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James Morris is a 28-year-old citizen of the United Kingdom living in Australia. On 20 January 2015 he lodged a valid application for a Partner (Temporary) (Class UK) subclass 820 visa while holding a Student (Temporary) (Class TU) Subclass 573 visa. The subclass 573 visa was James’ first student visa, was applied for on 15 January 2012 and was valid until 15 March 2016. The subclass 820 Partner visa was granted on 20 March 2016 on the basis of his de facto relationship with Susan Peak, an Australian citizen.
James has called you to say that the relationship with Susan has broken down and Susan has informed the Department of Immigration and Border Protection (DIBP) of the change of circumstances. James has now received a letter from DIBP asking for him to comment on the information and advising him that his application for the Partner (Residence) (Class BS) subclass 801 visa may be refused.
James has also told you that he has been working as a geotechnical engineer in Melbourne since having completed his four year degree from the University of Melbourne on 15 November 2015. He thinks that the employer might be happy to sponsor him. The company has informed James that they hold a valid Standard Business Sponsorship.
Answer the following questions:
A. As James has studied full time for 4 years in Australia, can he lodge a valid application for a Skilled (Provisional) (Class VC) Subclass 485 visa? Will he meet the criteria for the grant of the subclass 485 visa? Explain your answers. (300 words, 6 marks)
B. Can James lodge a valid application for a Temporary Business Entry (Class UC) subclass 457 visa? If so, outline what criteria he will need to satisfy for the visa to be granted. (300 words, 6 marks)
C. If the DIBP refuses James’ application for the Partner (Residence) (Class BS) subclass 801 visa before lodging an application for another visa, what will be James’ visa status in Australia? (150 words, 3 marks)
Question:2 750 Words
Melissa Jones is a citizen of the USA and is in Australia on a Student (Class TU) Subclass 573 visa. Melissa is 22 years old and in July 2016 will complete the third year of a 4 year Bachelor degree at the University of Sydney. She is due to complete her studies in July 2017. Melissa completed High School in California, USA in July 2012 and then took 12 months off to travel and work in Europe before starting her studies in Australia and moving in to live with her mother and step-father in Sydney.
Melissa’s mother has just been granted a Partner (Residence) (Class BS) Subclass 801 visa in Australia as she has been married to an Australian citizen for 3 years. Melissa was listed as a non-migrating dependent on the subclass 801 visa application when it was lodged in January 2015. Melissa’s father is deceased and she has an older sister still residing in the USA.
Melissa previously was not interested in residing in Australia but she has since changed her mind and would like to know her options for remaining permanently in Australia with sponsorship from her mother. She would like to know if there are any issues with her proving she is dependent on her mother and what documentation is required to prove this dependency.
Write a letter of advice to Melissa explaining:
- the requirements to lodge a valid and successful application for a permanent visa in Australia based on sponsorship from her mother;
- any issues with her dependency on her mother; and
- what documents are required to prove dependency.