LML6003 Migration Law Assignment: Parent Visa Advice

This assignment provides a comprehensive analysis of Australian migration law, specifically addressing the visa options available for parents seeking to migrate to Australia. The assignment focuses on a scenario where a permanent resident, Ruth Gandhi, wishes to sponsor her parents, Sonya and David. Due to the balance of family test, which requires an equal number of children in Australia compared to other countries, Sonya and David are ineligible for a permanent visa. The solution recommends the Sponsored Parent (Temporary) Visa (subclass 870) as a suitable alternative, detailing the eligibility criteria for both the parents and the sponsor. The report outlines the sponsor's financial obligations, including income requirements and the responsibility for covering medical costs. It also covers the parents' requirements, such as health and character assessments. The assignment emphasizes the temporary nature of the visa, its conditions, and the implications for permanent residency. It concludes by recommending the subclass 870 visa, highlighting the need for Sonya and David to meet all the specified requirements under the Migration Regulations 1994.

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

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To- Ruth Gandhi
From- Registered Migration Agent
Sub- Letter of Advice
Miss Ruth Gandhi’s query regarding her parent’s visa options for migrating to
Australia is being the main focus of this letter of advice. As conferred by Ruth, her parents
Sonya and David wish to migrate to Australia and be with her. Ruth is holding a Skilled
Migrant Visa which makes her a permanent resident of Australia. Her visa category allows
her to sponsor her parents to migrate to Australia as her dependent. Sonya, 62 years old and
David, 61 years, both aged parents could be granted a number of different parent visa offered
by the Department of Home Affairs, such as the Parent visa subclass 103, Age parent visa
subclass 804, Contributory Parent visa, Sponsored parent visa. However, all of the above
mentioned visas are subject to fulfillment of certain eligibility standards and conditions as
held by the Migration Regulations 1994.
Sonya and David have two other children, one of whom is staying in India and
another one at New York. In this regard, the Australian migration law is strict with the
applicants and judge a parent visa application on the basis of the Balance of family Test as
stated under the Migration Regulations 1994. The balance of family test requires the parent
visa applicant to have equal number of children at Australia and at any other country.
However, as per the given scenario, Sonya and David shall not be permitted to hold a
permanent visa that asks for a balance of family test assessment1. Therefore, they shall be
eligible to hold a temporary visa that would allow them to stay in Australia for a specific time
frame. For this reason, Sonya and David is recommended to apply for the Sponsored Parent
(Temporary) Visa Subclass 870 as it is not restricted by the Balance of Family test. As per
1 Spinks, Harriet. Australia's Migration Program. (Parliamentary Library 2010)

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this particular subclass visa, they would not be permitted to migrate permanently to Australia
as residents They shall be allowed to hold a stay visa for 3 or 5 years and could travel to and
from Australia as many times as they wish during the applicability of the visa.
The Sponsored Parent (Temporary) Visa Subclass 870 allows the applicant parents
to be in Australia with their children for a time duration of 3 or 5 years which could be
renewed after their expiry. The subclass 870 visa could be extendable up to 10 years
maximum which however cannot be renewed. Both the parents of a sponsor will be allowed
to apply for the Sponsored Parent (Temporary) Visa Subclass 870. By this visa the
government of Australia ensures that it does not have to bear any cost for the applicants while
they stay in Australia with their children who are mainly the one sponsoring their parents’
visa application. Therefore in this regard, it is essential to evaluate the eligibility criteria of
the sponsor.
Sponsor
For processing a parent visa application, the Department evaluates the eligibility
criteria of the sponsor who helps the applicants to apply for the sponsor parent visa. The
eligibility criteria of the sponsor and the applicants are evaluated with different criteria,
however it is the sponsor whose eligibility is measured before the applicant, as the eligibility
clearance of the sponsor has a direct effect on the visa application of the applicants. For the
purpose of the visa application of the applicants under sponsor parent visa, the sponsor must
show that she draws a taxable income of $83,454.80 every year2. The sponsor must be the
child of the applicant who is the biological, step or adopted parents of the sponsor. The
sponsor should be free of debts to the Australian Government or if they have any form of
debt, they must make necessary arrangement to clear it3. The sponsor must be clear of any
record of the Police department, in Australia or any other country. The sponsor needs to obey
2 Migration Regulations 1994, reg 2.60W(1)(2)(4).
3 Migration Regulations 1994, reg 2.60Z

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the sponsorship obligation as held by the Migration Regulations 1994, along with fulfilling
all other eligibility criteria so that the parent visa application of her parents are taken into
consideration by the Department.
Certain sponsorship obligation needs to be fulfilled by the sponsor along with the
eligibility criteria. One of the major obligation being the ability to financially support her
parents so that they do not became a cost for the Australian government4. The sponsor must
hold record of her sponsorship to her parents for at least 2 years and must present them when
asked by the department5. A sponsor must clear her debts to the Australian government or
must find out ways to clear it as otherwise the application of the applicants could be rejected.
It is the sponsor shall have the responsibility to bear the medical costs of the applicants by the
help of private medical insurance as the sponsor parent visa does not allow the applicants to
hold the privilege of deriving the benefits of Australian public health scheme. The sponsor is
liable to clear the public health debts of the applicants as otherwise the creditors could bring
charges against the sponsor6. The sponsor must not fail to carry out her eligibility obligations
as otherwise the department could reject the visa application of her parents7.
Sonya and David’s Application of the Sponsored Parent (temporary) visa
The Sponsor Parent (temporary) visa subclass 870 would allow Sonya and David to
stay temporarily in Australia as they are not eligible to hold a permanent visa. They are
barred by the balance of family test as they have two other children staying at two different
country other than Australia; they only have Ruth, their daughter staying in Australia as a
permanent resident though. The balance of family test signifies the government’s initiative to
curtail population growth that is incidental due to the huge immigrant influx over the years.
4 Migration Regulations 1994, reg 2.87CF
5 Migration Regulations 1994, reg 2.87CB, reg 2.87CC
6 Migration Regulations 1994, reg 2.87CE
7 Migration Regulations 1994, reg 2.88, reg 2.89

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Therefore, the temporary visas strive to check the population growth effected by
unreasonable immigration8.
Sonya and David shall be liable to meet the eligibility criteria for applying the
sponsor parent visa or any other visa, for that matter. They, as applicants shall be required to
meet the following criteria: a) the applicants are required to be backed by a sponsor who
would bear all kinds of cost that the applicant shall incur9; b) The applicants must be above
the age of 18 and should be residing outside Australia at the time of making the application,
except for certain exceptional cases where the Department of Home Affairs gives permission
to the applicant or the applicant is holding a substantial visa while making the application; c)
The applicant must be able to support her sponsors financially10. d) The applicant must show
that she holds a private health insurance so that there are no cost to bear for the Australian
government; e) The applicants are required to clear the character test assessment as held by
the Migration Act11; f) along with the character test assessment, the applicant must also clear
the health assessment and the national security assessment.
The Sponsored Parent (Temporary) visa subclass 870 is permitted to the applicants for
a term of 3 or 5 years which could be extendable for a period 10 years. The sponsor parent
visa does not let an applicant reside in Australia permanently and they are required to renew
the validity of their visa. However, once a sponsor parent visa has been extended for a term
of 10 years, the applicants cannot renew or extend it further and shall be liable to apply for a
substantial visa. The Sponsored Parent (Temporary) visa that is granted for a term of 3 years
cost $5000 and the one granted for 5 years cost around $10000 which are asked to pay in two
parts. The first part is to be paid at the time of applying for the visa and the second part is to
be paid when the visa is processed or when the Department asks to pay it, whichever is
8 Birrell, Bob. "The outlook for population growth in Australia." (2014) Sustainable Futures: Linking
Population, Resources and the Environment 25.
9 Migration Regulations 1994, sch 2 870.221
10 Migration Regulations 1994, sch 2 870.222
11 Migration Regulations 1994, sec 501(6)

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earlier. The Department does not specify the processing time for the sponsor parent visa
subclass 870 as it is evaluated on the basis of many factors that requires a substantial amount
of time.
The sponsor parent visa is restricted by different conditions that needs to be followed
by the applicant when the visa application is cleared. The condition 8130 does not let the
applicant work in Australia while they stay there while the 8564 condition restricts the
applicants to indulge in criminal activity12. Condition 8303 restrict the applicant to indulge in
any violent act that might be harmful for the Australian community13. Condition 8501 and
8550 asks the applicant is required to update the Department in case of any kind of change in
status pertaining to his or her application14. Condition 8531 directs the applicants to leave
Australia before the expiry of their sponsor parent visa unless they apply for another
substantial visa that allows them to continue their stay. Therefore, it signifies that this visa
does not let the applicant stay in Australia permanently15.
The applicant must fulfil public interest requirements as held by the Migration
Regulations 1994. The applicant must clear the character assessment test16. The applicant
must clear the eligibility that ensures no threat to the Australian foreign policy17. The
applicant must clear the medical assessment test to ensure that he or she is not affected by
tuberculosis or any other contagious diseases that may threaten the population of Australia18.
The applicant should be a cost to the government and therefore must clear all public health
debt19. The applicant must clear all outstanding debts due to the Australian government. In
12 Migration Regulations 1994, sch 8, condition 8130, 8564
13 Migration Regulations 1994, sch 8, condition, 8303
14 Migration Regulations 1994, sch 8, condition 8501, 8550
15 Migration Regulations 1994, sch 2 870.226
16 Migration Regulations 1994, sch 4, cl 4001
17 Migration Regulations 1994, sch 4, cl 4003
18 Migration Regulations 1994, sch 4, cl 4005
19 Migration Regulations 1994, sch 4, cl 4010; reg 1.15K

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addition, the applicant must sign a value statement. The applicant is required to hold a
passport issued by an eligible authority20.
Therefore, it could be held that Sonya and David shall be eligible to hold the Sponsor
Parent (Temporary) Visa subclass 870 as they shall both be barred by the balance of family
test that requires applicant to have equal number of children or dependent in Australia in
comparison to another country. As Sonya and David have a son living in New York and a
daughter in India, they shall not be granted a permanent migration visa in Australia. They
could hold the Sponsor parent visa that would either permit them to stay for 3 or 5 years in
Australia. As the Sponsor parent visa does not let an applicant to include a family member in
the same application, Sonya and David shall be required to apply for the visa separately. It
will be much easier for David to opt for the Sponsor visa as he is outside Australia at present.
However, he shall be required to meet all the criteria similar to Sonya in terms of eligibility.
Therefore to conclude, Sonya and David is recommended to apply for the Sponsored
Parent (Temporary) visa subclass 870 which shall let them stay in Australia for a term of 3 or
5 years. They shall be required to fulfil all the eligibility criteria in regard to the Sponsor
Parent (Temporary) Visa subclass 870 and as held in the Migration Regulations 1994. Sonya
and David shall be liable to meet the eligibility criteria for applying the sponsor parent visa or
any other visa, for that matter. The applicants are required to be backed by a sponsor who
would bear all kinds of cost that the applicant shall incur. However, Ruth shall be liable to
meet the sponsor criteria, which would decide the fate of Sonya and David’s sponsor parent
visa. The visa application must meet the sponsorship requirement, pas the income test,
conduct requirement, outstanding debt requirement, partner requirement as directed by the
Migration Regulations 1994 (Cth). Once the visa application meets the above mentioned
20 Migration Regulations 1994, sch 4, cl 4021

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requirements, the Department shall be obliged to process the application within a reasonable
time frame and subsequently ask the applicants to pay the other half of the application fee.

8MIGRATION LAW
Bibliography
Books/Journal
Birrell, Bob. "The outlook for population growth in Australia." (2014) Sustainable Futures:
Linking Population, Resources and the Environment 25.
Spinks, Harriet. Australia's Migration Program. (Parliamentary Library 2010)
Legislation
Migration Regulations 1994
Government Website
(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