Advice on cases involving Aged Parents visas in which the principal applicant has died away. Policy adjustments, feedback-driven modifications, and temporary processing pause for secondary applications.

Advice for Immigration Agents and Attorneys Concerning Secondary Applicants with Aged Parents

This guidance attempts to provide clarification on the steps to be followed by applicants for Aged Parent visas in cases where the original applicant has died and the secondary applicant—who might not be eligible for an Aged Parent visa—is the only one left. Legal counsel and immigration agents are concerned about this issue and want clarification on how the Department handles these matters.

Overview of Current Policy

The Schedule 2 Parent visas Procedural Instruction (PI) n (VM-3058), which was published on June 30, 2017, outlines the current policy as follows:

       1. Maintenance of Queue Position: In the event of the death of the original old Parent visa applicant, the secondary applicant—if not ‘old,’ but still eligible to apply—may continue to be in   the queue until their case is examined and granted consideration.

      2. Age Requirement: The secondary applicant’s application will be denied if, at the time of decision-making, they do not fit the criterion of “aged.” On the other hand, candidates who          satisfy all other standards and are ‘aged’ may be granted a visa. One ‘time of application’ criterion is the age requirement.

Behavior and Sensitivity

Given the delicate nature of these cases—particularly those involving elderly applicants who have lost a spouse—the visa processing team has made an effort to get in touch with possibly affected clients via their authorized representatives or migration agents in order to better understand their situation.

Comments and a Brief Intermission

The Department has chosen to temporarily halt processing these cases due to the substantial impact on clients, input from many immigration agents, and legal representations. This break enables the Department to investigate longer-term options, especially for those who are presently in Australia.

Temporary Actions

      1. Nothing More to Do: The Department will not take any further action in these situations while these considerations are still open.

      2.Regular Updates: The Department will provide legal counsel and migration agents with updates on the status of these considerations.

Prospective Aspects to Take into Account

The Department is actively investigating ways to reconcile the humanitarian dimensions of these cases with the obligations of policy. Among the potential fixes under consideration are:

   1. Policy Amendments: Examining and maybe revising the present policy to give secondary applicants in these particular situations more freedom and more precise guidance.

   2. Case-by-Case Assessments: Using a more customized method to evaluate every case according to its unique circumstances, this strategy makes sure that secondary applicants are given  equal weight.

   3. Support Systems: Creating legal and counseling support systems for secondary candidates who might experience difficulties as a result of the initial applicant’s passing.

The Department is dedicated to identifying solutions that preserve the integrity of the migration program while attending to the requirements of applicants who are vulnerable, acknowledging the crucial nature of these instances.

Next Actions Attorneys and immigration agents are recommended to:

    1. Remain Up to Date: Receive notifications from the Department on any modifications or revisions to the guidelines.

    2. Assist: Assure impacted clients are informed about the Department’s actions and the present situation by providing support and direction.

3. Feedback: In order to help the Department build more efficient solutions, keep sending it in.

During this time of review and deliberation, the Department is grateful for the cooperation and understanding of immigration agents and legal counsel.