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 theMigration 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
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
assaults cases from Lisa. You have to attend these sessions together with
her so that you can save your marriage.1
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
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
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 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,
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)