Migration Law: Letter of Advice on Australian Parent Visas
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This report is a letter of advice addressing Ruth's query regarding her parents' eligibility for Australian parent visas. Ruth, a medical practitioner, seeks to bring her parents to Australia. The report analyzes the Aged Parent visa (subclass 804) and the Parent visa (subclass 103), detailing their application criteria, costs, health and character requirements, and visa conditions. It assesses the eligibility of Ruth's parents, Sonya and David, considering their current circumstances and visa statuses. The advice includes recommendations for bridging visas and alternative visa options, such as the Contributory Parent visa (subclass 143). The report concludes by summarizing the most appropriate visa options for Ruth's parents, emphasizing the importance of meeting specific eligibility criteria and adhering to visa conditions. The document is a comprehensive guide to Australian parent visa options.
Running head: MIGRATION LAW
MIGRATION LAW
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MIGRATION LAW
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1MIGRATION LAW
Letter of Advice
The following letter of advice is in regard to Ruth’s query about her parents being
eligible to be qualified for holding a parent visa option in Australia. Ruth, who is a medical
practitioner at the Tamar Valley Hospital in Tasmania, Australia wish to get her aged parents
migrated to Australia, one of whom is already in the country, in order to take care of them
personally as a doctor. Ruth, unmarried, had migrated to Tasmania10 years back on a skilled
migration visa on a qualification as a medical practitioner. Ruth’s mother, Sonya 62 years old
was brought to Australian on a Medical Treatment Visa subclass 602 for the purpose of
treatment and in the meanwhile her visa was extended for a period of 12 month. As informed
by Ruth, her mother’s health had improved while her stay in Australia and that was the sole
reason behind her of wishing to be migrated to Australia. Ruth’s father, David aged 61, on
the other hand, had visited Australia on an occasion to see his daughter and wife and liked the
place as he could resembles it with his yacht squadron where he works back home. Although
he went back to his home country, yet he wishes to migrate to Australia and stay with his
wife and daughter. In this regard, it needs to be analyzed whether they are eligible for holding
a valid visa to migrate to Australia.
The Department of Home Affairs control the visa related matters and lays down
several dependent visas, from which two of the most relevant ones are discussed as follows:
1. Aged Parent Visa subclass 804
The Aged parent visa subclass 804 is the appropriate visa for an applicant currently
staying in Australia on another substantial visa which is either about to expire or the applicant
wants to change his visa subclass, if eligible. This visa stands on various eligibility criteria
which is laid down under the Migration Regulations 1994 as well as under the official
website of the Department of Home Affairs1.
1 Migration Regulations 1994, reg 1124A (3).
Letter of Advice
The following letter of advice is in regard to Ruth’s query about her parents being
eligible to be qualified for holding a parent visa option in Australia. Ruth, who is a medical
practitioner at the Tamar Valley Hospital in Tasmania, Australia wish to get her aged parents
migrated to Australia, one of whom is already in the country, in order to take care of them
personally as a doctor. Ruth, unmarried, had migrated to Tasmania10 years back on a skilled
migration visa on a qualification as a medical practitioner. Ruth’s mother, Sonya 62 years old
was brought to Australian on a Medical Treatment Visa subclass 602 for the purpose of
treatment and in the meanwhile her visa was extended for a period of 12 month. As informed
by Ruth, her mother’s health had improved while her stay in Australia and that was the sole
reason behind her of wishing to be migrated to Australia. Ruth’s father, David aged 61, on
the other hand, had visited Australia on an occasion to see his daughter and wife and liked the
place as he could resembles it with his yacht squadron where he works back home. Although
he went back to his home country, yet he wishes to migrate to Australia and stay with his
wife and daughter. In this regard, it needs to be analyzed whether they are eligible for holding
a valid visa to migrate to Australia.
The Department of Home Affairs control the visa related matters and lays down
several dependent visas, from which two of the most relevant ones are discussed as follows:
1. Aged Parent Visa subclass 804
The Aged parent visa subclass 804 is the appropriate visa for an applicant currently
staying in Australia on another substantial visa which is either about to expire or the applicant
wants to change his visa subclass, if eligible. This visa stands on various eligibility criteria
which is laid down under the Migration Regulations 1994 as well as under the official
website of the Department of Home Affairs1.
1 Migration Regulations 1994, reg 1124A (3).
2MIGRATION LAW
a) Application criteria
The applicant must be in Australia while applying for the subclass 804 visa. The
applicant should not be in immigration clearance while the department process the visa
application2.
b) Travelling option
The applicant would be eligible to travel to and from Australia for an unlimited
number of times till the first five years of the visa. After the expiry of the five years, the
applicant be liable to apply for a Resident Return Visa (RRV) for traveling to and from
Australia. However, the RRV would not be necessary if the applicant procures an Australian
passport which would let him travel to and from the country without applying for a visa.
c) Cost of applying the visa
The subclass 804 visa would cost AUD 6,415 approximately excluding the additional
charges that may be incremental depending on the extra services that the applicant would be
requiring, like addition of a dependent family member along with the application. The
payment, however, is to be made in two installments, the first one to be paid at the time of
applying the visa while the second installment would be payable as and when directed by
department. Additional charges like health checks, police certificates, biometric shall be
applied to the final cost of the visa3.
d) Health and Character requirement
The applicant is required to meet the health check requirement as laid down by the
Department of Home Affairs in its official website. The criteria is held by the department in
order to secure public health and safety. This heath requirement requires the applicant to be
free of diseases that might to harmful for the Australian community and might add cost to the
health care services of the government. The applicant needs to go through certain medical
2 Ibid.
3 Migration Regulations 1994, reg 1124A(1)
a) Application criteria
The applicant must be in Australia while applying for the subclass 804 visa. The
applicant should not be in immigration clearance while the department process the visa
application2.
b) Travelling option
The applicant would be eligible to travel to and from Australia for an unlimited
number of times till the first five years of the visa. After the expiry of the five years, the
applicant be liable to apply for a Resident Return Visa (RRV) for traveling to and from
Australia. However, the RRV would not be necessary if the applicant procures an Australian
passport which would let him travel to and from the country without applying for a visa.
c) Cost of applying the visa
The subclass 804 visa would cost AUD 6,415 approximately excluding the additional
charges that may be incremental depending on the extra services that the applicant would be
requiring, like addition of a dependent family member along with the application. The
payment, however, is to be made in two installments, the first one to be paid at the time of
applying the visa while the second installment would be payable as and when directed by
department. Additional charges like health checks, police certificates, biometric shall be
applied to the final cost of the visa3.
d) Health and Character requirement
The applicant is required to meet the health check requirement as laid down by the
Department of Home Affairs in its official website. The criteria is held by the department in
order to secure public health and safety. This heath requirement requires the applicant to be
free of diseases that might to harmful for the Australian community and might add cost to the
health care services of the government. The applicant needs to go through certain medical
2 Ibid.
3 Migration Regulations 1994, reg 1124A(1)
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tests which is evaluated by the Medical Office of the Commonwealth, as to whether such
medical condition found in the medical report is threatening for the Australian community
and if it would add cost to the health services of the government. The heath condition of the
applicant should not be such that it demands the medical resources that have a short supply in
Australia4.
In terms of character assessment, the application of the applicant shall be measured by
the following criteria:
Whether the applicant has a criminal record;
Whether the applicant was convicted in relation to any issues of immigration;
Whether the applicant is associated with any group which is involved in criminal
activity;
Whether the applicant is bearing a good character;
Whether the applicant has an opportunity or intent to harm the community;
Whether the application of the applicant involves an interest of a child;
Whether the refusal to grant the visa to the applicant would affect the applicant’s
family staying in Australia;
Whether the application of the applicant would have any adverse consequence to the
Australian community5.
e) Visa conditions
The Aged Parent subclass 804 does not have any restrictive condition attached to it6.
2. Parent Visa subclass 103
4 'Subclass 804 Aged Parent Visa' (Immi.homeaffairs.gov.au, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/aged-parent-804> accessed 12 September
2019
5 Ibid.
6 'Subclass 804 Aged Parent Visa' (Immi.homeaffairs.gov.au, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/aged-parent-804> accessed 12 September
2019
tests which is evaluated by the Medical Office of the Commonwealth, as to whether such
medical condition found in the medical report is threatening for the Australian community
and if it would add cost to the health services of the government. The heath condition of the
applicant should not be such that it demands the medical resources that have a short supply in
Australia4.
In terms of character assessment, the application of the applicant shall be measured by
the following criteria:
Whether the applicant has a criminal record;
Whether the applicant was convicted in relation to any issues of immigration;
Whether the applicant is associated with any group which is involved in criminal
activity;
Whether the applicant is bearing a good character;
Whether the applicant has an opportunity or intent to harm the community;
Whether the application of the applicant involves an interest of a child;
Whether the refusal to grant the visa to the applicant would affect the applicant’s
family staying in Australia;
Whether the application of the applicant would have any adverse consequence to the
Australian community5.
e) Visa conditions
The Aged Parent subclass 804 does not have any restrictive condition attached to it6.
2. Parent Visa subclass 103
4 'Subclass 804 Aged Parent Visa' (Immi.homeaffairs.gov.au, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/aged-parent-804> accessed 12 September
2019
5 Ibid.
6 'Subclass 804 Aged Parent Visa' (Immi.homeaffairs.gov.au, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/aged-parent-804> accessed 12 September
2019
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a) Application criteria
The applicant could be in or outside Australia while applying the Parent visa subclass
103 visa. However, the applicant should not be in immigration clearance while the
department process the visa application. In addition, it is required that the applicant must be
outside the country while his application is being processed by the department7.
b) Travelling option
The applicant would be eligible to travel to and from Australia for an
unlimited number of times till the first five years of the visa. After the expiry of the five
years, the applicant be liable to apply for a Resident Return Visa (RRV) for traveling to and
from Australia8. However, the RRV would not be necessary if the applicant procures an
Australian passport which would let him travel to and from the country without applying for
a visa.
c) Cost of applying the visa
The Parent visa subclass 103 would cost around AUD 6,415, excluding the additional
charges that may be incremental depending on the extra services that the applicant would be
requiring, like addition of a dependent family member along with the application9. The
payment, however, is to be made in two installments, the first one to be paid at the time of
applying the visa while the second installment would be payable as and when directed by
department. Additional charges like health checks, police certificates, biometric shall be
applied to the final cost of the visa.
d) Health and Character requirement
The applicant is required to meet the health check requirement as laid down by the
Department of Home Affairs. The criteria is held by the department in order to secure public
7 Migration Regulations 1994, reg 1124(3).
8 'Subclass 103 Parent Visa' (Immi.homeaffairs.gov.au, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a-
visa/visa-listing/parent-103> accessed 12 September 2019.
9 Migration Regulations 1994, reg 1124(2)
a) Application criteria
The applicant could be in or outside Australia while applying the Parent visa subclass
103 visa. However, the applicant should not be in immigration clearance while the
department process the visa application. In addition, it is required that the applicant must be
outside the country while his application is being processed by the department7.
b) Travelling option
The applicant would be eligible to travel to and from Australia for an
unlimited number of times till the first five years of the visa. After the expiry of the five
years, the applicant be liable to apply for a Resident Return Visa (RRV) for traveling to and
from Australia8. However, the RRV would not be necessary if the applicant procures an
Australian passport which would let him travel to and from the country without applying for
a visa.
c) Cost of applying the visa
The Parent visa subclass 103 would cost around AUD 6,415, excluding the additional
charges that may be incremental depending on the extra services that the applicant would be
requiring, like addition of a dependent family member along with the application9. The
payment, however, is to be made in two installments, the first one to be paid at the time of
applying the visa while the second installment would be payable as and when directed by
department. Additional charges like health checks, police certificates, biometric shall be
applied to the final cost of the visa.
d) Health and Character requirement
The applicant is required to meet the health check requirement as laid down by the
Department of Home Affairs. The criteria is held by the department in order to secure public
7 Migration Regulations 1994, reg 1124(3).
8 'Subclass 103 Parent Visa' (Immi.homeaffairs.gov.au, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a-
visa/visa-listing/parent-103> accessed 12 September 2019.
9 Migration Regulations 1994, reg 1124(2)
5MIGRATION LAW
health and safety. This heath requirement requires the applicant to be free of diseases that
might to harmful for the Australian community and might add cost to the health care services
of the government. The applicant needs to go through certain medical tests which is evaluated
by the Medical Office of the Commonwealth, as to whether such medical condition found in
the medical report is threatening for the Australian community and if it would add cost to the
health services of the government. The heath condition of the applicant should not be such
that it demands the medical resources that have a short supply in Australia10.
The application of the applicant needs to adhere to the requirements laid down under
section 501 of the Migration Act 1958. The visa application shall not be granted in case:
The applicant has a criminal record
The applicant was convicted in relation to any issues of immigration;
The applicant is associated with any group which is involved in criminal activity;
The applicant does not bear a good character;
The applicant has an intent to harm the community11.
e) Visa conditions
The Parent visa subclass 103 has two restrictive conditions attached to it. The
condition 8515 does not allow the applicant to get married or be in a de-facto relationship
before the applicant gets the visa. While the condition 8502 does not allow the parent to be in
Australia before his sponsor arrives12.
Sonya’s eligibility for the visa
Ruth’s mother Sonya is eligible to make an application for the Aged Parent visa 804
as she is staying is Australia with her daughter under the Medical Treatment visa. As required
10 'Subclass 103 Parent Visa' (Immi.homeaffairs.gov.au, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a-
visa/visa-listing/parent-103> accessed 12 September 2019.
11 Ibid.
12 'Subclass 103 Parent Visa' (Immi.homeaffairs.gov.au, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a-
visa/visa-listing/parent-103> accessed 12 September 2019
health and safety. This heath requirement requires the applicant to be free of diseases that
might to harmful for the Australian community and might add cost to the health care services
of the government. The applicant needs to go through certain medical tests which is evaluated
by the Medical Office of the Commonwealth, as to whether such medical condition found in
the medical report is threatening for the Australian community and if it would add cost to the
health services of the government. The heath condition of the applicant should not be such
that it demands the medical resources that have a short supply in Australia10.
The application of the applicant needs to adhere to the requirements laid down under
section 501 of the Migration Act 1958. The visa application shall not be granted in case:
The applicant has a criminal record
The applicant was convicted in relation to any issues of immigration;
The applicant is associated with any group which is involved in criminal activity;
The applicant does not bear a good character;
The applicant has an intent to harm the community11.
e) Visa conditions
The Parent visa subclass 103 has two restrictive conditions attached to it. The
condition 8515 does not allow the applicant to get married or be in a de-facto relationship
before the applicant gets the visa. While the condition 8502 does not allow the parent to be in
Australia before his sponsor arrives12.
Sonya’s eligibility for the visa
Ruth’s mother Sonya is eligible to make an application for the Aged Parent visa 804
as she is staying is Australia with her daughter under the Medical Treatment visa. As required
10 'Subclass 103 Parent Visa' (Immi.homeaffairs.gov.au, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a-
visa/visa-listing/parent-103> accessed 12 September 2019.
11 Ibid.
12 'Subclass 103 Parent Visa' (Immi.homeaffairs.gov.au, 2019) <https://immi.homeaffairs.gov.au/visas/getting-a-
visa/visa-listing/parent-103> accessed 12 September 2019
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by the Aged parent visa subclass 804, Sonya is present in Australia at the moment and thus
this makes her eligible for the subclass 804 visa. The requirement criteria of Aged Parents
subclass 804 visa matches with Sonya’s situation which would allow her to migrate to
Australia. However Sonya’s Medical Treatment Visa subclass 602 is restricted with the
condition 8503 that does not allow her to stay further or extend her stay in Australia13. In this
regard she is required to apply for the Bridging Visa A (BVA) subclass 010 which would
allow her to stay in Australia for the time being while the Department of Home Affairs
process her application of the aged parents subclass 804 visa. The bridging visa A subclass
010 shall not require Sonya to leave Australia while her substantial visa is under processing.
Therefore in order to extend her stay in Australia while her aged parents visa is under
processing, Sonia is required to apply for a bridging visa.
Therefore Sonya is eligible to apply for the aged parent visa subclass 804 as it allows
her to remain in Australia while applying for it; she is not required to leave the country as and
when the department is processing the visa. The aged parent visa allows Sonya to migrate to
Australia permanently and be with her daughter under her medical care.
David’s eligibility for the visa
As per Ruth’s father, David’s situation, he cannot apply for aged parent visa subclass
804 as he is not present in Australia currently. However he can apply for parent visa subclass
103 for being outside the country and wait till the department process his application. The
parent visa subclass 103 allows the applicant which is David in this case to stay in Australia
permanently. The subclass 103 visa would allow David to work in Australia along with
availing the Australian public health care scheme. As David is not vested with any substantial
Australian Visa at present, he would need to apply for a fresh visa while he is staying outside
Australia. The department of home affairs does not disclose the processing time of the parent
13 "Subclass 602 Medical Treatment Visa", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/medical-treatment-602>. accessed 9
September 2019.
by the Aged parent visa subclass 804, Sonya is present in Australia at the moment and thus
this makes her eligible for the subclass 804 visa. The requirement criteria of Aged Parents
subclass 804 visa matches with Sonya’s situation which would allow her to migrate to
Australia. However Sonya’s Medical Treatment Visa subclass 602 is restricted with the
condition 8503 that does not allow her to stay further or extend her stay in Australia13. In this
regard she is required to apply for the Bridging Visa A (BVA) subclass 010 which would
allow her to stay in Australia for the time being while the Department of Home Affairs
process her application of the aged parents subclass 804 visa. The bridging visa A subclass
010 shall not require Sonya to leave Australia while her substantial visa is under processing.
Therefore in order to extend her stay in Australia while her aged parents visa is under
processing, Sonia is required to apply for a bridging visa.
Therefore Sonya is eligible to apply for the aged parent visa subclass 804 as it allows
her to remain in Australia while applying for it; she is not required to leave the country as and
when the department is processing the visa. The aged parent visa allows Sonya to migrate to
Australia permanently and be with her daughter under her medical care.
David’s eligibility for the visa
As per Ruth’s father, David’s situation, he cannot apply for aged parent visa subclass
804 as he is not present in Australia currently. However he can apply for parent visa subclass
103 for being outside the country and wait till the department process his application. The
parent visa subclass 103 allows the applicant which is David in this case to stay in Australia
permanently. The subclass 103 visa would allow David to work in Australia along with
availing the Australian public health care scheme. As David is not vested with any substantial
Australian Visa at present, he would need to apply for a fresh visa while he is staying outside
Australia. The department of home affairs does not disclose the processing time of the parent
13 "Subclass 602 Medical Treatment Visa", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/medical-treatment-602>. accessed 9
September 2019.
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7MIGRATION LAW
visa subclass 103 and therefore David shall have to wait in his home country why his
application is being processed, which could take a long time. However he could apply for a
contributory parent visa subclass 143, which although is expensive get takes a lesser time to
get processed. David is eligible for this subclass 143 visa as he is an earning member of the
family e working as a yacht squadron which would not make him financially dependent on
his daughter. In addition David also has the option to apply as an additional member along
with Sonya's Aged Parent visa subclass 804 which allows the applicant to include a family
member in the same visa application. Sonya’s aged parent visa requires detailed information
about the applicant and the additional family member including their health and character
requirement.
Therefore to conclude the letter of advice, Ruth has a few options to help her parents
migrate to Australia and be under her care and observation. The aged parent subclass 804 visa
is the most appropriate visa for Ruth’s mother as she complies with all the requirement
criteria of this visa along with the fact that she is currently present in Australia, with another
substantial visa which is about to expire. As her medical treatment visa is about to expire and
is non extendable, Sonya is required to apply for the bridging visa A which would allow her
to stay in Australia while the department is processing her aged parent visa. Ruth’s father
can apply for the parent visa subclass 103 as he is outside Australia at the moment and would
be required to wait until the Department approves the parent visa. However he could also
apply as an additional member along with Sonya’s aged parent visa.
visa subclass 103 and therefore David shall have to wait in his home country why his
application is being processed, which could take a long time. However he could apply for a
contributory parent visa subclass 143, which although is expensive get takes a lesser time to
get processed. David is eligible for this subclass 143 visa as he is an earning member of the
family e working as a yacht squadron which would not make him financially dependent on
his daughter. In addition David also has the option to apply as an additional member along
with Sonya's Aged Parent visa subclass 804 which allows the applicant to include a family
member in the same visa application. Sonya’s aged parent visa requires detailed information
about the applicant and the additional family member including their health and character
requirement.
Therefore to conclude the letter of advice, Ruth has a few options to help her parents
migrate to Australia and be under her care and observation. The aged parent subclass 804 visa
is the most appropriate visa for Ruth’s mother as she complies with all the requirement
criteria of this visa along with the fact that she is currently present in Australia, with another
substantial visa which is about to expire. As her medical treatment visa is about to expire and
is non extendable, Sonya is required to apply for the bridging visa A which would allow her
to stay in Australia while the department is processing her aged parent visa. Ruth’s father
can apply for the parent visa subclass 103 as he is outside Australia at the moment and would
be required to wait until the Department approves the parent visa. However he could also
apply as an additional member along with Sonya’s aged parent visa.
8MIGRATION LAW
Bibliography
Legislation
Migration Act 1958
Migration Regulations 1994
Websites
"Subclass 602 Medical Treatment Visa", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/medical-treatment-602>
accessed 12 September 2019
'Subclass 103 Parent Visa' (Immi.homeaffairs.gov.au, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/parent-103> accessed 12
September 2019
'Subclass 804 Aged Parent Visa' (Immi.homeaffairs.gov.au, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/aged-parent-804> accessed
12 September 2019
Bibliography
Legislation
Migration Act 1958
Migration Regulations 1994
Websites
"Subclass 602 Medical Treatment Visa", Immi.Homeaffairs.Gov.Au (Webpage, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/medical-treatment-602>
accessed 12 September 2019
'Subclass 103 Parent Visa' (Immi.homeaffairs.gov.au, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/parent-103> accessed 12
September 2019
'Subclass 804 Aged Parent Visa' (Immi.homeaffairs.gov.au, 2019)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/aged-parent-804> accessed
12 September 2019
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