled migration visa is under subclass 189 or 190 which lets a skilled worker live and work in Australia as a permanent resident. The occupation of Ruth comes under the skilled occupation list held by the Department of Home Affairs which gives her the status of a permanent resident in Australia, however the approval of this visa depends on an invitation that was made to her by the organisation where she works or a government institution as held by part 1.15I of the Migration Regulations 19941. The skilled visa does not restrict her to sponsor eligible relatives for permanent residence. In this regard, Ruth shall be eligible to sponsor her parents to come over to Australia and stay as dependent residents with her. For this reason, two of the following dependent parent visas are as discussed below: Parent Visa subclass 103 Aged parent Visa subclass 804 Parent Visa subclass 103 As defined underSection 5(1)of theMigration Act 1958, someone is a parent of a person if such person is his child2. In this regard the applicant can file for a parent visa 1Migration Regulations 1994, part 1.15I 2Migration Act 1958, s 5(1)
2MIGRATION LAW subclass 103 for a parent who is living inside or outside Australia while applying for this visa however must be living outside Australia while the department Home Affairs process his subclass 103 visa. A parent subclass 103 visa lets an applicant stay in Australia indefinitely along with the privilege to enrol in Australia as Public Health Care scheme. The applicant may apply for Australian citizenship if eligible3. Travelling The applicant shall be able to travel to and from Australia as many times as he or she wants for the first five years from the date on which the visa is granted. However the applicant shall require resident return visa (RRV) after the initial 5 years in order to re-enter Australia as a permanent resident. The applicant shall be required to apply for an Australian passport in order to leave and re-enter the country without requiring a visa. Parent visa as a retiree The applicant applying for the subclass 103 visa as a retiree shall not be required to meet the balance of the family test along with no necessity to have a sponsor who would a sure his presence in the country. Apply from The applicant can be present in Australia or maybe outside the country however must not be in immigration clearance when applying for the visa. The application it must be outside Australia when the department process the visa application4. Cost of the visa The parent Visa subclass 103 costs around AUD 6,415 along with certain additional charges if any family member applies along with it. The payment is required to be made into 3'Subclass 103 Parent Visa' (Immi.homeaffairs.gov.au, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a- visa/visa-listing/parent-103> accessed 9 September 2019. 4Migration Regulations 1994, reg 1124(3).
3MIGRATION LAW parts, the first one need to be paid while applying for the Visa and the second part is to be paid when the department asks the applicant to do so5. Certain additional charges maybe attached to this application in terms of health checks, biometric and police certificates. Health Requirement As per the health check requirement under this visa the applicant must meet the health requirements which strive to protect the Australian community in terms of public health and safety risks. The applicant must be free from any disease that might add significant cost to the health care and community service of the Australian community. The medical officer of the Commonwealth (MOC) advisors the department as per the medical reports of the applicant, as to whether the medical condition of the applicant threaten Australian public health, significantly ad cost to the health care in community service and demands on the healthcare services of the country which are in short supply6. Character Requirement The applicant shall meet the character requirements as held under section 501 of the Migration Act 19587. The applicant shall fail to meet the character requirement if he or she: a) has a substantial record of criminal activity, b) convicted related to immigration issues, c) associated with a group that is involved in criminal conduct, d) past record that shows that the applicant is not of good moral character, e) involves a risk of harming the Australian community in some way8. Conditions 5Migration Regulations 1994, reg 1124(2) 6'Subclass 103 Parent Visa' (Immi.homeaffairs.gov.au, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a- visa/visa-listing/parent-103> accessed 9 September 2019. 7Migration Act 1958, s 501. 8'Subclass 103 Parent Visa' (Immi.homeaffairs.gov.au, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a- visa/visa-listing/parent-103> accessed 9 September 2019.
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4MIGRATION LAW Parent visa subclass 103 comes with two conditions. Condition 8502 restricts the applicants to arrive in Australia before his or her child arrives, while condition 8515 restricts the applicant to marry or enter into a de facto relationship before entering into Australia9. The Department of Home Affairs does not provide a processing time for this visa however it is recommended that the applicant must fill the form correctly and must include all the required documents containing the necessary information essential for the visa. Lastly in terms of obligation the applicant and his family members must obey Australian laws as any other law abiding Australian resident. Aged parent visa subclass 804 Travelling The applicant shall be able to travel to and from Australia as many times as he or she wants for the first five years from the date on which the visa is granted. However the applicant shall require resident return visa (RRV) after the initial 5 years in order to re-enter Australia as a permanent resident10. The applicant shall be required to apply for an Australian passport in order to leave and re-enter the country without requiring a visa. Apply from The applicant is required to be present in Australia while applying for this visa however the applicant must not be in immigration clearance when the department decides on the application11. Conditions UnlikeParentvisasubclass103,AgedParentvisa804isnotrestrictedwith conditions. 9Ibid. 10'Subclass804AgedParentVisa'(Immi.homeaffairs.gov.au,2019) <https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/aged-parent-804> accessed 9 September 2019. 11Migration Regulations 1994, part 1124A(3)
5MIGRATION LAW Health Requirement As per the health check requirement under this visa the applicant must meet the health requirements which strive to protect the Australian community in terms of public health and safety risks. The applicant must be free from any disease that might add significant cost to the health care and community service of the Australian community. The medical officer of the Commonwealth (MOC) advisors the department as per the medical reports of the applicant, as to whether the medical condition of the applicant threaten Australian public health, significantly ad cost to the health care in community service and demands on the healthcare services of the country which are in short supply12. Character Assessment The applicant shall meet the character requirements as held under section 501 of the Migration Act 195813. The applicant shall fail to meet the character requirement if he or she: a) has a substantial record of criminal activity, b) convicted related to immigration issues, c) associated with a group that is involved in criminal conduct, d) past record that shows that the applicant is not of good moral character, e) involves a risk of harming the Australian community in some way. The department of Home Affairs considers the following factors while allowing a character requirement: a) protection of Australian community, b) the international legal responsibility of Australia c) best interest of a child in Australia, d) consequencesofrefusalofthevisaontheapplicant’sfamilyinAustralia,ande) Consequences on the Australian community14. Cost of the visa 12'Subclass804AgedParentVisa'(Immi.homeaffairs.gov.au,2019) <https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/aged-parent-804> accessed 9 September 2019. 13Migration Act 1958, s 501. 14'Subclass804AgedParentVisa'(Immi.homeaffairs.gov.au,2019) <https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/aged-parent-804> accessed 9 September 2019.
6MIGRATION LAW The parent Visa subclass 804 costs around AUD 6,415 along with certain additional charges if any family member applies along with it. The payment is required to be made into parts, the first one need to be paid while applying for the Visa and the second part is to be paid when the department asks the applicant to do so15. Certain additional charges maybe attached to this application in terms of health checks, biometric and police certificates. Sonya's case In this regard Ruth Gandhi's mother Sonya could apply for an aged parents visa 804 as she is already living in Australia and would not be required to leave the country for applying this visa. However it is to be noted that as Sonya is holding a medical treatment visa subclass 602, which has a condition of no further stay (condition 8503) therefore in this regard she needs to apply for a bridging visa A (BVA) subclass 010 which would keep the applicant’s presence lawful in Australia when her current visa expires and the department has not made a decision regarding her new visa application. As Sonya is staying in Australia at the moment with Ruth, she would not be required to leave Australia due to the Bridging Visa A (subclass 010). The Bridging visa A does not require an applicant to leave the country while applying it in order to buy some time while the department process the substantive visa application made by the applicant. Therefore Sonya shall be liable to apply for a bridging visa as her Medical Treatment Visa subclass 602 would be expiring soon and it would be unlawful for her to stay a in Australia without a valid visa. For applying for an aged parent 804 visa, which is to be sponsored by her daughter Ruth who is an Australian resident, it is important that she stays in Australia while making the application. She could only extend her stay in Australia on the basis of the Bridging visa A even after her Medical Treatment Visa expires. David's case 15Migration Regulations 1994, reg 1124A(1).
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7MIGRATION LAW David, Ruth's father had visited Tasmania on an occasion and had expressed his willingness to stay in the country with his daughter and wife. David may apply for the parent Visa 103, which would let him stay in Australia indefinitely along with the permission to work and study in the country and avail the Australian Public Health Care Scheme. David, not holding any Australian Visa at the moment, shall be required to file for a fresh substantial visa while being outside Australia.The processing time of this visa is undisclosed as it is subject to capping and queuing. Therefore David could also opt for a contributory parent visa subclass 143, as he is still earning in his home country as a yacht Squadron and will not be dependent on his daughter completely16. However it is not recommended as although it is processed faster yet it costsmore than the parent visa subclass 103, unless it is an emergency. On the contrary, David may opt for the additional family member visa that Sonya shall be eligible to apply along with her Aged Parent Visa 804. However, such application for including family member along with the aged parent visa should be made along with the main visa application. The informational details of both Sonya and David shall be necessary for the Department to process the application expeditiously. David shall be required to meet the health and character requirements as prescribed by the Department of Home Affairs. Therefore, to sum up the letter of advice for Ruth, she has a couple of options to bring heroldparentsinAustraliaasresidents,andensuretheirsafetyunderhermedical observation. For her Sonya, Ruth’s mother, the Aged Parent visa subclass 804 would be apt as it does not require her to leave Australia in order to apply the visa. While her Medical Treatment Visa is on the verge of expiry, she could apply for the bridging visa A while her Aged parent visa 804 is being process by the Department of Home Affairs. In case of David’s visa, he could either apply for a Parent Visa subclass 103 while being outside Australia or may apply along with his wife’s Aged Parent visa, which is to be processed together. Both 16Migration Regulations 1994, part 1130.
8MIGRATION LAW the applicants are required to meet the basic health and character requirements as prescribed by the Department. Thus, it is affirmative that Ruth’s parents, both Sonya and David qualify for holding a parent visa for being Australian residents, sponsored by Ruth.
9MIGRATION LAW Bibliography Legislation & Regulation Migration Act 1958 Migration Regulations 1994 GovernmentWebsites 'Subclass103ParentVisa'(Immi.homeaffairs.gov.au,2019) <https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/parent-103>accessed9 September 2019 'Subclass804AgedParentVisa'(Immi.homeaffairs.gov.au,2019) <https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/aged-parent-804> accessed 9 September 2019