A Sponsorship Proposal for Melek's Care

The assignment content discusses the options available to sponsor a child for obtaining permanent residence in Australia. The options include the Orphan Relative Visa (subclass 837) and the Remaining Relative Visa (subclass 835/115). To be eligible, the sponsor must meet specific criteria such as being an official citizen of Australia, New Zealand, or holding a permanent visa. Additionally, the sponsor must demonstrate a stable family environment, good reputation, and willingness to support the child until they turn 18 years old. The content also touches on the process of adoption, which requires attending education sessions and filing an application with the Department of Family Court. Overall, the assignment aims to provide guidance on the various options available for sponsoring a child and ensuring their long-term care and well-being in Australia.

BLO5606 Subject B: Australia’s Visa
System
Task 2 Semester 2, 2017

EXECUTIVE SUMMARY
The present study is based on case evaluation of Aysel and her daughter Melek
regarding residency in Australia. The study aims to provide them viable advice regarding
their enquiries by considering relevant provisions of Migration law of Australia. Through
applicability of provision, study shows that Aysel is entitled to make application for
permanent residence if she gets legally married to Dennis. By considering further case
scenario, it can be said that Hasan will be able to assist Melek for obtaining permanent
residence in Australia as per the provisions of orphan relative visa onshore subclass 837.

TABLE OF CONTENTS
Question 1..................................................................................................................................3
Introduction............................................................................................................................3
Part A.....................................................................................................................................3
Part B......................................................................................................................................3
Part C......................................................................................................................................3
Conclusion..............................................................................................................................3
Bibliography...............................................................................................................................4

QUESTION 1
Part A
Case scenario
In the given situation, Aysel is residing in Australia on Student Guardian Visa to look after
her 16-year daughter Melek. After some time, she gets into a relationship with Dennis, and
they are planning for their marriage. However, she is not sure about her legal eligibility for
this marriage as she is on a temporary visa.
Legal provisions
If an individual has issued a visa of Student Guardian, there are certain circumstances
attached to the visa. Visa’s one condition to be considered the condition 8534 that is ‘no
further stay’. This condition says that after coming to Australia, an individual might not give
any visa at the same time as the person stay in Australia, apart from a Student Guardian or
Protection visa1. According to Australian rules and laws, if someone is planning to get
married or is in a committed relationship with the resident of Australia, it is possible for the
individual to acquire a visa on the basis of its partner for migration to Australia. The citizen
or eternal resident of Australia would be acting on the behalf as a supporter for the visa2. This
all means that the supporter will give a paperwork statement assuring in order to support its
partner for the initial two years in Australia inclusive of financial help and accommodation so
as to experience reasonable standards of living. Applicants of Family immigration are
considered on the basis of individual under the authorities of Australian immigration, further,
are considered in opposition to requirements of Australia's health and character.
Advice
By considering above described provisions, it can be said that Aysel is entitled to make
application for permanent residence if get legally married to Dennis.
1 Brettell, Caroline B., and James F. Hollifield, eds. Migration theory: Talking across disciplines. Routledge,
2014.
2 Crock, Mary, and L. A. Berg. Immigration, refugees and forced migration: law, policy and practice in
Australia. Federation Press, 2011.

Part B
Case scenario
By considering the further part of the case study; Aysel met with an accident and was killed
instantly due to which Melek get an orphan. Now Cousin of Aysel in planning to adopt
Melek and provide her financial assistance. Due to this aspect, he wants to know about
requirements for the orphan relative visa.
Legal provisions
A visa of orphan’s relative enables the child of the orphan to stay permanently in
Australia along with their relative. However, for this visa the relative should be; brother or
sister, aunt or uncle, grandparents or stepchildren and must be authorized Australian resident,
citizen or an entitled citizen of New Zealand3. Visa of orphans relative contains two of the
subclass on the time period of its child application; those two subclasses are (Subclass 837)
when the child is in Australia during the application period, (Subclass 117) when the child is
not in Australia during the application period4.
In accordance with the provisions of 837, for the eligibility of visa, the child should
be 18 or younger in age, unmarried or in a relationship, need to be sponsor by eligible relative
and must be in a circumstance in which their family is not able to take care of them as they
are dead or are unable to care for them. If the parents of the child are capable of caring them
but are not wanting to, in this situation child is permitted to apply for Visa5. If child’s parents
are not found, then the application requires the time period of missing and what efforts have
been made in order to find them.
Responsibilities regarding acquiring and utilizing visa of orphan’s relative are mentioned as
below:
Person Responsibility
Sponsor
(Relative)
There must be mentioning of child’s sponsor and the family member who will
3 Aleinikoff, T. Alexander, and Douglas Klusmeyer, eds. From migrants to citizens: Membership in a changing
world. Brookings Institution Press, 2013.
4 In the present case provisions of 837 is applicable as Melek is residing in Australia at that time.
5 Sá, Creso M., and Emma Sabzalieva. "The politics of the great brain race: public policy and international
student recruitment in Australia, Canada, England and the USA." Higher Education (2017): 1-23.

also migrate along with the child6.
If the visa is approved, then the sponsor should give child support inclusive of
housing and financial help in order to meet the living needs of the child for two
years.
Applicant
(Child)
Filing an overall application inclusive of all the forms of an application
supporting documents and charges of application.
Note: usually, it is a sponsor who files the application for the child.
Eligibility of Sponsor
Sponsor is required to follow the following obligations for being eligible to sponsor an
applicant for a visa.
Eligibility criteria sponsor is required to satisfy one of the following aspects, i.e. a citizen of
Australia, a citizen of New Zealand, permanent visa of Australia holder.
Note: An eligible New Zealand eligible citizen sponsor should also experience health and
quality requirements.
A sponsor is also required to be the brother or sister, nephew or niece, aunt or uncle,
grandparents of the child. The sponsor must be an official citizen of Australia for a
reasonable time period (2 years), and lastly must be of 18 years.
Note: In case the age of sponsor is less than 18 years, then their cohabitating partner can act
on behalf of the sponsor, only if they are of 18 years or one from the following information;
citizen of Australia, citizen of New Zealand, permanent visa of Australia holder
Custody of children below the age of 18 years
Sponsors are required to meet one of the following given obligation while giving application
to sponsor children less than 18 years; they must contain the own official right to identify
where shall the child be living, or eliminate the child from residential country, if another
person can officially identify where the child must be living, the sponsor must acquire a
6 McGuinness, Terry, Nerys Roberts, and Oliver Hawkins. "Immigration rules for international students:
Westminster Hall debate, 16 November 2016 at 1430hrs." (2016).

legislative statement from this individual, giving permission to migrate their child. They must
hold a viable order through court permitting them to permanently eliminate a child from the
residential country of the child7. They must obtain an order from court issued by Australian
Family Court, and the visa grant should be reliable according to the order.
Advice
On the basis of legal provisions and case facts, it can be said that Hasan is entitled to adopt
Melek as per the provisions of orphan relative visa onshore subclass 837 by considering the
cited requirements. It is because Melek is under 18 and her mother is dead, and Hasan is only
eligible relative to assist her.
Part C
Case scenario
If the option of Orphan Relative Visa is not available with Hasan, then he wants to inquire
about other available options to assist Melek for obtaining permanent residence in Australia.
Legal provisions
Remaining relative visas (subclass 835/115)
Provisions of Remaining relative visas 115 enables youngsters who have relatives,
living in Australia as the permanents citizens8. The sponsor must give a pledge to support the
child. A child is a visa eligible if he/she has a parent, sibling (must be a citizen of Australia)
and if he/she has no sibling, parent or nondependent children apart from those living in
Australia9. Sponsor is mandatory to make available a written response in order to provide
support to the child, accommodation and financial help for the child for initial 2 years of
residing in Australia on a Remaining Relative visa.
It enables the child to remain and travel in Australia for ever. The child can study and
work in Australia; they can register in Medicare, schemes in Australia regarding health care
and expense, can apply for the citizenship of Australia (if eligible), sponsor who is said to be
eligible relatives for permanent residence, can travel in and around Australia (for 5 years)
7 Spinks, Harriet, and Michael Klapdor. New Zealanders in Australia: a quick guide. Parliamentary Library,
2014.
8 Blanpain, Roger. Social Security and Migrant Workers. Wolters Kluwer Law & Business, 2013.
9 Zwi, Karen, and Sarah Mares. "Stories from unaccompanied children in immigration detention: A composite
account." Journal of paediatrics and child health 51, no. 7 (2015): 658-662.

from the time the visa is approved, after the date there will be required of another visa to
come into Australia10
Adoption of child
An individual relative in Australia is entitled to adopt a child if there is of 18 years or
above and they are resident of the country. For this purpose; they are required to make
application to the Chief Executive Officer of department of Family Court of Western
Australia, and they must provide approval for the placement of the child, for the purpose of
adoption. Further, they must having physical and mental eligibility to take care of child until
they attain the age of 18 years and they are having willingness to support the connection of
child with their parents and culture in a best possible manner. Their relationship with the
child must be stable and they should be able to provide stable family environment. In addition
to this, they must not be guilty of any conduct and have good reputation in society.
Advice
By complying with the above-described options, Hasan will be able to assist Melek
for obtaining permanent residence in Australia as all the conditions of the cited options are
satisfied as Melek is currently residing in Australia and she is getting of assurance of support
from Hasan and family members satisfies the criteria of health and moral conduct. Further,
for adoption of Melek, Hasan is required to attend general information session and then two
or three education session. After these sessions, he will be able to file expression of interest
for adoption of Melek supported by formal application. Department will review application
of Hasan to ensure that he satisfied all the essential criteria to be eligible for the adoption.
10 Boucher, Anna Katherine, and Terry Carney. "Social security for migrant workers and their families in
Australia." (2013).

BIBLIOGRAPHY
Agutter, Karen. "Fated to orphan: The consequences of Australia's post-war resettlement
policy on refugee children." Children Australia 41, no. 3 (2016): 224-231.
Aleinikoff, T. Alexander, and Douglas Klusmeyer, eds. From migrants to citizens:
Membership in a changing world. Brookings Institution Press, 2013.
Blanpain, Roger. Social Security and Migrant Workers. Wolters Kluwer Law & Business,
2013.
Boucher, Anna Katherine, and Terry Carney. "Social security for migrant workers and their
families in Australia." (2013).
Brettell, Caroline B., and James F. Hollifield, eds. Migration theory: Talking across
disciplines. Routledge, 2014.
Crock, Mary, and Kate Bones. "Australian exceptionalism: temporary protection and the
rights of refugees." Melb. J. Int'l L. 16 (2015): 522.
Crock, Mary, and L. A. Berg. Immigration, refugees and forced migration: law, policy and
practice in Australia. Federation Press, 2011.
McGuinness, Terry, Nerys Roberts, and Oliver Hawkins. "Immigration rules for international
students: Westminster Hall debate, 16 November 2016 at 1430hrs." (2016).
Sá, Creso M., and Emma Sabzalieva. "The politics of the great brain race: public policy and
international student recruitment in Australia, Canada, England and the USA." Higher
Education (2017): 1-23.
Spinks, Harriet, and Michael Klapdor. New Zealanders in Australia: a quick guide.
Parliamentary Library, 2014.
Zwi, Karen, and Sarah Mares. "Stories from unaccompanied children in immigration
detention: A composite account." Journal of paediatrics and child health 51, no. 7 (2015):
658-662.