Graduate Diploma in Migration Law: Visa 103 Processing Time Report

This report provides an analysis of the processing time associated with the Australian Parent Visa (Subclass 103), specifically addressing the inquiries of Amy and Frederick. It outlines the eligibility criteria, including the requirement for a sponsoring child who is an Australian citizen or permanent resident, the balance of family test, and health and character requirements. The report details the visa's offshore nature and the potential waiting time, which can be up to thirty years due to high demand and capped annual limits. It also references relevant legislation, such as the Social Security Act, which addresses pension eligibility for aged parents and discretionary assurance support. The report highlights that Fredrick and Amy meet the age and family criteria, with two of their three children residing in Sydney. The document emphasizes the importance of understanding processing times and the need to meet all eligibility criteria before applications are placed in a queue.

Migration

To: Amy and Frederick
From: Agent
Date: 12/04/2019
Subject: Advising on the approximate processing time of visa for offshore options
The government of Australia has implemented rules and regulations for managing the visa
processing time. An individual has to understand the rules that are associated with the
processing times for onshore and offshore options. It is being analyzed that visa 103 enables
parents to spend their life temporarily and permanently in Australia 1. The eligibility of an
applicant depends on the terms and conditions included in the parent visa legislation.
 The applicant should have a child who is residing permanently in New Zealand or
Australia
 The child should be lawfully living for at least two years in Australia
 The applicant is being sponsored by the child
 The terms and conditions stated in the balance of family test should be met by the
applicant
 The applicant should meet the requirement of health and character
The sponsor or the child should be a permanent citizen of Australia. The criteria that should
be met by the sponsor are as follows:
 The sponsor should be 18 years of age or above
 The sponsor should be legally living in Australia for a minimum of two years before
the applicant lodging for the visa
 If the sponsor is not above 18 years age then anyone can become the sponsor and it
can transfer to a child after becoming 18 or above
The applicant should follow the balance of family test and meet the criteria. The criteria that
should be met by the applicants are as follows:
 At least half of the children of the applicant are living permanently in Australia
 More of the children of the applicant is living in Australia in comparison to any other
nation
1 Callie Harvey, Cornerstones Of Australian Law (Tilde University Press, 3rd ed, 2009) 78.
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The parents have to follow the criteria depicted in visa 103 in order to get permanent
residency. Under section R1.03, dependent children can be adopted or the natural one. The
children can be above or under 18 years of age, married or single. The child can be working
or may not be working due to any physical or mental issue. There should be no more than one
visa application which is pending and if it is pending then the applicant should withdraw it2.
Under section 5 and 1.03, an aged parent can receive a pension as per the law. The pension is
to be provided by the government after meeting the criteria that their age should be above 65
years. Parent (103) is considered to be the offshore visa that is available for the parents. The
parent should be a resident of Australia or living in any other country. The applicant can
move from one country to another country temporarily or permanently on the basis of the
legislation and criteria. 103 visa also provides support for the health charges and paying for
the same to the applicants. 143 offshore can be applied by the parents living at any age3.
The Social Security Act shows that the aged applicants would receive a pension in order to
spend their life happily. Medical impairment is to be provided to the citizen of Australia and
for at least two years direct assistance is being provided to them. A contributory parent visa
taken by a parent is not allowed to sponsor their partner for at least five years. Appropriate
support is being provided the applicants having parent visa under the Social Security Act. It is
also provided to the aged parent visa, contributory parent visa and aged dependent relative4. It
is being also found that discretionary assurance support which is to be provided to other
visas. The income needs to be earned by the assurer for covering the expenses of the family.
The assurance support is to be provided to up to two adults and to any minors. Bond is to be
provided for ensuring the assurance support and not to be applicable for the discretionary
assurance. For the contributory parent visas, the bond period is of 10 years5. The entrants into
the community support programs are for twelve months and for other visas are for two years.
For the primary contributory parent visa, the bond amounts to $10000 and $4000 for the
secondary contributory visa.
Claire and Julie are depicted to the permanent resident of Australia. Thus, they have the right
to sponsoring their parents. The age of Julie and Claire is above 18 and legally acceptable to
2 Aussizz, "Parent Visa Subclass 103, Parent Visa For Australia | Aussizz Group", Aussizz Group(Webpage, 2019)
<https://www.aussizzgroup.com/india/parent-visa-subclass-103>.
3 John Vrachnas, Migration And Refugee Law (Cambridge University Press, 5th ed, 2012) 145.
4 Home Affairs, "Parent Visa", Immi.Homeaffairs.Gov.Au (Webpage, 2018)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/parent-103>.
5 Legislation, "Federal Register Of Legislation - Australian Government", Legislation.Gov.Au(Webpage, 2018)
<https://www.legislation.gov.au/Series/C1958A00062>.
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be a citizen of Australia. It is being found that the balance of family test is also achieved
because two of the children out of three are residing in Sydney. Fredrick and Amy's age is
more than 65 years which means they are considered to be aged parents6. Under the Social
Security Act, they are eligible to receive a pension. The processing time to receive a visa is to
be examined under the legislation and law. It will allow both them to become the permanent
resident of Australia. According to Parent (Subclass 103), the waiting time for receiving the
visa is up to thirty years. It is being found that the global processing time for the applications
is not available because there is a large number of applications that are capped and queued.
The family permanent visas have more demand and availability is very less in each year. The
applicant has to lodge in order to process the applications. After reaching the limit, the visas
would be granted in each year. The applicants need to meet the eligibility criteria but it is to
be placed in queue before it becomes available. In compelling and compassionate
circumstances, the application cannot be rearranged or moved up. Thus, both of you have to
follow the processing time which is 30 years as per the rules and regulations.
6 Shamsher Kainth, "New Visa For Parents Of Australian Migrants To Be Available In 2019", SBS Your
Language (Webpage, 2018) <https://www.sbs.com.au/yourlanguage/punjabi/en/article/2018/11/29/new-
visa-parents-australian-migrants-be-available-2019>.
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References
Harvey, Callie, Cornerstones Of Australian Law (Tilde University Press, 3rd ed, 2009)
Vrachnas, John, Migration And Refugee Law (Cambridge University Press, 5th ed, 2012)
Aussizz, "Parent Visa Subclass 103, Parent Visa For Australia | Aussizz Group", Aussizz
Group(Webpage, 2019) <https://www.aussizzgroup.com/india/parent-visa-subclass-103>
Home Affairs, "Parent Visa", Immi.Homeaffairs.Gov.Au (Webpage, 2018)
<https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/parent-103>
Kainth, Shamsher, "New Visa For Parents Of Australian Migrants To Be Available In
2019", SBS Your Language (Webpage, 2018)
<https://www.sbs.com.au/yourlanguage/punjabi/en/article/2018/11/29/new-visa-parents-
australian-migrants-be-available-2019>
Legislation, "Federal Register Of Legislation - Australian
Government", Legislation.Gov.Au(Webpage, 2018)
<https://www.legislation.gov.au/Series/C1958A00062>
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