LML6003 Australia Visa System

Question:

George Olsen, an Australian citizen was on his way to Sydney to attend a Beijing Business Conference in January 2017 when he sat next to a Chinese female passenger.

George quickly struck up conversation with his fellow passengers and, after introducing himself to May, realized that May was a scholarship recipient from the Australian Government for a Doctor of Nutrition Science degree at Melbourne University.

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George told May that they share a common interest. He is a pharmacist, and was present at the Asia-Pacific Pharmacists Congress (Beijing) where he gave a paper on nutritional aspects of managing patient’s medication.

George and May became good friends due to their shared interest and exchanged contact numbers before disembarking.

May informs George about the university’s arrangements for accommodation on campus. George tells George that he lives in an apartment in the city.

George invited May along to his Chinese New Year celebration in Melbourne after his arrival.

George introduced May to other family members at the banquet. May was warmly received by the Olsens.

George and May went out together and eventually fell in love.

May moved in with George at his South Yarra home in January 2018.

May is now faced with the prospect that she will have to return home to China as May’s course is over.

George broke down with May and said that he did not want May to leave. May agreed.

George’s sister-in law, Connie (who was sponsored by Peter on a Partner visa), suggested that May see a migration agent in order to obtain a partner Visa for her.

You just completed the Graduate Diploma in Migration Law.

After returning from a lunch at a pub, George and May are found in your office reading a copy the Consumer Guide. Your receptionist had given them this guide.

You invite them to your office, and once you have established that they want to discuss how May can remain in Australia under a partner visa to Australia, ask for May’s passport.

As you can see, May was born Chen Yong Mei in Beijing, 15 August 1987. She is a student (subclass).

Visa for the following conditions: 8105, 8202. 8501. 8516. 8517. 8532. 8533.

Two months remain on the visa.

George informs that he is 2years older than May. They both claim they have never married and have no children from previous relationships.

They state that although they don’t deny their attraction to the idea, they want to determine if they are a good match for each other.

Write a simple advice letter in plain English for May. You must include specific regulatory provisions to support your advice.

What are the differences between a spouse and a de facto relationship?

Can May apply for a Partner Visa in Australia?

She can apply for a Partner visa. What visa(s) should she apply and what are the requirements for submitting a valid application?

What criteria is required to obtain a Partner visa?

May is able to travel abroad if her Partner visa application for May is not completed by her student visa’s expiration date.

What’s the best way to do this?

What is the chance May will be granted the Partner Visa?

May asked you specifically this question.

Answer:

A spouse can be considered a legal life partner in a marriage.

The law will presume that a spouse is legally married if the legislation definition is absent.

According to the 1958 Marriage Act, a spouse can be defined as a person who is married to another spouse.

A person can also be called a spouse of another if he/she is married abroad and the marriage is recognized as valid by the Australian government.

Both must be committed to sharing their lives with the other spouses, regardless of whether they are segregated.

They must treat one another with respect and kindness.

They must live together, at the same time, on an eternal basis.

A de facto relationship, on the other hand, is when two people are in a previous relationship and have a relationship that involves them as a married couple.

This definition was evident in Moby & Schulter (2010) where the Family Court used s.4AA(2) from the Family Law Act 1975 in order to identify a true de facto relationship.

A relationship between two persons who are legally married, or in a family relation, cannot be called a de-facto relationship according to s.5CB under the Migration Act 1958.

The agreement must be mutual and not be a seperate relationship.

The relationship should be real and continuous. They must live together, but not at great distance.

Based on these requirements, George and May are a defacto couple.

May can apply in Australia for a Partner Visa without going back to China.

It’s because the invalid application of Section 48 that was causing onshore applications to be rejected has been rectified by the addition of Partner Visa Registration 2.12, which exempts Partner visa from Section 48 restrictions.

For her to be eligible for a Partner Visa application, she must possess a substantive visa.

She must be in a permanent relationship with an Australian citizen or New Zealand citizen to apply for a Partner Visa.

Either she must be married, have been together for 12 months in a defacto relationship, or have been in a real relationship.

She will also need to show evidence of continued commitment in addition to her relationship registered certificate.

With the visa she holds, she may be eligible for Subclass 820 Partner Visa. Her substantive visa does not include any of the No Further stay numbers like 8503, 8534 or 8535.

In order to be eligible to apply for Partner Visa she must simultaneously apply for the temporary visa with her permanent visa.

The temporary visa will allow her to obtain permanent partner visa within the next two-years. Both visas can be applied simultaneously and are paid with one single fee.

You can apply for a temporary partner visa. This is one stage in the process to obtain the permanent partner Visa.

After you receive a temporary visa, your eligibility to be considered for the permanent Partner Visa is increased by at least two years.

A subclass 802 visa allowing one to temporarily stay in Australia while awaiting a decision on their permanent Partner visa.

You also get the following benefits from the temporary Partner visa:

Australia is a great place to live and work

You can study even without government funding

You can travel to Australia if you wish.

The Adult Migrant English Program offers free English tuition up to 510 hour.

Registering for Medicare under the Australian national health scheme

May may be granted the permanent Subclass 801 visa if she is in a long-lasting relationship with George after having received the temporary 820 visa.

For a temporary visa as a partner, the application process includes the completion of Form 80, completing a medical assessment and police checks, and paying for the visa.

While the Form 80 character assessment document does not appear on the application form for the partner visa, it is required at the conclusion of the process.

The visa applicant must be in Australia for the entire process, including when the visa is granted.

Partner visa subclass 802 allows you to enter, stay, work and access Medicare up until the subclass801 visa is granted.

The subclass 801 visa permits one to remain permanently, work, study and receive some social security payments. It also allows one to apply for Australian citizenship.

You can sponsor a family member eligible for permanent residence. They are also allowed to travel in and out of Australia for five consecutive years.

However, visa applicants must meet the health, age and care characteristic requirements.

Before she can apply for the Partner visa, she will need to obtain a Bridging Visa that is associated with George’s passport. Then she will wait for the Partner visa processing. It might be subclassed 100 or 8.

To begin the lodging process, one must:

Have an ImmiAccount

To apply for a Partner Visa to Australia, complete the Form 47SP.

For a Partner to be permitted to move to Australia, the Sponsor will need to use TRN.

Complete the form

Payment for the application fee

Accept the application and review it by pressing Submit

Attach all required documents

If May meets the criteria, she will be granted a Temporary Partnership visa. It can be either a Subclass 802 for an Australian citizen or aSubclass 309 for an applicant from overseas.

She will stay in her Temporary visa while she waits to be granted a permanent partner visa. It could be subclass 100 or 801.

In addition, the Temporary Partner Visa will allow her to apply for a Permanent Partnership visa in just two years.

For this to happen, May first needs to be in a legal relationship with George.

However, the requirements for relationship include authenticity of the relationship.

The applicant must show that they have been in a long-term relationship with their sponsor.

You will need to have a document that proves that you have been living together for a long time and that you are committed to each others.

Lease agreements and shared household

Financial aspects of the relationship, such as money transfers, joint purchases, or bank accounts

Social aspects, such as statements from family and friends, travel records, or photos

Consider the past of the relationship, and the future plans. This will help you determine how serious your commitment is.

May may apply to the Bridging visa A (BVA), if May’s Partner visa application is not complete by the expiration of her study visa.

A Bridging visa allows a person to remain in Australia while the temporary visa for her partner is processed.

The visa is granted automatically to the person who has submitted a request for a spouse visa.

BVA is not permissive for travel to and from Australia.

BVA permits one to study, work, and enroll in Medicare.

Because she cannot remain in Australia without a visa, she must apply to Bridging visa.

For non-citizens, it is illegal to stay in Australia without a Visa.

When her BVA is granted, her student visa will still be valid. She will need to comply with all conditions in her substantive visa.

However, her substantive visa will end and she will have to adhere to her new BVA.

The law still allows her the right to apply for another BVA which can allow her to work.

For a BVA to allow her to work, however, she must prove that she is financially stable.

The BVA does not allow one to stay permanently in Australia. It usually ends when one leaves Australia.

May may apply for a BVB (bridging visa B) to travel internationally if she so desires.

BVB visas enable May to travel to Australia and back when her application is under processing.

She must have a BVA or BVB visa and be applying for a new substantive visa in order to obtain BVB.

BVB can be purchased starting at AUD 145. The length of the stay is also variable.

If she doesn’t possess a visa to allow her to travel, or if her visa expires, she can travel on the current substantive visa.

However, her current substantive visa will not allow her to travel to Australia if she loses her visa.

While one is in Australia, it is impossible to get one.

Although May has a high chance of getting a Partner visa, George cannot grant it.

This is because it is only possible for those who are either married or an Australian citizen.

If she is already in a relationship, she can file a Partner Visa while in Australia and obtain a Bridging visa.

Some restrictions may apply to work or studies.

It will all depend on whether her temporary study visa is valid.

However, she has a valid study visa. This would not be a major milestone.

Because her study visa is due to expire in the next two-months, she will be able to obtain a Bridging visa that is related to George’s visa. She will retain all the rights that she enjoyed under the study visa.

Moreover she will not be able get fee assistance, such as Newstart, Higher Education Contribution Scheme (HECS), and other government funding, while she is waiting for her Permanent Partner visa.

Faggian A. Corcoran J & Rowe. F 2016. ‘Evaluating Australian policy change on human capital: The role a graduate visa program’, Environment & Planning C. Government & Policy.

Hatton TJ & Williamson JG 1998. The Age of Mass Migration.

Oxford University Press, New York.

Nott G 2018, ‘Visa modifications “hurt our directly”, Atlassian’s Cannon Brookes: Atlassian cofounder Mike CannonBrookes today slammed changes to the skilled immigration visa system by saying that the move had “hurt we directly”.’ CIO (13284045, p. 1) Robertson, ‘Time & Temporary Migration: Case of Temporary Grad Workers and Working Holiday Makers, Australia’ Journal of Ethnic & Migration Studies.

Sheikh H. Pilati M. Tilly C & Sperotti F 2015. How Global Migration Changes Workforce Diversity Equation. Cambridge Scholars Publishing. Newcastle upon Tyne.

Australian Spouse Visa.

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