Analysis of Australian Migration Law: Visa Application Advice

This report presents a letter of advice concerning a Contributory Aged Parent visa (Subclass 864) under Australian migration law. The advice is directed to Sue Smith, addressing her consultation with a migration agent regarding her visa application. The letter outlines the positive prospects for visa approval, given her existing substantive visa and fulfillment of age and family criteria. It references relevant clauses of the Migration Regulation 1994, including the assurance of support and the balance of family test. The document details the required bond amount, the importance of Ms. Penny (Sue's daughter) being an Australian citizen, and the need for health checks and police verification. It specifies the necessary forms (40 and 47 PA) and associated fees, emphasizing the firm's commitment to providing comprehensive guidance and support throughout the application process. The letter also provides information on where to submit the application and contact details for further assistance, alongside a bibliography of primary sources, including statutes and websites from the Department of Home Affairs.

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Australian Migration Law
[Type the document subtitle]
1/18/2020
Student Credentials

Migration Law 1
Australian Migration Law
Letter of Advice to Sue
[Firm letterhead and address]
[File Reference]
Date 13 January 2019
Sue Smith,
21 George Street
Sydney
Dear Ms Smith,
RE: Contributory Parent (Residence) (Class DG) Subclass 864 - Contributory Aged Parent
visa
This is in reference with your consultation regarding your meet with Mr Barnie in relation
with the visa issue. First of all, thank you for consulting us in regards with the issue, we are
very pleased to assist you with this. There is a huge chance that you’ll be provided with a visa
soon. You have already signed a client agreement with us which means that you do not need
to worry much as the firm will be providing the best advice available to you regarding the

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issue. Since, you already have a substantive visa, there is a high chance that your permanent
visa request will be accepted soon.
As per the Clause 864.226 of the Migration Regulation 1994, “The Minister is satisfied that
an assurance of support in relation to the applicant has been accepted by the Secretary of the
Department of Family and Community Services”. In order to proceed with this, your child,
Ms. Penny will have to arrange for $10000 bond which can be organized by Centerlink in
order to proceed with the Visa1.
Since, you fulfil the age criteria as specified by the Migration Act 1994, and your only child
is an Australian Citizen to vouch for you, there are no issues in reference with the section
864.214 of the Act2. In reference with the same, you satisfy the balance of family test. In case
you wish to know more about this test you can anytime contact us, we would be happy to
help and advice you in the best way possible or you can also refer to the same as provided in
the Migration Act 1994 Division 1.05 as well as 1033. Since, schedule 2 clause 864.212
subsection (a) (i) clearly specifies that the child of the applicant should be an Australian
Citizen and in agreement with that your daughter Ms. Penny is a legal Citizen of Australia,
there will not be any issues with the sponsorship of your permanent visa as her mother4. As
per your words and the documents you provided, it can be concluded that your child, Ms.
Penny is settled in Australia itself and holds an Australian Citizenship. Form 40 is the one
that talks about the sponsorship, and the sponsors.
In order to proceed with the visa formalities, as specified in the Migration Regulations 1994 -
Schedule 4, certain health check- ups and police verification needs to be done. In reference
1 Migration Regulations 1994 [864.226]
2 Migration Regulations 1994 [864.214]
3 MIGRATION REGULATIONS 1994 - REG 1.05A
4 Migration Regulations 1994 [864.212]

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with which, provisions such as 4001, 4002, 4003, 4004, 4005, 4009, 4010, 4019, 4020 and
4021 can be referred for your convenience5.
In order to complete the application for visa here, another important thing is fulfilling the
provisions as specified in the Section 45 and 46 of the Act as per the regulation 2.07 of the
Schedule 16. In accordance with the requirements Form 47 PA needs to be filled along with
which $ 4155 shall be paid when the application is submitted and $ 43600 just before the visa
is granted, which is refundable in case the visa is not granted7. The attorney costs are
excluded from this amount. Please remember that our clients are the most important asset and
we want the best for you, hence you will be provided the best advice possible in this regard.
In order to understand the process in a detailed manner, it is necessary to understand
Schedule 1 Item 1130A(3):
“(a) An application must be made at the place, and in the manner, (if any) specified by the
Minister in a legislative instrument made for this item under sub -regulation 2.07(5).
(b) Applicant must be in Australia but not in immigration clearance.”8
In order to get things done in an easy way, the application needs to be sent through the
courier to the Parent Visa Centre situated in Perth according to the Migration (IMMI 18/079:
Arrangements for Parent Visa Applications) Instrument 2018 which our firm shall be
handling9.
5 MIGRATION REGULATIONS 1994 - SCHEDULE 4
6 MIGRATION REGULATIONS 1994 - REG 2.07 s45, s46
7 Department of Home Affairs, Application For A Parent To Migrate To Australia - Form 47 PA
(COMMONWEALTH OF AUSTRALIA, 2019).
8 Home Affairs Legislation Amendment (2018 Measures No. 1) Regulations 2018
9 Migration (IMMI 18/079: Arrangements for Parent Visa Applications) Instrument 2018

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So at the end you do not need to worry about anything, we will be there beside you
throughout the process and will be guiding you in the best way possible. You can contact Mr.
Barnie whenever you find yourself in the mix; his contact number is [phone].
Thank You,
Yours Sincerely,
Fred Jonas,
(Migration Agent)
[Firm Name]

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Bibliography
Primary Sources
Statutes
Home Affairs Legislation Amendment (2018 Measures No. 1) Regulations 2018
Migration (IMMI 18/079: Arrangements for Parent Visa Applications) Instrument 2018
MIGRATION REGULATIONS 1994 - REG 1.05A
MIGRATION REGULATIONS 1994 - REG 2.07
MIGRATION REGULATIONS 1994 - SCHEDULE 4
Migration Regulations 1994 [864.212]
Migration Regulations 1994 [864.214]
Migration Regulations 1994 [864.226]
Websites
Department of Home Affairs, Application For A Parent To Migrate To Australia - Form 47
PA (COMMONWEALTH OF AUSTRALIA, 2019)