78301 Australia Visa Systems

You have registered your relationship with Ivory at NSW Registry of Births Deaths & Marriages Overview According to the requirement of obtaining a partner visa, which in this case is not possible, you need to meet some additional validity criteria, as you are not holding a substantive visa. I have noticed that you already have considered the visitor visa (subclass 600[1]) and are currently under a bridging E visa, but as per your requirement, you need to apply for a temporary visa. bridging visa

78301 Australia Visa Systems
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File Reference:
Ms. Ebony Enders
Address:
Date:
Dear Ms. Ebony,
Your Visa Options
I thank you for meeting yesterday. This letter verifies the suggestion I provided you during
our meeting.
Summary of Instructions
You explained that you:
• Arrived in Australia on Visitor Visa SC 600 prior to 18 months with conditions 8201 –
• Your Visa got cancelled under s 109 of the Migration Act 1958
• Lodged for merits review at the Tribunal and further applied for Bridging E Visa, AAT set
irrespective of getting cancelled under
• Your SC 600 got expired 6 months ago and do not have a substantive visa
• You & Ivory Caulfield are living together in Sydney for 7 months and are ten weeks pregnant
• You have registered your relationship with Ivory Caulfield at NSW Registry of Births Deaths
& Marriages
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Overview
According to the requirement of obtaining a partner visa, which in this case is not possible,
you need to meet some additional validity criteria, as you are not holding a substantive visa.
In addition, the visa you are holding i.e. Bridging E visa will also expire within 35 days from
the AAT’s decisions. Therefore, you will be needed to meet the overall additional criteria for
a short-term stay visa.
Options
Ebony has to meet the additional criteria for staying in Australia since she does have a
substantive visa. Hence, in this context, the migration law of Australia can be applied. This
includes Australian skilled immigration for employment and student visa for international
students with specific duration. However, this does not apply in case of Ebony. In addition, it
also includes a visa for business and investment for enhancing economic development. The
next type of visa is known as a family visa, which can be received for some specific
conditions and types. This further comprises a visitor visa for tourists. I have noticed that you
already have considered the visitor visa (subclass 6001) and are currently under a bridging E
visa, but as per your requirement, you need to apply for a temporary visa. After considering
your current situation, I would like to advise you for applying for these two visas i.e. bridging
visa C (subclass 0302) along with Bridging visa D (subclass 0403 and 0414)
I have noticed that you have come to Australia through a visitor visa (subclass 600). This has
provided you the permission to stay Australia for a period of 12 to 18 months. This section
1The Visitor visa (subclass 600) lets you visit Australia for tourism or business visitor
2 Bridging Visa C - BVC subclass 030: A BVC allows you to remain lawfully in Australia until a decision is
made on your substantive visa application.
3 The subclass 040 (prospective applicant) visa is available to people who: have no visa at the moment or whose
substantive visa will expire within 3 working days; and. have attempted to make a valid application for a
substantive visa but was unable to do so.
4 A Bridging Visa D (BVD) (Subclass 040-041) Is A Temporary Visa That Allows An Individual To Stay In
Australia For A Short Period Until They Are Able To Make A Substantive Visa Application Or Make
Arrangements To Leave Australia.
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allowed you to stay in Australia as a family member. I have further noticed you have satisfied
the conditions 81015 and 82016i.e. you are not supposed to engage in any work and are not
allowed to participate in any academic program for more than 3 months respectively.
However, your subclass visa has been cancelled fewer than 1097of the Migration Act 1958
due to inaccurate information. I also noticed that you have applied for a merit review, which
was successful. Thus, under the section of 114(1)8 and 109, the visa would have never been
cancelled in the first place. I have further found you to be a lawful citizen, as you have
applied for a visitor visa. You and Ivory have also applied for registering relationships in the
NSW Registry of Births Deaths & Marriages. However, it will take at least 7 days.
Based on your situation, I will advise you to apply for a temporary bridging visa because
your present bridging E visa will be expiring soon and you failed to obtain a substantive visa.
I have noticed you also cannot opt for extending your subclass 600 visa, as it needs to be
applied 14 days prior to the visa expires. I have also noticed that you and your partner Ivory
Caulfield have registered your relationship with the NSW Registry Office, which requires an
Australian birth or citizenship certificate for identification. Unfortunately, you are not
carrying any of it right now. Therefore, my advice to you is that apply for a temporary
bridging visa.
According to your situation, two temporary bridging visas are available, as per the Migration
Act 1958 and Migration Regulations 1994. The subclass 030 visa, which is a temporary visa,
is available in the situation when a visitor visa expires. Hence, there is a need to apply for a
new visa. This visa is known as bridging visa C (subclass 030, BVC). Under the regulation of
5Condition 8101 means that the visa-holder is not allowed to engage in work whilst in Australia.
6Visa Condition 8201. (1) While in Australia the holder must not engage, for more than 3 months, in any studies
or training.
7SECT 109 Cancellation of visa if information incorrect.
8MIGRATION ACT 1958 - SECT 114. (1) If the Federal Court, the Federal Circuit Court or the Administrative
Appeals Tribunal sets aside a decision under section 109 to cancel a person's visa, the visa is taken never to have
been cancelled.
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this visa, you will not be allowed to travel outside of Australia. Additionally, you also cannot
return to the home country if you have not satisfied the legal criteria for obtaining a
substantive visa. Under the regulation of this visa, you are not supposed to work, until you
are holding a valid substantive visa. Thus, this visa will allow you to stay lawfully in
Australia until the final decision is made on your newly applied substantive visa.
You have to meet some criteria that aremust for applying for a temporary visa, even though
she does not have a substantive visa. In addition, you can also apply for Bridging visa D
(prospective application) for a short period under (subclass 040 and 041) as per your
requirement. This visa is mainly applied when an individual is on the verge of becoming an
unlawful citizen but has applied for a substantive visa. This visa can help an individual to
stay in Australia for up to 5 days to submit a valid application. Hence, during this time she
can also obtain her relationship certificate, which will legally allow staying in Australia, as
her partner (Ivory), who is an Australian citizen. However, this visa will not allow you to
work and travel. The eligibility criteria for (subclass 040 and 041) are that the person must be
an illegal non-citizen or will become one in three days.
The additional criteria that Ebony has to meet, as she does not hold a substantive visa.
Another criterion is evidence of a genuine attempt to make a suitable substantive visa with
proper application and can submit it within 5 working days. You can apply for this visa for a
temporary period. Hence, as per your situation, you will meet these all criteria before the
expiry of the bridging E visa. Thus, based on your requirement, you can apply for this visa to
stay in Australia until you are completing the procedure of making a substantive visa and
receive a relationship certificate from the NSW registry.
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Conclusion
I would like to inform you that, as per your requirement for a temporary visa, you have two
options available. The bridging C visa (subclass 030) will help to reside in Australia until the
time you will obtain a valid substantive visa. Based on your current situation, you need a visa
for staying in Australia lawfully. As per your requirement, (subclass 030) visa can help you
with the further process. Another option is applying for a bridging D visa (subclass 040 and
041) will give you permission to stay in Australia for the application process. Therefore, as
per the situation, (subclass 030) and (subclass 040 and 041) can give you permission to stay
in Australia until you will obtain a valid visa.
Yours Sincerely,
Agent Name:
MARN:
Email:
Telephone:
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