Migration Law: Advice on Parent Visa Options for Amy and Frederick

This report provides advice on Australian parent visa options, specifically focusing on the Parent Visa (Subclass 103) for Amy and Frederick. It outlines eligibility criteria, including the requirement of having a child who is a permanent resident or citizen of Australia, meeting the balance of family test, and satisfying health and character requirements. The report explains the roles of sponsors, the balance of family test, and the implications of the applicant's and sponsor's age. It also discusses the differences between the Parent (103) offshore visa and the Contributory Parent visas, including the assurance of support and bond requirements. The report highlights that Amy and Frederick are eligible for the Parent (103) offshore visa. However, it also emphasizes the long processing times associated with this visa, which can be up to thirty years, due to high demand and limited places. The report references relevant legal provisions and case law to support its analysis and provides a conclusion regarding Amy and Frederick's eligibility and the factors affecting their application.

Migration Law
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To: Amy and Frederick
From: Migration agent
Date: 8/04/2019
Subject: Advice on approximate visa processing times for the offshore options
The understanding of legislative provisions is considered to be very much important in order
to determine the visa processing times for the offshore options. Visa 103 allows parents to
live permanently or temporality in Australia1. The applicant can be eligible to apply for the
category of parent visa if:
 The applicant has a child who is the permanent resident in Australia or New
Zealand
 The child has been lawfully living in Australia for at least two years before the
allocation of visa was lodged
 The child sponsored the applicant
 The applicant should meet the criteria of Balance of family test
 The applicant should meet character and health requirements
The sponsor should be the permanent resident of Australia and also meets the following
criteria:
 18 years old or above
 Resided legally for at least two years before the parent lodged into the visa
application
 If stepchild or child of the applicant is below 18 year age then someone else can act
as the sponsor till the child become 18 years old or above.
The balance of family test should also be met by the parents. The criteria for passing the test
are as follows:
 Minimum half of the children are living permanently in Australia
 Most of the children are living in Australia
1 AECC Global, "Parent Visa Onshore And Offshore, Australia Parent Visa 103", AECC Global (Webpage, 2019)
<https://www.aeccglobal.com.au/migration-services/which-visa-is-right-for-me/parent-visas-onshore-and-
offshore/>.
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Dependent child under R1.03 can be a natural step or adopted child, engaged or not married,
under or above 18 years of age. The child can be substantially or wholly incapacitated for
work because of partial or total loss of mental or bodily functions. The parents should not
have more than one parent visa application pending and must withdraw if the decision is
pending. An aged parent under s.5& R 1.03 is the one who is old enough of receiving the age
pension2. The parent should be sponsored by the child and meet the balance of family test.
Parent (103) offshore visa is available to parents at any age and they should be in overseas or
Australia at the application time but overseas at the time of grant. 103 visas are also subjected
to the mandatory assurance of payment and support of health and bond charges3. The parents
applying for the 143 offshore can also be of any age. The balance of family test should be
met except the holders of the substituted 600 visa.
The aged application receives a pension under the Social Security Act. An Australian citizen
has a medical impairment and prevented to attend practical aspects of life because direct
assistance is needed for at least two years. An individual holding contributory parent visas is
barred from sponsoring their fiancé or partner for five years. The waiver can be provided on
the non-financial compassionate situations4. Assurance of support is covered under Social
Security and it is provided to contributory parent visa, aged parent visa, aged dependent
relative and remaining relative. Discretionary assurance of support can be needed for other
visas. The assurer has to earn sufficient income in order to cover own family and family
being assured. Any number of minors and up to two adults can be covered in one assurance
of support. A bond is needed for the needed assurance of support but it is not for the
discretionary assurances.
The bond period for contributory parent visas is 10 years, community support programs
entrants are 12 months and all other visas is 2 years. The amount of bond for primary
contributory parent visas is $10000 and a secondary contributory parent visa is $4000. Amy
and Fredrick can apply for the parent (103) offshore visa and they are eligible for that. Julies
and Claire are the citizens of Australia and they can sponsor their parents5. They are eligible
because their age is above 18 years and lawfully living in Australia. The balance of family
2 Callie Harvey, Cornerstones Of Australian Law (Tilde University Press, 3rd ed, 2009).
3 Home Affairs, "Parent Visa (Subclass 103)", Archive.Homeaffairs.Gov.Au (Webpage, 2019)
<https://archive.homeaffairs.gov.au/trav/visa-1/103->.
4 Seek Visa, "How To Bring Parents To Australia - Australian Migration Agents And Immigration Lawyers
Melbourne | Seekvisa", Australian Migration Agents And Immigration Lawyers Melbourne |
Seekvisa(Webpage, 2019) <https://www.seekvisa.com.au/how-to-bring-parents-to-australia/#toggle-id-1>.
5 True Blue Migration, "Parent Visas For Australia | True Blue Migration", True Blue Migration (Webpage, 2019)
<https://truebluemigration.com/visa-types/parent-visa/>.
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test has also been met because two children out of three are living in Sydney. The age of both
Amy and Fredrick is above 65 years and they are also eligible for becoming aged parents.
Thus, the pension can also be received by them. However, they have to follow the processing
time for receiving the visa6.
The visa will allow Amy and Fredrick to become a permanent citizen of Australia. There can
be a long waiting time of up to thirty years for the following visa. The global processing time
is not available because applications are queued and capped. The demand for the family
permanent visas is very high but there are limited numbers of places that are available in each
financial year. The applications are being processed after lodging in7. The visas are not
granted after reaching a limit within the financial year. If the application meets the eligibility
criteria then it is being placed in a queue for the visa place for becoming available. The
application cannot be moved up even if there are compassionate and compelling situations.
The processing time is seen to be very long which is around 30 years. However, Amy and
Fredrick are eligible for getting the visa as per the legal rules and legislation.
6 John Vrachnas, Migration And Refugee Law (Cambridge University Press, 3rd ed, 2012).
7 Geoff Thomas, Cornerstone Law Series (Law Society of South Australia, 3rd ed, 2010).
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References
Harvey, Callie, Cornerstones Of Australian Law (Tilde University Press, 3rd ed, 2009)
Thomas, Geoff, Cornerstone Law Series (Law Society of South Australia, 3rd ed, 2010)
Vrachnas, John, Migration And Refugee Law (Cambridge University Press, 3rd ed, 2012)
AECC Global, "Parent Visa Onshore And Offshore, Australia Parent Visa 103", AECC
Global(Webpage, 2019) <https://www.aeccglobal.com.au/migration-services/which-visa-
is-right-for-me/parent-visas-onshore-and-offshore/>
Home Affairs, "Parent Visa (Subclass 103)", Archive.Homeaffairs.Gov.Au (Webpage, 2019)
<https://archive.homeaffairs.gov.au/trav/visa-1/103->
Seek Visa, "How To Bring Parents To Australia - Australian Migration Agents And
Immigration Lawyers Melbourne | Seekvisa", Australian Migration Agents And
Immigration Lawyers Melbourne | Seekvisa (Webpage, 2019)
<https://www.seekvisa.com.au/how-to-bring-parents-to-australia/#toggle-id-1>
True Blue Migration, "Parent Visas For Australia | True Blue Migration", True Blue
Migration(Webpage, 2019) <https://truebluemigration.com/visa-types/parent-visa/>
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