Legal Research FileNote: Yan Ming- PR-immigration issue

FileNote of Legal Research
re client issue
FILE NAME: Yan Ming- PR-immigration issue
FILE REFERENCE: YMPR
DATE: XXXXX
AUTHOR: ZZZZZ
The client: Yan Ming
Original citizen: People’s Republic of China
Visa status: Bridging visa A
Period of stay in Australia: 4 years
Original Visa type: subclass 457 visa.
Visa details:
 Filed for subclass 482 Temporary Skill Shortage visa in November 2018
following position offered by the new employer
 Subclass 457 visa expired in December 2018
 The holder of bridging visa A.
Issue: Letter from department of visa refusal for a subclass 482 visa.
Other aspects of the case:
Partner Bruce (Australian citizen) intends to propose marriage to Yan Ming, and
sponsor her for the partner visa
Aspects of the case to be considered:
Section 48, not applicable for the client, as:
 The holder of a substantive visa
 After last entering Australia, was refused a visa (subclass 482 visa refusal)1
 The individual is a holder of BVA with no details of possible employment
 Refusal to address the issue of visa expiry originally
Application
Application of the partner (temporary- class UK) not applicable, since Regulation
2.12(1) notes that the application of visa from within Australian can be applied under
this subclass, if
Section 48 applies to you.2
At present, the individual is with BV, and in order to apply for a partner, visa needs to
prove that they are in a de facto partner relationship3
For this following documents will be needed:
 Documents to prove identity
1Commonwealth Consolidated Regulations, s. 48.
2 Commonwealth Consolidated Regulations: MIGRATION ACT 1958 - SECT 48
3Seekvisa, 2019. Partner visa Australia

 Current passport pages
 Photos
 Proof of change of name if any
 Health documents
 Character documents
 Completed Form 80
 Police certificate
 Application
Factors to be considered will include the
1. Details of relationship such as when, how, what
2. Financial aspects of the relationship4
Present circumstances
At present, the visa application of the client has expired, and they have been granted a
bridging visa (BVA). The individual can apply for a partner visa
Consequences
Applicant:
Need to prove that holder of BVA
Need to prove that in a defacto relationship
Need to provide proof of relation, in the absence of which the status of partner
visa will not be provided
Need to provide proof of ending of original visa, and state reason for the same
State present employment, and if found not applicable, the possibility of
deportation
Partner
Need to provide proof of citizenship
Need to prove that in a defacto relationship
Need to provide proof of relation, in the absence of which the status of partner
visa will not be provided
Can be liable for fraud with the agencies.5
Might face trial or penalty in the event of fraud.
Recommendations
Apply for partner visa if the case genuine
Apply for an original visa (re-application) from outside Australia
Apply for partner visa outside of Australia
Apply for partner or work visa under section 48, since the BVA or any other
visa will not be applicable in this scenario
4 ALI v MINISTER FOR IMMIGRATION & ANOR [2018] FCCA 121
5 ALI v MINISTER FOR IMMIGRATION & ANOR [2018] FCCA 121

Part B
 Can Rose make a valid application for an Aged Parent (Residence) (Class
BP) visa? Explain why or why not.
Issue:
In the present case, the sponsoring individual is a resident of Australia, and are in
need of their mother as a candidate for the permanent residency. The parent to be
sponsored will be a contributing member to the family, as the family has four
children, from which one child has been diagnosed with a chronic ailment. At such
time, the introduction of a parent, especially when their own partner is deceased, and
they do not have any particular medical history will be categorized as contributory.6
Rule:
Since Aged Parent (Residence) (Class BP) visa is applicable for non-contributory
family members, this visa will not be applicable in the present scenario. Instead, she
can apply for a contributory parent visa, since, Rose has when an eligible child who is
a settled Australian citizen, and she is old enough to receive the age pension in
Australia7.However, there is another issue, Rose is limited by the condition 8503-
which is a no further stay conditions, which limit the visa holder to apply for
permanent or any other temporary visa after entering Australian territory.8
Application
While ideally this type of addition is based on the visa offer discretion, this can be
6 Thames migration. 2019.Caps for the non-contributory parent, other family visa classes set
7Commonwealth of Australia. 2019. Contributory parent visa subclass-864
8 Migration Regulations 1994, Schedule 8. Visa Conditions.