Graduate Diploma in Migration Law: Parent Visa Assessment

This report provides an analysis of Australian immigration law, specifically focusing on parent visa options and the relevant provisions of the Migration Act 1958. The report addresses a case scenario involving Ruth, who seeks to sponsor her parents to migrate to Australia. It explores different visa subclasses, including the Contributory Aged Parent (Temporary) visa (subclass 884), and the Contributory Parent (Temporary) visa (subclass 173) and permanent visa subclass 143, outlining their requirements, eligibility criteria, and associated costs. The report advises Ruth on the most suitable visa option for her parents, considering their age and the need to meet health, character, and financial requirements. It highlights the benefits of temporary visas, such as quicker processing times and lower costs, while also emphasizing the importance of understanding the limitations of such visas. The report also discusses the role of sponsorship, financial guarantees, and access to healthcare for the parents. Furthermore, it provides a comprehensive overview of the process, including documentation, and legal considerations, and the importance of consulting with expert lawyers. The report concludes by summarizing the key takeaways from the analysis, emphasizing the importance of understanding the relevant legislation and fulfilling the necessary requirements to successfully sponsor parents for migration to Australia.

Student Name:
Student Number:
Australian Immigration Law

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Student Name:
Student Number:
To Ruth,
Address: XYZ
Date: 14th September 2019
Dear,
I am writing you this letter to discuss appropriate legislative provisions related to migration Act
and Regulations of Australia. The letter will discuss the provisions of the Medical Act 1958 by
describing certain requirements and options for Contributory Aged Parent (Temporary) visa
(subclass 884). It will also discuss the relevancy of this visa option and how it will allow Ruth's
parents to migrate to Australia by meeting certain requirements. Furthermore, it will analyze the
criteria of temporary visa option that will be considered to be suitable for Ruth's parents to get a
parent visa.
Advice
The parents living in India may be eligible to migrate to Australia if their child lives in Australia
or Australian permanent resident or Australian citizen1. Parents Visa categories are classified into
two main categories they are contributory and non-contributory. They may also be categorized
based on the applicant's age and permanent and temporary residence. However, the migration
law such as the Migration Act 1958 is related to entry into Australia which reveals abut
sponsoring parent’s visa2. This law sponsors parent visa and other measures. Migration Act 1958
is determined to be an Act of the parliament of Australia that governs immigration to Australia.
By considering this act, the Australian Government has involved the policy of contributory
parent visa categories within the Parent Visa policy. The Contributory Aged Parent (Temporary)
subclass is determined to be the copy of the Contributory Parent (Temporary) subclass 173 visa3.
1 D Smith et al, "Developments In Australian Migration" (2016) 43(1-2) Canadian Studies in
Population.
2 H Askola, "Who Will Care For Grandma? Older Women, Parent Visas, And Australia’S Migration
Program" (2016) 42(2) Australian Feminist Law Journal.
3 R. O. Ciobanu and C Bolzman, "The Interplay Between International Migration And The Welfare
State In The Context Of The Ageing Of The Migrant Population" (2015) 8(2) Scientific Annals of
the “Alexandru Ioan Cuza” University, Iasi.

2
Student Name:
Student Number:
This particular visa option is appropriate for those people who are allowed to get Australia's aged
care pension. The law states that this particular visa does not require any Assurance of support
and possess a minimum queue for processing. It set up the universal visa system for Australia,
and it relates to the presence, entry into Australia4. As per this act, the temporary option enables a
three-year stay in Australia. Based on this law to apply for a temporary visa, parents are required
to fulfil the health and character requirements and balance-of-family test. In this test, the parents
needs to undertake HIV test, chest x-ray and medical assessment. Before applying for a
temporary visa, the sponsor must get approval from the Department of Home Affairs. Moreover,
the chief applicant for the visa must be over 65 years of age, and if they possess a partner for less
than 65 years, they will be considered as a secondary applicant5.
For example, in case of Ruth who seeks to bring his parents to stay with her in Tasmania,
Australia, it is advised that she must comply with the rules and regulations of Migration Act
1958 that provides various options for getting parent visa. Therefore, he must take the help of the
Migration Act 1958 that helps in sponsoring Visa for parents. It is advised to Ruth that
considering this law the best option for lodging the parent’s visa is Contributory Aged Parent
(Temporary) visa (subclass 884) that will allow her parents to live in Australia for a period of
two years. However, as per the requirements of this visa option, Ruth father is aged 61 and
mother aged 62. Thus, both of them does not fulfil the age requirements that are needed to lodge
for a temporary visa. Hence, they must apply for subclass 173 Contributory Parent (Temporary)
Visa or subclass 143 Contributory Parent to Perth Offshore Parents Centre (POPC). As per
subclass 143 and 173, the parent visa engages in making a non-refundable payment to the
government of Australia6. The money to be paid is AUD$43,600 per migrating parent. This can
be split into two parts or paid in full. This particular visa is being processed in near about 48
months7. If parents have passed the police and health checks, the contributory amount will be
4 J. B Temple and P. F. McDonald, "Australian Migration Propensities By Visa Class: An Analysis
Of Linked Administrative Data" (2016) 35(4) Journal of Population Research.
5 R Kabir et al, "Elderly Population Growth In Bangladesh: Preparedness In Public And Private
Sectors." (2016) 21(8) IOSR Journal of Humanities and Social Science.
6 R Brandhorst, L Baldassar and R Wilding, "The Need For A ‘Migration Turn’In Aged Care Policy:
A Comparative Study Of Australian And German Migration Policies And Their Impact On Migrant
Aged Care" [2019] Journal of Ethnic and Migration Studies.
7 M Kilkey, "Conditioning Family-Life At The Intersection Of Migration And Welfare: The
Implications For ‘Brexit Families’" (2017) 46(4) Journal of Social Policy.

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Student Name:
Student Number:
requested. After this approval, the parents become a temporary resident of Australia8. After this
approval, the parents who aged parents whose visa does not possess 8503 conditions will be
entitled to lodge for a temporary visa. By considering all these requirements, Ruth is entitled to
lodge for parent’s temporary visa to migrate to Australia, although her mother's visa does not
contain 8503 conditions.
According to this law, the temporary option will hold certain requirements for getting parent visa
to migrate to Tasmania, Australia. There will be a need for character requirements, the balance of
family test, and assurance of support and health requirements. This particular visa will be
processed in two stages, where Ruth must be an approved sponsor before her parents can apply
for the visa. For applying for the parent visa, the cost per person is AUD$10,000 for five years,
AUD$5,000 for three years and AUD$ for extending five-year extension9. This visa is cheaper to
acquire as compared to other parent visa and do not requires to fulfil the test based on traditional
balance of family.
Based on this law, a child may apply for a temporary visa to shift their parents to Australia.
Before getting a temporary visa, the parents will be sponsored by their child who lives in
Australia. Based on the requirement, the child must be an Australian citizen who is living there
for a minimum of 4 years before lodging the visa. However, the child act as a financial guarantor
for the period the parents will remain in Australia. In case of Ruth, it is seen that she is living in
Australia for ten years, thus she is eligible to sponsor her parents and will have to act as a
financial guarantor for her parents at the time they will remain in Australia. This indicates that
she will be legally responsible for paying taxes in case of any medical emergencies. The
guarantor has to cover aged care fees and prevent public health debts of Australia10. Moreover,
there is a need for Ruth's parents to have access to Australian private health insurance. As the
processing cost and time for long-term parent visas increases, such temporary parent visa will
provide a cheaper and quicker option for Ruth's parents to spend quality time with her. However,
8 B. S. Turner, "We Are All Denizens Now: On The Erosion Of Citizenship" (2016) 20(6-
7) Citizenship studies.
9 L Rivas and M Bull, "Gender And Risk: An Empirical Examination Of The Experiences Of
Women Held In Long-Term Immigration Detention In Australia" (2018) 37(3) Refugee Survey
Quarterly.
10 D Neil and M Peterie, "Grey Networks: The Contradictory Dimensions Of Australia's Immigration
Detention System" (2018) 59(1) Asia Pacific Viewpoint.

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Student Name:
Student Number:
Ruth must acknowledge that it is a temporary visa that will never permit her parents to settle in
Australia permanently. Therefore, she is required to apply for a permanent visa before the two
years gets completed. In other words, once Ruth's parents get settled in Australia, she could
apply for permanent Contributory Aged Patient visa (subclass 864) before the two years passes
away. The advantage of lodging for a parent visa in two parts is that Ruth will not have to pay a
huge amount of money immediately. This particular visa option will allow her parents to enroll
for healthcare scheme related to Australia. Medicare will be a great benefit to Ruth's parents
considering age as different health problems may arise, especially her mother as she has grown a
bit frail. It also means that Ruth's parents may visit India to spend holidays with her daughter
who lives in Kolkata, India, as many as times within two years.
As per this law, the other advantages of applying for a temporary visa is that it allows Ruth's
parents to apply for Australian aged pension based on the permanent visa as his father is aged 61
and mother is aged 62. Australian aged pension is provided to the older adults who have crossed
60 years of age11. Thus, considering their age, they are applicable to getting Australian aged
pension. This will help her parents to become independent, rather becoming a burden on her
which will help her financially. However, to lodge for a temporary visa, the sponsor of the
parents who is Ruth will have to demonstrate minimum household income and police checks.
Moreover, to apply for this visa, Ruth has to pay $32,900, and that is to be paid in two
instalments $3,770 and $29,130. However, it is regarded as a flat rate where the sponsor will be
asked to pay extra costs to cover certain requirements like biometrics, police certificates and
health assessments12. Therefore, Ruth is required to consult a team of expert lawyers, prepare for
the documentation required and receive approval from the Department to apply for a parent visa.
Moreover, through this letter I conclude an understanding of Migration Act 1958, which
provides sufficient knowledge regarding how to get parent visa in order to migrate in Australia.
Based on the case scenario, Ruth has been advised for using Contributory Aged Parent
(Temporary) visa (subclass 884) for getting parent visa for her parents. It will take a shorter time
11 A Böcker and A Hunter, "Legislating For Transnational Ageing: A Challenge To The Logics Of
The Welfare State" (2017) 14(4) European journal of ageing.
12 H Rolfe, J Runge and N Hudson-Sharp, "Immigration Policy From Post-War To Post-Brexit: How
New Immigration Policy Can Reconcile Public Attitudes And Employer Preferences" (2019)
248(1) National Institute Economic Review.

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Student Name:
Student Number:
and cost and does not require to pass the traditional ‘balance life’ test. The act states that to get a
temporary visa, certain requirements are needed to be fulfilled. Hence, this visa will help her
parents to migrate to Tasmania, Australia and also help her to provide them medical care as she
is a medical doctor.

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Student Name:
Student Number:
References
Askola, H, "Who Will Care For Grandma? Older Women, Parent Visas, And Australia’S
Migration Program" (2016) 42(2) Australian Feminist Law Journal
Böcker, A and A Hunter, "Legislating For Transnational Ageing: A Challenge To The Logics Of
The Welfare State" (2017) 14(4) European journal of ageing
Brandhorst, R, L Baldassar and R Wilding, "The Need For A ‘Migration Turn’In Aged Care
Policy: A Comparative Study Of Australian And German Migration Policies And Their
Impact On Migrant Aged Care" [2019] Journal of Ethnic and Migration Studies
Ciobanu, R. O. and C Bolzman, "The Interplay Between International Migration And The
Welfare State In The Context Of The Ageing Of The Migrant Population" (2015) 8(2)
Scientific Annals of the “Alexandru Ioan Cuza” University, Iasi
Kabir, R et al, "Elderly Population Growth In Bangladesh: Preparedness In Public And Private
Sectors." (2016) 21(8) IOSR Journal of Humanities and Social Science
Kilkey, M, "Conditioning Family-Life At The Intersection Of Migration And Welfare: The
Implications For ‘Brexit Families’" (2017) 46(4) Journal of Social Policy
Neil, D and M Peterie, "Grey Networks: The Contradictory Dimensions Of Australia's
Immigration Detention System" (2018) 59(1) Asia Pacific Viewpoint
Rivas, L and M Bull, "Gender And Risk: An Empirical Examination Of The Experiences Of
Women Held In Long-Term Immigration Detention In Australia" (2018) 37(3) Refugee
Survey Quarterly
Rolfe, H, J Runge and N Hudson-Sharp, "Immigration Policy From Post-War To Post-Brexit:
How New Immigration Policy Can Reconcile Public Attitudes And Employer
Preferences" (2019) 248(1) National Institute Economic Review

7
Student Name:
Student Number:
Smith, D et al, "Developments In Australian Migration" (2016) 43(1-2) Canadian Studies in
Population
Temple, J. B and P. F. McDonald, "Australian Migration Propensities By Visa Class: An
Analysis Of Linked Administrative Data" (2016) 35(4) Journal of Population Research
Turner, B. S., "We Are All Denizens Now: On The Erosion Of Citizenship" (2016) 20(6-7)
Citizenship studies