Australia Visa System: Contributory Parent, Resident Return Visas

This report provides an analysis of the Australian visa system, specifically focusing on the Contributory Parent subclass 143 visa and the Resident Return subclass 155 visa. The report examines the eligibility criteria, including sponsorship requirements, the balance of family test, and character requirements for the Contributory Parent visa. It also details the conditions for the Resident Return visa, such as maintaining permanent residency status, significant reasons for absence, and the implications of visa expiry. The report uses relevant legislation and case examples to illustrate the application process and requirements for each visa type. Additionally, the report covers the legal definitions of key concepts within the Australian migration framework, such as substantive and non-substantive visas. The analysis includes the roles of non-substantive visas like bridging visas, criminal justice visas, and enforcement visas. The report also provides an overview of various visitor visas, including subclass 600, 601, 651, and 602, and other short-term visas. The report concludes by summarizing the key aspects of the Australian visa system to provide a comprehensive understanding of the migration process.

Australia Visa System

Table of Contents
Answer 1....................................................................................................................................3
(a)...........................................................................................................................................3
(b)...........................................................................................................................................3
Answer 2....................................................................................................................................4
(a)...........................................................................................................................................4
b)............................................................................................................................................5
(c)...........................................................................................................................................6
Bibliography...............................................................................................................................7

Answer 1
(a)
Contributory Parent subclass 143 visa permits parents of a settled Australian citizen to live in
Australia permanently. An individual is required to have a child who is a permanent
Australian citizen in order to apply for the specified visa. For being an eligible sponsor, it is
necessary for the child to be 18 years or older1. Further, he or she is also required to be a
settled Australian citizen or Australian permanent resident. In the present case, as Rosa is
holding subclass 801 visas, which eventually lets the de facto partner or spouse live in
Australia permanently. Further, through holding such a visa, a person can sponsor eligible
family members to come to Australia2. Thus, Rosa is eligible to sponsor contributory Parent
subclass 143 visas. It is also necessary for Rosa and Clara in order to accomplish a character
requirement in order to apply for a visa. A police certificate is believed to be the best proof
for proving clear character for the sponsor as well as the applicant. A sponsor can legally
fund more than one parent for visa and is liable for financial and other responsibilities for the
first two years relating to support, financial assistance and accommodation. Even sponsor is
required to provide the same in writing that he or she will provide specified and other
support3.
(b)
Balance of family test requires at least half of the children of the applicant to live in
Australia, or that maximum no. of children live in Australia rather than any other country. In
order to count the children as living permanently, it is necessary that children should be an
1 Contributory Parent Visa ( 08 April 2019) Australian Government
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/contributory-parent-
143#About>
2 Chris Johnson. "Welcome and concern for new visa system." Australian Medicine 29.8
(2017): 4.
3 Migration Regulations Act 1994 (13 December 2018) Federal Register of
Legislation<https://www.legislation.gov.au/Details/F2018C00957/Html/Volume_2>

Australian citizen or permanent residents of Australia who usually live in Australia. All the
children including stepchildren as well as adopted children are considered in order to
ascertain the balance of family test. Further, in case of a step –the child is counted for the
balance of family test only in case the child is of applicant’s current partner or having age
less than 18 years and child of a former partner of the applicant. In case an applicant is
applying for visa 143- contributory parent than it requires passing the balance of family test
in order to be eligible for applying for a specified visa. In the present case, as Clara is
applying for visa 143-contributory visa, she will have to pass the balance of family test. The
total no. of children to be considered for the balance of family test is three4. The stepson Juan
will not be counted for the balance of family test as he is above 18 years. As two out of three
children of Clara, i.e. Rosa (permanent resident) and Lalo (working in Brisbane, Queensland,
Australia) are permanent residents, thus she meets the requirement of the balance of family
test. As per the provisions of the balance of family test, an applicant requires to have at least
half of their children in Australia as an Australian citizen or permanent citizen in order to
pass the test. As Clara has accomplished the requirement of the balance of family test because
two out of three children are in Australia which is required in order to meet the test, she is
eligible to apply for visa 1435.
Answer 2
(a)
The Resident Return visa (subclass 155) is referred to as a permanent visa for existing or
former Australian permanent residents6. The specified visa permits to maintain as well as
regain status as an Australian permanent resident. However, in case an individual requires
returning to Australia in case the current visa has expired that he or she is required to apply
4Julie Holliday Wayne, et al. "In search of balance: A conceptual and empirical integration of multiple meanings
of work–family balance." Personnel Psychology 70.1 (2017): 167-210.
5 Kavita Shah Arora,, Morris Jane, and Jacobs Allan J.. "Refusal of Vaccination: A Test to
Balance Societal and Individual Interests." The Journal of clinical ethics 29.3 (2018): 206-16.
6 Resident Return visa. (03 April 2019)Australian Government
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/resident-return-visa-155-
157 >

for a new visa before leaving Australia7. In the present case as Jian departure from Australia
in 23rd July 2014and has not been back since. As; he was holding Five Year Resident Return
visa in February 2013 which expire in February 2018. Thus, as now the specified visa has
expired, he requires to apply for a new visa because, in order to continue to act as a
permanent resident of Australia, he required to apply for same before the expiry of the visa.
b)
In order to eligible for Resident Return Visa (subclass 155), it is necessary for an individual
to be one of the following:
 Being an Australian permanent resident whose last permanent visa was not
terminated.
 Australian permanent resident.
 A former citizen who lost or renounced citizenship.
Moreover one of the following requirements is also to be accomplished:
 An individual is required to provide evidence which proves that if he has been not in
Australia for more than five continuous years since the last departure from Australia
as Australian permanent resident than he or she requires to provide evidence that there
was a significant reason behind same.
 The applicant requires spending two of the last five years in Australia as a permanent
resident.
 In case applicant departure from Australia as a permanent resident then he or she
requires to prove that you have a substantial business, employment or personal benefit
to Australia. In case the applicant has been not in Australia for more than five years
since the last departure that evidence is required to be provided for compelling the
reason behind the same.
In the present case, Jian has been a permanent resident as well as he has been not in
Australian due to his father illness. Thus, he does have a significant reason for being not in
Australia. Thus, he fulfils the condition specified for eligibility of Residential Return Visa
7 Elsa Underhill, and Rimmer Malcolm. "Layered vulnerability: Temporary migrants in
Australian horticulture." Journal of Industrial Relations 58.5 (2016): 608-626.

(Subclass 155). Thus he is likely to succeed in his application
(c)
In case visa is granted to Jian than he will be able to leave as well as enter Australia as often
as he needs though within the validity period of the visa. Further, he will be able to sustain
the status of permanent resident for that period. Thus, in case the visa is granted than he will
able to travel and enter in Australia for a period of five years.

Bibliography
Books and Journals
Arora, Kavita Shah, Jane Morris, and Allan J. Jacobs. "Refusal of Vaccination: A Test to
Balance Societal and Individual Interests." The Journal of clinical ethics 29.3 (2018)
Johnson, Chris. "Welcome and concern for new visa system." Australian Medicine 29.8
(2017)
Underhill, Elsa, and Malcolm Rimmer. "Layered vulnerability: Temporary migrants in
Australian horticulture." Journal of Industrial Relations 58.5 (2016)
Wayne, Julie Holliday, et al. "In search of balance: A conceptual and empirical integration of
multiple meanings of work–family balance." Personnel Psychology 70.1 (2017)
Online
Migration Regulations Act 1994 (13 December 2018) Federal Register of
Legislation<https://www.legislation.gov.au/Details/F2018C00957/Html/Volume_2>
Resident Return visa. (03 April 2019)Australian Government
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/resident-return-visa-155-
157 >
Contributory Parent Visa ( 08 April 2019) Asutralian Government
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/contributory-parent-
143#About>