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17th August 2011
Volume 198

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Sponsoring your parents to Australia
Dear students, 


Welcome to the latest edition of IMMIGRATION NEWS and to the new subscribers. This free service is brought to you by Australian Immigration Law Services. You can subscribe by using the link on the right hand side or by visiting our web site. Please feel free to forward this email to any of your friends.
Today we discuss the Parent visas available to those who are eligible and fortunate to be in a position to do so. Its a complicated topic so we have split into 2 parts. The first section covers the rules about being eligible to sponsor or being the applicant.   

Sponsoring your parents to Australia 
Part 1


Today we cover one of the most important decisions a family can take, whether your parent(s) will migrate to Australia to be with you. It is no small step to take for it takes a considerable investment of time, money and effort.


Unfortunately not everyone who would like to, will be able to sponsor their parents, for a number of specific conditions must first be met.


The first basic two are;


1) As sponsor you will need to be a settled in Australia as an Australian citizen, Australian permanent resident or eligible New Zealand citizen.


The term "settled" is defined by Regulation 1.03 as lawfully resident (includes temporary resident) in Australia for a "reasonable period", which seems to us, just one vague term substituted for another. This period of time however is not consistant. According to DIAC, for a permanent resident it is ment to be 2 years (at the time of application), however for an Australian citizen who has been living overseas and returned, it can be as little as three months. On top of this DIAC states;


However, when assessing whether or not a person is 'settled', each case is to be considered on an individual basis with regard given to the facts of the case


And why on earth does the "settled" period have to be st at the time of application? Considering it can take applicants two years to get a case officer this would mean the sponsor had been here for 4 years! 



2) Then, then Balance of Family (BoF) test must be met. According to DIAC this is met when;



A parent will meet the balance of family test if

  • at least half of the parent's children and step-children are Australian citizens, Australian permanent residents usually resident in Australia or eligible New Zealand citizens usually resident in Australia or
  • compared to children who are resident in any other one country, more of the parent's children and step-children are Australian citizens, Australian permanent residents usually resident in Australia or eligible New Zealand citizens usually resident in Australia

The term `usually resident` is another mindfield which needs to be negotiated , very carefully. DIAC`s policy describes it as;


The evidence for being usually resident somewhere may be seen in a variety of factors, including maintaining a home in a particular place, going to work there, owning property, business or other interests there, having family and other ties in the place. Absence from a place at a particular time does not automatically mean it is not a person's usual residence, as the person may have already established usual residence there in circumstances where their absence is still consistent with having usual residence in that place.


It follows that a person who holds a permanent visa but has not activated that visa by entering Australia may, depending on the facts of the case, be considered usually resident if they have the intention of making Australia their home, had previously lawfully entered Australia (even if only on a temporary visa at that stage) and established the type of links that are indicative of usual residence

A person who has never entered Australia could not be found to be usually resident in Australia as they have never established their physical presence in Australia.


If you find that somewhat confusing I can assure you that you are not alone so the following examples may be of help.


A) There are three children in Jim`s family. Jim obtained his PR of Australia last month but has been living here the last 4 years on his student visa and then bridging visa. He has one sister in India and one sister living in the US. Since there are greater number of children who are not PR of Australia the balance of family cannot be met. If one of Jim`s sisters became a permanent resident and migrated to Australia the the BoF would be met and he could sponsor. Jim`s time on the student visa and the bridging visa would meet the settled and usually resident criteria.


B) Sue has one sister who is an American citizen living in the US. Sue obtained her Australian PR after her two year course here. As soon as she became a PR she was eligible to sponsor as the BoF has been met and she has lived in Australia for more than 2 years, thus meeting the settled and usually resident criteria. She can sponsor her parents.


C) Yatin has five sisters. Two in Australia and are citizens like himself, living here for a number of years. The other two sisters live back in India and have never been to Australia. Yatin can sponsor his parents for there are a greater number of children in Australia who meet the criteria.


D) Paul has one brother and one sister and they both live with him in Australia. Paul obtained his PR last week after a two year course here. His brother has also has applied for PR via the partner visa and has been granted the temporary residency visa last month. His sister is due to finish her course and apply for PR in about a month. Even though all the children live in Australia only one of them has the visa status that qualifies them to be counted, Paul. His brother is on the TR partner visa and will not become PR until his two years is up (another 18 months). When his sister applies for PR and this is granted, then the BoF will be met. If her application is delayed in processing then Pauls brother may obtain his PR first so then the BoF will be met.


E) Jesica has no brothers of sisters. She applied for PR of Australia whilst she was in America and had it granted last month. She plans to move to Australia soon and then wants to sponsor her mother to join her. The problem is that even though being a PR on one hand and moving to Australia to live permanently  would meet the BoF as she could be considred as "usually resident" after a short priod, she cannot sponsor her mother until the definition of "settled" has been met. After she has lived in Australia for the required two year period her mother could then apply.


F) Peter has one brother who is now an Australian citizen like himself and a sister who lives in the UK and has no Australian residency status. Peter`s brother has just left to live in the UK with his sister for three years while he studies his Ph.D. there. He then wants to work for a while in Europe afterwards. Peters parents want to migrate to Australia. Since Peters brother has moved to the UK, even though he is an Australian citizen describing him as "usually resident` would be difficult and thus the BoF cannot be met. Peter will have to wait until his brother moves back to Australia before he can sponsor his parents.

G) Junaid is a PR of Australia and lived here for 5 years. He has 6 other brothers and sisters. Two brothers are here with him in Australia and they just obtained their PR. He has three sisters in Bangladesh and they have no Australian visas. One of his brothers is planning to return to Bangladesh for a year to do a one year Masters degree and is planning to return afterwards. He still keeps his car and possessions at his brothers place in Australia. The Bof can still be met since Junaids brothers abcence from Australia is only temporary and he has already established a life here.


Options for Parent visa

There are a number of options you can choose in lodging a parent visa for Australia which on paper seems appealing but in reality when you check the detail, they are limited.


A few years ago DIAC introduced a system where a medicare levey was charged to applicants to help the government share the burden of the expected elderly community would impact upon the Australian health budget. Most Australians could have cared less that new elderly arrivals had to pay a great deal to live in Australia however that was only one side of the picture. On the other hand many residents who had lived and paid their taxes for many years in Australia thought such a move was grossly unfair on them, they felt they had earnt the right to bring their parents to Australia.


So then you had two sets of parent visas one could apply for (Contributory sub classes), one where they paid a great deal of money, and where they didn't (Non-Contributory). These are as follows;


-       Aged Parent (Residence) visa- Subclass 804

-       Contributory Aged Parent (Residence) visa- Subclass 864

-       Contributory Aged Parent (Temporary) visa- Subclass 884

-       Contributory Parent (Migrant) visa- Subclass 143

-       Contributory Parent (Temporary) visa- Subclass 173

-       Parent (Migrant) visa- Subclass 103


Only the 804 and the 103 are the ones where the big money is not paid but DIAC has tried to force people away from applying for these by limiting the number of grants to such a trickle that it now can take up to 15 years before the grant decision making process will take place. This creates such disadvantage to those who do not have the monetary resources to apply for the contributory sub-classes.


The Aged Parent visa


Please find PAMS's Age requirements below.


There are 3 Age Requirements


The regulation 1.03 aged parent definition requires the persons to be old enough to be granted an age pension under the Social Security Act 1991, under which;

  • all men qualify for an age pension at 65 years of age but
  • transitional arrangements apply to women. The age at which women qualify for an age pension can be found using the table below;

Date of birth             Period when women in age group qualify    Age

Before 1.7.1935         Before 1 Jan 1996                                         60

1.7.1935-31.12.1936  Between 1 Jan 1996 & 30 Jun 1997             60.5

1.1.1937-  30.6.1938  Between 1 Jan 1998 & 30 Jun 1999             61

1.7.1938-31.12.1939  Between 1 Jan 2000 & 30 Jun 2001             61.5

1.1.1940-  30.6.1941  Between 1 Jan 2002 & 30 Jun 2003             62

1.7.1941-31.12.1942  Between 1 Jan 2004 & 30 Jun 2005             62.5

1.1.1943-  30.6.1944  Between 1 Jan 2006 & 30 Jun 2007             63

1.7.1944-31.12.1945  Between 1 Jan 2008 & 30 Jun 2009             63.5

1.1.1946- 30.6.1947   Between 1 Jan 2010 & 30 Jun 2011             64

1.7.1947-31.12.1948  Between 1 Jan 2012 & 30 Jun 2013             64.5

1.1.1949 onwards      From 1 Jan 2014 onwards                            65


 Meeting the requirements to be considered as "aged" is one part, then next tough decision is which visa sub class to use.


In Part 2 to be released next Wednesday we will cover the advantages and disadvantages of each visa.


Stay tuned....

Replies to Readers' Comments                        
We have received some comments on last week's newsletter.  In the past I know some of you have written and I haven`t the time to be able to reply but I shall try to do my best.

Chris writes;

Dear Mr Konrad,


Thanks for letting us know everyday immigration issues to thousands of international students. I have subscribed to your immigration letters long time ago and i read it very interestingly. 


If you could please answer to my question. 


*I lodge my partner visa application on 15/5/2011 and still haven't heard anything from DIMIA. I called them 02 times and they said it will takes 9 months. I lodge my application to Melbourne office in person without any agent. My question is why do they take long time to process onshore partner visa application ?


Thanks and regards,



Well Chris that is a dam good question which I raised my concerns about in the editorial. So much money has been paid to have a visa processed so I give little weight to DIAC`s age old response that we are too busy with so many applications. In a business such as mine, when the work comes in more staff is required and when your getting paid well to do a job then people expect you to act in a timely and professional manner. I would have to say that the sort of delay you are experiencing is not professional. In reality many applicants such as your partner, are waiting more in the range of 12 months before a case officer is allocated. They are in Sydney. DIAC needs to pull itself out of the dark ages and realise that the level of customer service they are providing is no longer acceptable. In reality the only reason they get away with it is because they deal mainly with overseas temporary residency holders who have little political influence. Chris if you are a citizen by now I would be making an appointment to see my local Federal member of parliament.
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Kind regards,

Karl Konrad: Managing Director and

Jee Eun HAN, Executive Manager     

Australian Immigration Law Services

MARN: 9904238, 0850073 

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저희 회사에는 한국인 스탭도 일하고 있습니다.








Recently one of my clients obtained their parent visa after waiting in the que for just over ten years. I was starting to wonder if I was still going to be alive to see it granted.


Now the time is stretching to about 15 years unless families are willing to pay the large sums being asked by DIAC. I would have to say it has now reached the ridiculous state that such a long wait is unethical. I mean who knows what is going to happen to someone after such a long period of time and to take their hard earned application fee from them and then say, see you in 15 years, is just a sick joke.


If DIAC is not prepared to process applications in a reasonable period then I would have to say that the visa class should not exist. It reminds of the poor GSM applicants now waiting for years for their visas to be processed. DIAC offers they can withdraw their applications if they like, but they are not offering any refunds, how generous.


I`m afraid this government has distorted the migration program in a greedy, selfish manner which is beyond imagination. They say they are acting in the best interests of the country but they fail to see that many Australians do not appreciate the reputation they are giving this country by generating policies which evoke memories of the horrid white Australia regime.




Karl Konrad

Managing Director 

Karl Konrad


Han Photo with Jacket

Executive Manager

Jee Eun Han

         Senior Support Staff
Eun Hye KIM


Case Manager 

Eun Hye

Hae Jung WOO

Finance Officer


Jean Kim

Administration Officer 


Zoe HE

Customer Service Officer




Customer Service Officer



Yusha He_journalist




Australian Immigration Law Services  

phone: 61 2 92791991 | fax: 61 2 9279 1994
email: | website: 


 Level 13, 37 York Street Sydney NSW 2000

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