Migration Law | Case Study

Running header: Migration Law
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Migration Law
Subject: Migration Law
(Name, admission number)
(Professor)
(University)
(City, State)
(Date)

Running header: Migration Law
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1. Kevin’s Current Status
Kevin is an Afghanistan citizen whose first visit to Australia was on 6th December 2019 using a
three-month visitor visa permitting him to attend to an international conference in Melbourne.
The Visa had an 8503 condition attached to it. During this time, Kevin entered into a homosexual
relationship with Stephen.
The migration act 1958 stipulates that when a person’s visa has expired and they remain in
Australia, they are living in the country illegally1. One can apply for a bridging visa which Kevin
did not do. If one has a relationship with an Australian citizen, they can be given application for
a bridging visa to allow them to extend their stay while they plan to apply for the right visa as it
is the case for Kevin (DIBP 2014b). When the stay has gone beyond 28 days, Kevin will be
risking deportation at their cost and they will be banned from visiting Australia in the next three
years. Given that there is a relationship between Steven and Kevin, Kevin cannot apply for an
Australian because he does not want to go back to Afghanistan, Kevin has to become a legal
citizen of Australia. He should, therefore, apply for a bridging visa so that he can get time to
process a substantive visa2.
2.
1 Billings, Peter. "The Future of Law Reform: Simplification of the Migration Act 1958-Submission
to the Australian Law Reform Commission." (2019).
2 Grewcock, Michael. "Punishment, deportation and parole: The detention and removal of former
prisoners under section 501 Migration Act 1958." Australian & New Zealand Journal of
Criminology 44, no. 1 (2011): 56-73.

Running header: Migration Law
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There are several onshore visa subclasses which Kevin can apply for when in a situation similar
to this one and they include temporary partner visa subclass 820 and permanent partner visa
subclass 801.
Given that Kevin wants to apply for an onshore partner visa, they should be aware that this visa
has two provisions in which a single application caters for both temporary partner visa subclass
820 and a permanent partner visa subclass 801. This application has to be done at the
immigrations department. There are two forms to be filled namely the applicant fills form 47SP
while the sponsor fills form 40SP. After this, the forms can either be send by the post office or
they can be delivered to the immigration department in person.
Once it has been confirmed that the application procedure was done well and all documents
submitted are authentic one will be granted a temporary partner visa subclass 820. This visa will
be held for a period of two years after which a permanent partner visa subclass 801 will be
granted to the applicant. There are some special instances under which one is just granted a
permanent partner visa directly without having to wait for a period of two years while using a
temporary partner visa subclass 820 and they include
a. The applicant has been in a de facto relationship.
b. The relationship has lasted for the last two years and the two in the relationship
have a baby together.
c. If the partner was granted a permanent or a protection visa and the relationship
was in existence before this approval was made.
This is a visa meant for couples where one is an Australian citizen while the other one is a non-
Australian resident. It is aimed at helping the non-Australian resident to reside in Australia. The