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On WATTLE you worked through Parts 1 and 2 of the Client File in your Office Group. These questions form PART 3 of the Client File. It is important that you are familiar with the information gained about the client in Parts 1 and 2.
The scenario continues:
Brian’s employer used their own Migration Agent to lodge an SBS nomination and 457 visa application for Brian on 24 June 2016. Brian comes in for an interview and you write up the following file note after the interview.
Meeting with Brian Park, 5.30pm Friday 24 June 2016
• Now that the 457 visa application is validly lodged, his employer has told him that he has to work every weekend so he is not happy about this and is thinking of quitting.
• He and his partner, Ellie Jones, have moved in together now and opened a joint bank account last week. They have also now registered their de facto relationship.
• Brian has decided to lodge a partner visa application and withdraw his application for a subclass 457 visa. However, he is concerned that Ellie sponsored another spouse 3 years ago on a partner visa – relationship lasted about 2 years and that person left soon after getting his PR. Ellie thinks that her sponsored partner used her to get his permanent visa. Her friends all told Ellie that he was no good.
• Ellie was divorced in September 2015 but the whole experience has left her with depression and she has been unable to work for the last few months. She is receiving counselling and seeing a psychiatrist. Even before they moved in together Brian had been supporting her financially and now they are living on his wage.
• Seems that Ellie has become very dependent on him.
• He will not have the money to lodge the partner visa until Tuesday 28 June as the money is being wired over from his father.
The CEO of your agency has directed that you lodge a partner application online as soon as the money is in your client account. Given that Brian by then will hold a BVA and Ellie has previously been a sponsor, the CEO wants you to prepare a submission to the DIBP addressing these two issues.
Your submission should explain:
• why Brian’s BVA and Ellie’s previous sponsorship are obstacles to them being granted a Partner visa; and
• how your client can overcome those obstacles
ASSESSMENT CRITERIA – ALL QUESTIONS
Clearly identifies and discusses the relevant legislation and policy to the facts provided
Justifies answers by clear reference to the relevant facts and law
Presents arguments and information clearly and logically
Correct citation of migration legislation, case law and/or policy
Uses appropriate level of professional English