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Migration Law Report Sample

Scenario

Hans Meyer arrived in Australia from Germany two years ago on a Temporary Skill Shortage Class GK Subclass 482 visa, sponsored by his Australian employer. His wife, Frieda, and his three step-children accompanied him to Australia.

1. (a) What visa is it most likely that his wife and children were granted?

Explain your answer, making sure to support your answer by reference to relevant provisions of the legislation.

2. (b) What condition(s) would be found on Hans’ visa?

3. (c) What condition(s) would be found on Frieda’s visa?

While in Australia, Hans committed several drug offences. He was arrested and charged. Hans did not have his passport taken from him. He managed to leave Australia before the charges were due to be heard in court next month. He left his wife and children in Australia.

Frieda comes to see you. She tells you that Hans’ employer is not yet aware he has left the country. However, she thinks that the Department of Home Affairs must know he has left Australia as he left through an international airport.

Frieda informs you that she does not want to return to Germany and to Hans, and would like to remain in Australia. She explains that over the past 6 months she has been in a relationship with another man and that she and the children are moving in with him next week.

Frieda is aware that because Hans left his employment, his visa could be cancelled by the Department of Home Affairs. She also understands the fact that if his visa is cancelled, her visa would also be cancelled. However, she has not received any notification about this yet.

4. (d) Outline the advice you would give Frieda about whether she and her children can make a valid application for a Partner Class UK/BS Subclass 820/801 visa in Australia. Be precise.

5. (e) Would your answer be different if Frieda informed you that she has now received notification that her visa has been cancelled? You must support your answers by reference to the specific legislative provisions. (10 marks) (Maximum Word Limit: 1100 words)

Solution

Answer 1a

Hans Meyer was sponsored for a Temporary Skill Shortage Class GK Subclass 482 visa, which allowed him to enter Australia and begin working for his Australian company. The wife and children of the visa holder also possess Subclass 482 visa . For Assignment Help, Subclass 482 Family Visas were anticipated to be issued to Hans's wife Frieda and his three stepchildren. The purpose of the Subclass 482 Family Visa is to facilitate family members of Subclass 482 visa holders joining their primary visa holders in Australia for the length of their work. The Australian government aims to preserve family unity without sacrificing the economic benefits of attracting and retaining competent people. Spouses, domestic partners, dependent children, and stepchildren all qualify as family members under this category. "Family unit members" include spouses, de facto partners, and dependent children, as defined by Section 31 of the Migration Act 1958 .

Answer 2b

Conditions would be placed on Hans Meyer's Subclass 482 visa. Subclass 482 visa holders are subject to certain requirements, the precise nature of which may vary depending on their circumstances and the company that sponsors their visa. Reference is made to Section 29 of the Migration Act of 1958, particularly the criteria and conditions for Subclass 482 visas . The conditions for employment, the length of stay, and other visa-related regulations are outlined in this section, as is the Minister's power to award visas.

Work Condition: According to 482 Visa General Eligibility, Hans would only be allowed to work for his sponsoring employer in the selected profession included in his visa application . He must inform the Department of Home Affairs before accepting a new job offer.

Duration Condition: The visa would be valid for a certain time, often between one and four years. Hans must watch the expiry date on his visa and not overstay his welcome.

Location Condition: If the employer nomination were for regional sponsorship, he would be needed to reside and work in the designated regional area .
Health Insurance: Hans and his family members may be obliged to have sufficient health insurance coverage while they are in Australia.

Answer 3c

A Subclass 482 Family Visa will be issued to Frieda, Hans Meyer's wife. The normal terms of her visa would be as follows:

Family Unit: Hans Meyer, the principal visa holder, would be permitted to keep Frieda in Australia as a family member. This suggests that she is still legally married or living in a de facto marriage with him.

Work Rights: Subclass 482 Family Visa holders may be restricted from working and studying in Australia . Depending on her age and the terms of her visa, Frieda may be able to work without restrictions or be subject to limits.

Duration: As long as their relationship is real and continuing, her visa would typically be valid for the same term as Hans' Subclass 482 Duration visa.
The Subclass 482 Family Visa is the most probable option for the three stepchildren of Frieda and Hans Meyer so that they may join Hans in Australia during his job, provided that they satisfy all of the necessary visa requirements .

Answer 4d

Several considerations must be considered when determining whether Frieda and her children may successfully apply for a Partner Class UK/BS Subclass 820/801 visa in Australia. The timeline, bridging visas, and eligibility criteria for applying for a Partner visa for Frieda in Australia align with the rules outlined in Section 2.07A (Subclass 820/801), which deals with applications not valid for bridging visas under certain circumstances .

Eligibility Criteria: Frieda must be in a real and continuous spousal or de facto relationship with her present partner, an Australian citizen, permanent resident, or eligible New Zealand citizen, to apply for a Partner Class UK/BS Subclass 820/801 visa . Since she disclosed that she was seeing another guy, she must ascertain if their connection satisfies the prerequisites set out by the Department of Home Affairs.

Previous Partner's Visa: Frieda's present visa status, which depends on her husband Hans, may influence her eligibility for this visa. Frieda's chances of applying for and being granted a Partner visa may be hampered if Hans's visa is revoked.

Application for a Visa: Frieda must provide proof of her connection with her present partner, such as joint financial records, proof of shared housing, and letters of support from extended family and friends. Applying for a Partner visa is a lengthy procedure requiring extensive paperwork .
Professional Guidance: Frieda should choose an immigration lawyer who focuses on partner visas because of the complexity of her case. A qualified attorney can evaluate her situation, suggest further actions, and help her craft a compelling application.

Timing and Bridging Visa: Frieda must also consider when to apply for her bridging visa. A bridging visa may be required to keep her in legal status if her present visa is in danger of being revoked while the Partner visa application is being processed .

Answer 6e

According to Section 2.07(Application for visa—general), Frieda's chances of being granted an Australian Partner Class UK/BS Subclass 820/801 visa are severely diminished if she receives a cancellation notice .

Impact of Cancellation of Visa Status: Frieda's legal status in Australia is jeopardised when her visa is cancelled. Her visa would become invalid, putting her in danger of being detained and removed from the country. Because of this, it will be difficult for her to apply for any visa to Australia, including a Partner visa .
No Bridging Visa: Frieda would lose the related Bridging Visa if her current visa were to be cancelled. Bridging visas are often issued to enable people to stay in Australia while their new visa application is being processed. Frieda would breach Australian law if she attempted to remain in the country without the appropriate or bridging visa.

Partner Visa Reconsideration: Frieda's visa cancellation significantly influences her ability to apply for a Partner Class UK/BS Subclass 820/801 visa. Partner visa applicants must be physically present in the United States . Frieda's application may be subject to different criteria and processing periods if she applies outside Australia after her visa was cancelled and has already departed the country.

Assessment of Eligibility Abroad: If Frieda wants to apply for the Partner visa from outside Australia, she must show that she is eligible according to Australia's guidelines for those applying outside the country . For example, she may need to prove she is in a genuine and long-lasting relationship with an Australian citizen.
Possible Reentry Ban: Frieda may be prohibited from reentering Australia depending on the specifics of her visa cancellation. It would be far more difficult for her to return to the country if the cancellation of her visa resulted in a reentry restriction for a certain length of time .

Legal Representation: Frieda should speak with an immigration lawyer to fully grasp the ramifications of her visa cancellation and her next steps. A lawyer may help her determine whether she can file for a Partner visa while she is overseas and how to deal with any problems, such as reentry prohibitions if they arise .
It will be far more difficult for Frieda to apply for a Partner Class UK/BS Subclass 820/801 visa in Australia if she has received information that her visa has been cancelled. To make sense of the complications of her immigration position and determine whether or not she may reapply from overseas, she should consult with an attorney. 

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