Business Law Assignment: Parent Visa Advice Letter for Ms. Gandhi

This business law assignment provides a detailed letter of advice to Ms. Gandhi regarding parent visa options for her parents seeking to migrate to Australia. The assignment analyzes the eligibility criteria for various parent visas, focusing on the Sponsored Parent (Temporary) visa (subclass 870) as the most suitable option, given the inability to meet the Balance of Family Test. It outlines the requirements for both the sponsor (Ms. Gandhi) and the applicants (her parents), including financial criteria, character tests, health insurance, and sponsorship obligations. The letter explains the visa's tenure, costs, processing times, and conditions, emphasizing that it is a temporary visa and does not lead to permanent residency. The advice also extends to David, Ms. Gandhi's father, outlining the same requirements and conditions for his application. The assignment references relevant migration regulations to support the advice provided.

Running head: BUSINESS LAW
BUSINESS LAW
Name of the Student
Name of the University
Author Note

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Letter of Advice
To: Miss Ruth Gandhi
From: Migration Agent
Subject: Letter of advice regarding the query about Parent Visa
Dear Ms Gandhi,
In regard to your query about your parents’ option to get a Parent Visa in Australia,
this letter is being drafted. As understood by your brief, Sonya, your mother, currently
present in the country on a Medical Treatment Visa subclass 602 which would expire soon
and David, your father is staying in his home country wants to migrate to Australia as
permanent residents. As we see that you are holding a skilled visa and staying in Australia for
the last 10 years, this gives you the eligibility of sponsoring your parents’ coming and living
in Australia with you under your medical assistance.
Different kinds of Parent Visa
Different types of parent visas that are available with the Department of Home
Affairs, the regulatory body of migration related matters. Parent Visa subclass 103, Aged
Parent visa 804, Contributory Parent visa temporary or permanent, and Sponsored Parent
Visa subclass 870. However, not all subclasses of visa would be applicable in your parents’
case, as these are based on different eligibility criteria and conditions.
Balance of Family Test (BOF test)
The first and the foremost eligibility check that a Parent visa application is assessed
on is the Balance of Family test assessment. As per this test, the number of children in
Australia must be equal to or more than the number of children abroad1. As per your brief,
your brother and your sisters is both living abroad in another country, based on that you are
1 Migration Regulations 1994 - reg 1.05(2c)

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the only eligible child residing in Australia2. Due to this fact your parents cannot meet the
requirement to pass the test even as you are residing in Australia for long time3. However,
after reviewing the information you have provided, I would like to inform you that the most
appropriate visa for your parents is the Sponsored Parent (Temporary) visa subclass 870,
which does not ask your parents to qualify the Balance of Family Test, given the fact that
they would not be eligible for residing in Australia permanently.
Sponsored Parent (Temporary) Visa subclass 870
Sponsored Parent (temporary) visa subclass 870 helps parents meet and live with their
children who are permanently settled in Australia, provided that the government shall not be
liable to bear the cost of the applicants. As per the subclass 870 visa the parent should either
be a biological, step-parents or adoptive parents who must be a Permanent Resident of
Australia. The Visa permits the sponsored parents to reside in Australia for a timeframe of 3
to 5 years. This subclass 870 visa allows the applicant to be in the country temporarily to stay
with their children or for medical treatment4. Both parents of a sponsor could opt for this visa.
Sponsor requirement
In order to commence Sonya’s application, we are required to apply accordingly for
you to get approval on your family sponsorship which means you must meet the criteria and
requirements5. The sponsor and applicant need to be assessed separately. The sponsor parent
application should be allowed and authorised before the parent visa application can be made.
Only one set of which is maximum two people could be sponsored against this subclass.
Criteria for the Sponsor
The sponsorship fee is $420, however there sponsor is required to hold a taxable
income of $83,454.80 in a financial year6. The sponsor being a permanent resident of
2 Migration Regulations 1994 - reg 1.05(2)(b; )1.05(2A); 1.05(2B)
3 Migration Regulations 1994 - reg 1.05(2D); reg 2.60U
4 Migration Regulations 1994, sch 2, 602.211
5 Migration Regulations 1994, sec 140G(2), reg 2.64B
6 Migration Regulations 1994, reg 2.60W(1)(2)(4)

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Australia has to be the applicant’s natural, step or adoptive child who is the natural, step or
adoptive parent or guardian of the sponsor. The sponsor must not have any kind of debt
before the Commonwealth unless has made certain arrangement to pay it off7. The sponsor
must not have any police record in any country where she might have lived in the last 10
years8. The sponsor must comply with the sponsorship obligation as required by the
Department of Home Affairs. Once these criteria are fulfilled, you would be allowed to be a
sponsor and the application of the applicant shall be set for processing9.
Sponsorship Obligation imposed on the Sponsor
The sponsor along with being approved of the sponsor criteria, required to comply
with the obligation of the sponsorship as well. The sponsor is required to support his parents
financially along with providing accommodation to them10. The sponsor is required to keep
record of his sponsorship and show them to the department when asked for, until the period
of two years end after the date on which she ceases to be a sponsor11. The sponsor needs to
pay off the outstanding public health debts that her parents might incur before the
Commonwealth. The sponsor shall be held liable if such outstanding public health debts are
not paid and the creditors will be liable to hold the sponsor in charge of paying the debts12. In
the sponsor fails to comply the above-mentioned obligations, she shall be held guilty and her
status as a sponsor shall end13.
Sonya’s eligibility to hold the subclass 870 Visa
Your mother, Sonya, needs to fulfill the following eligibility so that her
Sponsored Parent (Temporary) visa subclass 870 is permitted by the department:
7 Migration Regulations 1994, reg 2.60Z
8 Migration Regulations 1994. Reg 2.60X(1)(a)(i)
9 Migration Regulations 1994 , Section 5(1); reg 2.57
10 Migration Regulations 1994, reg 2.87CF
11 Migration Regulations 1994, reg 2.87CB, reg 2.87CC
12 Migration Regulations 1994, reg 2.87CE
13 Migration Regulations 1994, reg 2.88, reg 2.89

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a) She should be sponsored by a person is permitted to be a parent sponsor, which in this case
is you who needs to qualify as a sponsor as per the criteria already discussed1415
b) She should be at least 18 years old, which in this case is 62 years16.
c) She should be living outside the territory of Australia while she applies for this subclass
visa, as otherwise a special permission is required from the Department of Home Affairs
under another substantial visa17.
d) She has not engaged into any conduct that asks for payment for visa application.
e) She is financially sound to bear the cost of the sponsorship18.
f) She must produce evidences in relation to her private health insurance so that they do not
claim assistance from the commonwealth19.
g) She must qualify the character test20.
h) She needs to clear her public health outstanding debts due before the commonwealth or
has made satisfactory arrangement to make the payment21.
i) She must satisfy the health as well as the national security requirements.
j) She should intend to stay temporarily in Australia22.
Tenure of the subclass 870 visa
The Sponsored Parent (Temporary) visa subclass 870 allows its applicant to reside for
5 years in Australia at a stretch, which could be extended for a maximum period of 10 years23.
The applicant is required to stay outside the Australian territory for at least 90 days before
applying for another Sponsored Parent (Temporary) visa subclass 87024. This signifies that
14 Migration Regulations 1994, sch 1, 1239(3)(d)
15 Migration Regulations 1994, sch 2, 870.221
16 Migration Regulations 1994, sch 1, 1239(3)(c)
17 Migration Regulations 1994, sch 1, 1239(3)(i), 1239(3)(ii)
18 Migration Regulations 1994, sch 2, 870.222
19 Migration Regulations 1994, sch 2, cl 870.224; reg 1.15L
20 Migration Regulations 1994, sec 501(6)
21 Migration Regulations 1994, sch 2, 870.227
22 Migration Regulations 1994, sch 2, 870.226
23 Migration Regulations 1994, sch 2, 870.511(2)(a); 870.511(2)(b)
24 Migration Regulations 1994, sch 2, 870.223

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this subclass 870 visa is temporary and does not allow the applicant to settle down
permanently. However applicants who have given the extension of 10 years, shall not be
eligible to re-apply this visa and shall be liable either to leave the country or make application
for another visa which would authorise them to stay in Australia25.
Cost of the Visa
The cost of the visa subclass 870 depends upon the tenure of the visa. A visa subclass
870 for 3 years would cost around AUD $5,000 while a visa with five years of tenure would
cost around AUD $10,000. The application fee is payable in two instalments, one of which is
required to pay while making the application, while the rest would be payable when the
department asks for it26. The cost of the application is like a contribution to the
Commonwealth, as the sponsored applicants rarely pay taxes to the government, yet uses
most facilities and infrastructure of the state. The application fee also represents the money
that the applicants save by staying Australia at a stretch instead of incurring airline fares.
Processing time for the subclass 870 visa
The time for processing the visa subclass 870 is not clearly mentioned by the
department in their official website. However, it would depend upon the different eligibility
criteria, a number of factors and the pool of information provided by the applicant.
The conditions of the subclass 870 visa
However, I must inform you about all possibilities surrounding this visa. Firstly, that
this is a temporary visa and your mother should not intend to permanently migrate to
Australia. This visa will not allow permanent residence to Sonya27.
The visa 870 will be subject to some conditions. Briefly, she must not work without
the permission of the department28. She should not be involved in a criminal conduct or
25 Migration Regulations 1994, sch 1, 1239(3)(f)
26 Migration Regulations 1994, sch 1, reg 1239(2)
27 Migration Regulations 1994, Sch 2, cl 870.226
28 Migration Regulations 1994, sch 8, condition 8130

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activities that are threatening harm to the country or a community29. She must have her own
private insurance during her stay in the country.. It also very crucial that she must always
update the department regarding the change of contact information30. Lastly, she must leave
the country before the tenure of her visa exhausts 31.
Satisfy Public interest
Sonya needs to fulfill certain public interest that involves character test, security
check, and debt clearance to the commonwealth, passport and settlement requirement.
a) A character test needs to be passed by the applicant as regulated by the department,
necessary to grant a subclass 870 visa32.
b) Any information regarding the applicant being a disturbance to Australia’s foreign policy
interests or his association with the use of weapon of mass destruction would result to the
rejection of the application33. Factors like refusal of protection visa, denial of an earlier visa,
refusal of a visa for criminal record, et cetera would make the application rejected34.
c) The applicant must be free from ailments like tuberculosis, or ailments that are harmful for
the Australian community35.
d) The applicant must not add cost to the commonwealth36.
e) The applicant needs to sign a statement of value37.
f) A valid passport is held by the applicant which has been authorised by an official having
the authority38.
29 Migration Regulations 1994, sch 8, condition 8564, 8303
30 Migration Regulations 1994, sch 8, condition 8501, 8550
31 Migration Regulations 1994, sch 8, condition 8531.
32 Migration Regulations 1994, sch 4, cl 4001
33 Migration Regulations 1994, sch 4, cl 4003
34 Migration Regulations 1994, s 46(1)(d)
35 Migration Regulations 1994, sch 4, cl 4005
36 Migration Regulations 1994, sch 4, cl 4010
37 Migration Regulations 1994, sch 4, cl 4019
38 Migration Regulations 1994, sch 4, cl 4021

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g) A public health debt is not held by the applicant39.
h) The applicant has made health insurance arrangement that does not make her dependable
upon the commonwealth4041
The additional criteria
The applicant shall be required to pay the visa application charge which is payable
partly while making the application and then at a later stage before the visa is granted42. The
outstanding public health debt must be cleared by the applicant43. The applicant is to be
sponsored by a permanent resident or citizen of Australia44. The applicant needs to hold
sufficient financial strength to sustain in the country, including their own health insurance
arranging45.
David’s eligibility to hold the subclass 870 Visa
Along with Sonya, David, would be permitted to pursue for the Visa subclass 870.
You are supposed to fulfill the exact same sponsor criteria and obligation just like the points
discussed while discussing about Sonya’s visa application. David and Sonya’s visa conditions
would be the same. Family members are not allowed to be included under the visa subclass
870, hence David would have to make a fresh visa application, meeting the same criteria as
Sonya46. David would be easily assessed for this visa application for he is living outside
Australia currently and hence shall not be judged under any special circumstance or special
permission or substantial visa holding. He could apply for a fresh visa subclass 870 by taking
your help as a sponsor.
39 Migration Regulations 1994. reg 1.15K
40 Migration Regulations 1994. reg 1.15L
41 Migration Regulations 1994, sch 2, 870.224
42 Migration Regulations 1994, Sch 1, 1239(2), 1239(3)
43 Migration Regulations 1994, sch 2 870.1
44 Migration Regulations 1994, sch 2, 870.221
45 Migration Regulations 1994, sch 2, 870.224
46 "(Subclass 870) Sponsored Parent (Temporary) Visa", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/sponsored-parent-temporary-870#About>.

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Therefore, in regard to your parents’ eligibility to hold Parent Visa in Australia, it is
recommended that the Sponsored Parent (Temporary) visa subclass 870 is suitable for their
requirement as otherwise any other subclass Parent visa application would be nullified on the
basis of the balance of family test. The subclass 870 visa relives the applicants from the BOF
test and instead allows them to live in Australia for a temporary tenure.

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Bibliography
Migration Regulations 1994
"(Subclass 870) Sponsored Parent (Temporary) Visa", Immi.Homeaffairs.Gov.Au (Webpage,
2019) <https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/sponsored-parent-
temporary-870#About>