Australia Visa System

Question: Discuss about theAustralia Visa System. Answer: Introduction Defacto Partnership In the given case Jason Bourne is an Australian resident who visited Europe and Britain on a tour for a period of two years. He met a woman named Emma Brielle who resides in France. Both of them fall in love with each other and started living together. After six month of their relationship, Jason came to know that his mother was ill and he has to visit Adelaide to see her. His mother passed away as soon as he visited his home. After some days, Jason approached a person who has received migration agent registration to sponsor Emma as his defacto spouse. The person advises Jason on the following factors: Before giving any advice, it is necessary to know about De facto relationship, which is defined under sec.4AA of the Family Law Act 1975[1]. It means that when two people are in relationship and stays together without marriage. There is no minimum or maximum period for this relationship under the act. According to the act if a person is legally married or is related to each other by family than the associated couple cannot be treated as De-Facto partners. In other words, De facto partners mean a spouse who stays with the other partner domestically without marriage. It is lawfully acceptable under Australian Law. However, in the view point of Australian Federalism De facto partners can only be lawfully accepted by the country only when both the partners reside in Australia only. According to Australian Federalism Emma does not qualify as Jasons defacto partner because she does not resides in Australia. In this case, Jason has certain available options based on which Emma can resides with him as his defacto partner. The options are as follows: 1) Emma can apply for temporary Partner visa under subclass 820/801, which allows her to stay with him. 2) Emma can apply under subclass 457[2] to obtain a visa as a secondary applicant. Under this condition, the person has to prove that they are in de facto relationship for more than a period of six months. Jason and Emma stay together in France for more than a period of six months as de facto partners. 3) Emma can also apply under subclass 300. It is helpful for the person who is engaged to Australian citizen. In the given case, Emma and Jason are not yet engaged. It is advisable for them to file the application of their relationship before applying under subclass 300. Different Types of Visas Available for Emma: According to Australian Law, the parents visa means a visa, which allows parents to stay in the country with their child for a period of two years. To obtain this visa a person needs to apply under subclass 143. In the given case, Emmas parents suffered terrorist attacks in France and lost their son in the attack. Emma seeks an advice regarding the parent visas under Australian Law. Emma and Jason are now married and they have a three years old daughter. Emma has received her Australian citizenship. Based on this information Emma has certain option for her parents, which are as below: To apply for parent category visas a person needs to fulfill certain requirements: The person should have a child, which resides in Australia and has a permanent citizenship of the country. The child resides in Australia at least for a period of two years. The person has a sponsor in Australia. The word sponsor means a person who falls under the category of resident or who has the permanent citizenship of the country. Balance of family test[3]. It means when a person has half of the children who resides in Australia. In the given case Emmas parents lost their son in the attack, now they have only two daughters Emma and Michelle. Emma is the Australian resident, which means half of their child is residing in the country. Selection of Best Option: There are certain visa options which are available for Emmas parent so that they can choose the best option for them: To apply for visa option under subclass 103[4] the parson must meet the balance of family test, and the person must have a sponsor. The processing time for this type of visa is thirty years. Hence, this option is not suitable and advisable for Emmas parents. To apply for visa under subclass 173 the parents must meet all the requirements, which are mentioned above. However, the processing time is not mentioned in the act, the processing program takes place every year. Hence, it is advisable for Emma parent to apply for this visa option only. Circumstances for Family Visa: It is helpful those people who wants to include their family members in the visa application. In [5]the given case, Emma Sister Michelle has lost her husband in the attack and now she is left alone with her five years old son in France. Emma wants to choose the visa option for her. Some of the circumstances are available for her, which are as follows: According to Australian Visa Option, a person can apply for the application under the head other family members in their application form. The family members can be siblings, parents, uncle, aunt, and so on. The person has to prove its relationship before applying for the visa. The documents include a copy of birth certificate signed and certified by the authority, residential proof of the person, the evidence which certifies that the person is totally dependent on the citizen which means that the person has lost his/her partner. In this case, the person has to submit the death certificate of the person along with the other documents. Sometimes the authority recommends DNA test in case if the person does not have any proof or evidences of their relationship. In the given case, Emma has all the relevant information and documents to prove. Hence, she can file an application to bring her parents and sister to Australia. Footnotes and Bibliography: Boucher, Anna Katherine, and Terry Carney. "Social Security for Migrant Workers and Their Families in Australia." Social Security And Migrant Workers: Selected Studies Of Cross-Border Social Security Mechanisms, R. Blanpain, P. Arellano Oritz, M. Olivier G. Vonk, eds., Kluwer(2014): 187-214. Breen, Fidelma. "Australian Immigration Policy in Practice: a case study of skill recognition and qualification transferability amongst Irish 457 visa holders."Australian Geographer(2016): 1-19. Carlos, Maria Reinaruth D. "Multiculturalism Policies and the Stepwise International Migration of Filipino Nurses: Implications for Japan."Multiculturalism and Conflict Reconciliation in the Asia-Pacific. Palgrave Macmillan UK, 2014. 162-189. Faggian, Alessandra, Jonathan Corcoran, and Francisco Rowe. "Evaluating the effects of Australian policy changes on human capital: the role of a graduate visa scheme."Environment and Planning C: Government and Policy(2015): 0263774X15614755. Fletcher, Jay. "Four ways Australia kills refugees."Green Left Weekly1041 (2015): 12. Gao, Yi, and Tay TR Koo. "Flying AustraliaEurope via China: A qualitative analysis of the factors affecting travelers' choice of Chinese carriers using online comments data."Journal of Air Transport Management39 (2014): 23-29. Horner, Jed, James G. Wood, and Angela Kelly. "Public health in/as national security: tuberculosis and the contemporary regime of border control in Australia."Critical Public Health23.4 (2013): 418-431. McDonald, Peter, S. E. Khoo, and B. Edgar. "The role of family migration in Australias permanent migration program."A report to the Department of Immigration and Citizenship(2013). Weber, Leanne, and Sharon Pickering. "Constructing Voluntarism: Technologies of intent managementin Australian Border Controls."New Border and Citizenship Politics. Palgrave Macmillan UK, 2014. 17-29.