Australian Immigration Visa | Letter

PARDEEP KAUR 4633378
To: Kevin Alan
From: Pardeep Kaur
Date: 3rd March 2020
Subject: Australian Immigration Visa
Having received your mail and critically analyzed the issues raised, I came up with some
important procedures and their relevant alternatives on getting a permanent residence in
Australia. Firstly, I would like to appreciate you for opening up and reaching out for further
guidance.
The Australian immigration law provides for a subclass 820 and subclass 801 visas. The subclass
820 is a temporary visa whereas the latter is a permanent visa. These are the two types of
onshore visas that allow you to stay in Australia by virtue of being married to an Australian
citizen or a permanent resident. As you have said in your mail, it seems that you have been
given a subclass 820 visa which will expire once you have been approved for a subclass 801.1
The first requirement for you to get a subclass 801 partner visa is that you should be sponsored
by your partner, Lisa, as the law recognizes the two of you as married. More specifically, this
person must be the one who sponsored you for your temporary partner visa, subclass 820.
Under the Migration Regulations 1994 subdivision 801.221(1), the applicant of a subclass 801
must be a holder of a subclass 820 which you already have.2 Under the same regulation, sub
section 801.221 (2C), one is required to be a spouse of an Australian citizen. In this regard, I
would advise you to seek guidance and counseling from experts on your domestic violence and
assaults cases from Lisa. You have to attend these sessions together with her so that you can
save your marriage.1
1Fernandez Rodgers, Dominic Yau, Murray Gerkens and Sherene Ozyurek, Australian Migration Collection (LexisNexis, 2020)
2Czaika and Parsons, 'The Gravity of High-Skilled Migration Policies' Demography, vol. 54, no. 2, pp. 603-630.
https://doi.org/10.1007/s13524-017-0559-1 (CR 2017)

PARDEEP KAUR 4633378
For you to apply for a subclass 801, you must have stayed with a subclass for a period of at least
two years. Now that you acquired the subclass 820 about a week ago, you will have to wait for
two years before you qualify for a subclass 801 visa. In the meantime you can take this time to
solve your domestic and marriage conflicts with Lisa. As per the requirements in the Migration
Regulations 1994 subdivision 801.22(d), your relationship must be a mutual agreement
between the two of you, it must be genuine both parties should be willing to endure. In line
with the above regulations, make sure that you get back to good terms with Lisa to avoid a
possible divorce. As much as you must endure and bear with her, some extreme acts of abuse
are unacceptable and a permanent solution has to be reached.2 If it is genuine that the genesis
of the problems with Lisa are to do with getting a child, approach to the experts across
Australia for help on how to overcome these pressures. Do the things with Lisa if at all you are
to settle your marital issues.
Your sponsor, whom I presume it’s Lisa, should on her side meet certain specifications. She
should not in any case sponsor any other partner during this period. She should as well make
sure that she does not commit any related offence including violence offences. This is very
critical since the fact that she stabbed you in the arm makes it a direct criminal offence of
assault. If you choose to report her then it means she will be unable to meet this requirement
and as such your application may fail. I suggest that in the meantime; find a place where you
can temporarily stay as you go ahead in finding solutions to your marital struggles. This will
keep you from sustaining further injuries and preventing Lisa from committing further criminal
offence that may ruin her record further.1
On your side, make sure that you don’t commit any crime whatsoever in these two years in
order to increase your chances of passing the character test during applying the subclass 801.
Observe strict health measures to maintain a strong health system which is important in the
application process. You have raise concerns over your lack of funds. I would recommend you
to try finding a job that will help you meet your obligations and ultimately enable you to raise
1Fernandez Rodgers, Dominic Yau, Murray Gerkens and Sherene Ozyurek, Australian Migration Collection (LexisNexis, 2020)
2Czaika and Parsons, 'The Gravity of High-Skilled Migration Policies' Demography, vol. 54, no. 2, pp. 603-630.
https://doi.org/10.1007/s13524-017-0559-1 (CR 2017)

PARDEEP KAUR 4633378
the visa application fees when the time comes. The subclass 820 visa which you already have
allows you to work in Australia.1
Once you have met all of the requirements as per the Migration Regulations 1994, you will be
allowed to apply for a permanent residence partner visa subclass 801. You will need to have
your birth certificate, passport and other documents that may prove to be of relevance. In
addition, you will need to produce character documents such a certificate of good conduct and
a police clearance form. Concerning your marriage, you need to produce a marriage certificate,
some statutory evidence from at least two persons who act as witnesses that you are engaged
and a statutory declaration in writing; explaining more about your marriage. Of some significant
impact, consider getting a child with Lisa. Your sponsor will equally submit her personal
documents for approval.1
Once the immigration department is satisfied, you will be granted a subclass 801 visa which
allows you to permanently stay in Australia whose validity is five years then you renew. The
department will notify you upon approval and you will be given your visa card. In case the visa
application is not approved, you will be required to file an appeal with the Administrative
Appeal Tribunal (AAT) who will review the decision based on the evidence you provide. The
tribunal majorly focuses on evaluating the evidence provide by an applicant subject to the
Migration Regulations1994.1 If it happens that the AAT disapproves your application and you
are dissatisfied, you can seek a federal court’s intervention. Which determines your success in
the application is your level of discipline and the evidence that you will provide. With a subclass
801, the next step would be to apply for an Australian citizenship under the Citizenship Act 2007
upon which you may still choose to seek more clarification from any certified immigration agent
countrywide.2
With the above approach and advice, you will be granted a permanent visa assuming that you
are successful in resolving your marital conflicts with Lisa.1 Please adhere to the various
1Fernandez Rodgers, Dominic Yau, Murray Gerkens and Sherene Ozyurek, Australian Migration Collection (LexisNexis, 2020)
2Czaika and Parsons, 'The Gravity of High-Skilled Migration Policies' Demography, vol. 54, no. 2, pp. 603-630.
https://doi.org/10.1007/s13524-017-0559-1 (CR 2017)

PARDEEP KAUR 4633378
instructions, dos and don’ts’ that I have provided earlier in this document. Wishing you a
success in resolving your issues and a happy stay in Australia.
Regards
Yours faithfully,
Pardeep Kaur,
Immigration Agent,
Melbourne, Australia.
BIBLIOGRAPHY
1Fernandez Rodgers, Dominic Yau, Murray Gerkens and Sherene Ozyurek, Australian Migration Collection (LexisNexis, 2020)
2Czaika and Parsons, 'The Gravity of High-Skilled Migration Policies' Demography, vol. 54, no. 2, pp. 603-630.
https://doi.org/10.1007/s13524-017-0559-1 (CR 2017)

PARDEEP KAUR 4633378
Books
Australia. Parliament. Senate. Legal and Constitutional Affairs References Committee and
Wright, Penny "PP no. 145 of 2012", Parliamentary paper Australia (Parliament 2012)
Fernandez Rodgers, Dominic Yau, Murray Gerkens and Sherene Ozyurek, Australian Migration
Collection (LexisNexis, 2020)
Human Rights Commission, Human Rights and the Migration Act 1958 (Australian
Government Publishing, 1985)
Lester Eve, Making Migration Law-The Foreign, Sovereignty and the Case of Australia
(Cambridge University Press, 2018)
1Fernandez Rodgers, Dominic Yau, Murray Gerkens and Sherene Ozyurek, Australian Migration Collection (LexisNexis, 2020)
2Czaika and Parsons, 'The Gravity of High-Skilled Migration Policies' Demography, vol. 54, no. 2, pp. 603-630.
https://doi.org/10.1007/s13524-017-0559-1 (CR 2017)

PARDEEP KAUR 4633378
Webpage
Czaika and Parsons, 'The Gravity of High-Skilled Migration Policies' Demography, vol.
54, no. 2, pp. 603-630. https://doi.org/10.1007/s13524-017-0559-1 (CR 2017)
https://trove.nla.gov.au/newspaper/article/240295517?searchTerm=migration
%20policies&searchLimits=