Migration Law : Assignment
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Added on 2021-05-31
Migration Law : Assignment
Added on 2021-05-31
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Running head: MIGRATION LAWMigration LawName of the StudentName of the UniversityAuthor Note
1MIGRATION LAWAnswer 1:a.It is worthwhile to refer here that before July 2009, Partner visas in Australia were splitinto Spouse visas belonging to subclasses 309/100 and 820/80, visas applicable forcouples in formal marriage and interdependencies visas for couples sharing same-sexrelationships1. However, after July, 2001 such distinction has been eliminated and thenature of Interdependency visas has been renamed as Partner visa (309/100 and 820/801).The major difference between the 309 and 820 visa is that the offshore applicants canapply for 309 visas while the onshore applicants can apply for 820 visas. In this regard, itis worth mentioning that in case of de-facto partners, the person must be in a formalmarried relationship. However, in this context, the only exception available to offshorePartner visa is that the person must apply such visa prior to marriage in order to makesure that both the persons are formally married by the time the visa has been granted.Therefore, 309 visas are for offshore applicants while 820 visas are for onshoreapplicants2. In this regard, it is worth noting that, substantive visas can be held by anyonshore applicants. Therefore, in the present scenario, it can be stated that Charles will beeligible for both 309 and 820 class visa. According to the provisions of Schedule 1 of theMigration Regulations, a person would be eligible for applying both classes of visas in aconcurrent way by using the prescribed application form and paying the applicationcharge3. 1 Chung, Mona, and Bruno Mascitelli. "“We Still Don't Like You but We Want Your Money”: The Case of ChineseMigration to Australia."Management Strategies and Technology Fluidity in the Asian Business Sector. IGI Global,2018. 88-98.2 Ghafournia, Nafiseh, and Patricia Easteal. "Spouse Sponsorship Policies: Focus on Serial Sponsors."Laws6.4(2017): 24.3 Fozdar, Farida, and Susan Banki. "Settling refugees in Australia: achievements and challenges."InternationalJournal of Migration and Border Studies3.1 (2017): 43-66.
2MIGRATION LAWb.The Migration Act 1958(Cth) has established rules governing immigration for thepurpose of entering into Australia. In order to make valid application for a visa, it isimportant to fill up the prescribed form of visa with the payment of required applicationcharges by satisfying the criteria that has been prescribed for the particular visa4. In thisregard, it is noteworthy to mention here that visas can be both temporary and permanent.In order to make application for a temporary or permanent visa, a valid application has tobe made in writing depending upon the type of visa. Partner visas under class 309 and820 once granted are valid for 2 years from the date of application5. However, these visasare considered to be temporary and at the end of the tenure of two years, the applicantscan proceed to apply for permanent visas without making an attempt to apply for 100visas for offshore applicants and 801 visas for onshore applicants. In order to make anvalid application for visa, it is important the both the applicants must have domiciled inAustralia and must have stained the age of majority i.e. 18 years in order to apply for avalid partner visa6. However, in case, if the age of one of the applicant is below 18 yearsthen the guardian of such applicant must represent such applicant however such guardianmust be a citizen of Australia. According to the provisions of Section 46 of the MigrationAct 1958, an application for a visa is valid only if it is for a visa of a class that has beenprescribed in the application7. The nature of the application has to be such that it satisfiesthe prescribed requirements under the provisions of the Section 46 of the Migration Act1958. 4 Kuo, Mei-Fen, and John Fitzgerald. "Chinese Students in White Australia: State, Community, and IndividualResponses to the Student Visa Program, 1920-25."Australian Historical Studies47.2 (2016): 259-277.5 Lyneham, Samantha, and Kelly Richards. "Human trafficking involving marriage and partner migration toAustralia." (2014).6 Murphy, Kerry. "A tale of two refugees."Eureka Street26.12 (2016): 67.7 Li, Yao‐Tai, and Katherine Whitworth. "When the State Becomes Part of the Exploitation: Migrants’ Agencywithin the Institutional Constraints in Australia."International Migration54.6 (2016): 138-150.
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