Graduate Diploma in Migration Law: Australia's Visa System Report

This report analyzes the case of Suzuki and his wife seeking permanent residency in Australia. It examines their options under the Australian migration law, considering Suzuki's qualifications as an electrical engineer and his wife's mother's Australian citizenship. The report focuses on partner visas, s...Read More

Australia's Visa
System 2
MIGRATION LAW
XXXX

:
Dear
I am writing this letter to you to cover the case of Suzuki and his wife who are willing to
leave the country. In the case given Suzuki and his wife want to leave Japan for ever and
settle in Australia as Suzuki qualifies as an electrical engineer in Australia. It is also given
that mother of his wife is married to an Australian man Bon and have achieved Australian
citizenship. Due to some personal issues both Suzuki and his wife now wants permanent
residency of Australia. While suzuki was in Australia for his educational purpose , his mother
in law married to a Australian citizen and living in Australia as citizen of Australia.. Now in
my opinion if they want permanent and as they have chiyoko (his mother-in-law) as a
parents who owns Australian citizenship, they can opt prima facie for, partner,Fiancé and
Family Membera Visa, which provides Australian permanent resident to family
members( children, partner or parents) permanent citizens of the Country. In other words ,
those who have permanent1. Citizenship of Australia and bring their partners, parents and
children to apply for permanent residents of them which includes- Provisional partner visa- subclass 309 and subclass 820. Fiancé, Prospective Marriage Visa( subclass 300) Family member Visa includes children , parents , relatives etc Migrant Partner Visa- subclass 100 and subclass 801.
In above all types if Suzuki wants permanent residence at Australia then subclass 801 and
subclass 820 will be most suitable as his wife’s mother has permanent citizenship of Australia
so his wife will get easily permanent citizenship also. However if we find out various avenues
that match the case given then the most suitable wil be Pertner Visa that Suzuki can apply in
Australia as he is living with his mother in law right now in Australia2.
It will allow the the partner of an Australian spouse, Australian permanent resident or New
Zealand citizens which are suitable for Australian citizenship. Under this, they need to apply
for both temporary and permanent visa altogether.In this case, partner visa wil allow
temporary stay in visa meanwhile they will apply for Permanet Partner visa (subclass801).
If we count on the cost of the application it will turn out to be 1195Australian Dollar for
Prospective Marriage and Australian dollar 7160 for any other applicants. It is also
advisable here that processing time total can be more than 3-4 years for permanent resident
1 Jian-Wu WAN and Ming YANG, "Pairwise Costs In Subclass Discriminant Analysis" (2014)
24(11) Journal of Software.
2 Hitoshi Nasu, "Reform Of Subclass 457 VISA Schemel" (2008) 33(3) Alternative Law Journal.

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visa. The basic eligibility to get permanent resident using partner visa is that applicant must
be spouse or de factor partner of
 Australian citizen
 Australian permanent resident .
 Eligible NewZealand citizen.
 Also your partner must sponsor you for at-least two years.
 Must pass health and character criteria.
In this process after initial processes the applicant will get a temporary visa for two
years and this can be used as a a visa that allowed you to work with full rights in
Australia. This two year period can be bypassed if you are in relationship from your
spouse with more than 5 years or you have dependent childrenfrom the relation.The
law also has provisions regarding broken relations want to posses permanent resident .
All the provisions mentioned by Australian Home affairs are applicable over this case
where the couple has their close relative as permanent citizens. Subclass 801 and
subclass 100 are the field required to search for .
Subclass 820-
The mentioned couple required to get subclass 820 Partnership temporary Visa that
allows de facto partner of any Australian citizen, Australian Permanent Resident to
live in Australia temporarily. This visa is defined as the first step towards getting
permanent visa.
Subclass 801- usually only for those who posses subclass 820 visa . This allows
spouse, partner of Australian citizen, Australian permanent resident to live in
Australia permanently.
Both the visas whether subclass 820 or Subclass 801 permits to work, live and study
in Australia. Only difference lies in their nature of stability whether permanent of
temporary it also sponsor eligible family members to come in Australia and apply for
Australian citizenship.
Benefits of Partner Visa (subclass 820 and 801)-
Temporary partnership visa allows some limited benefits as -

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i. Subclass 820 visa will allow living and working in Australia until the
processing of permanent visa in undertaking.
ii. It will also allow to study in Australia without access to government funding
which was also specifically mentioned by Suzuki3.
iii. Can help in enrolling in Medicare, Australia’s various social health care
schemes for health related expenses4.
iv. This will also include dependants in the application providing all the
dependent applicants are in Australia at the time of Application.
The permanent partnership visa subclass 801 includes all the benefits
provided to Australian citizens-
 Work , stay and study in Australia .
 This has benefits regarding access to all the health care facilities
provided by government.
 It will provide opportunity to apply for permanent citizenship of
Australia.
 It also give options to sponsor relative and other de facto partner for
permanent residence 5.
 This allows hassle free entry and exit to and from Australia to all the
visa holders.
However as the applicant demands and the case conditions, here Suzuki is known to be
qualified as an electrical engineer in Australia as he has completed various courses regarding
this.6 So it will be in his utmost interest he apply for Partner Visa to Department of Hime
Affairs in Australia. If Suzuki’s current visa expires between the time of processing the
subclass 820 , he can apply for Bridging Visa A that will allow him to stay in Australia
Bridging Visa A holder will also get Healthcare benefits and full work rights 7.
Therefore, by requesting her mother in law to sponsor them for their application, they will be
able to apply for permanent visa. His mother in law needs to file their partnership application
3 Xiaochu Hu, "Economic Benefits Associated With The Visa Waiver Program - A Difference-In-
Differences Approach" [2011] SSRN Electronic Journal.
4 Alex Brooks, Mortgage Stressbusters (Wiley, 2016).
5 Gabriela Tejada et al, Indian Skilled Migration And Development (Springer, 2014).
6 John Vrachnas, Migration And Refugee Law (Cambridge University Press, 2012).
7 Catherine Gomes, Transient Mobility And Middle Class Identity (Springer Singapore, 2016).

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that once gets approved, will subject the couple to sponsorship obligations. These obligations
are needed to obliged in order to avoid any kind of penalty or sanctions. These obligations are
mandatory to provide adequate information regarding rules and regulations of Australia.
These obligations are just some kind of preventive measures. After completion of this period
the couple will get their subclass 820 visa which after maturing allow the couple to get
Permanent resident applications.
According to the above analysis and discussion the following can be suggested. For working
individual who have a relative or de facto partner in Australia , it will be best suited to apply
for permanet temporary visa problem. Which has provision to convert them into permanet
citizenship. As this visa will also not undermine Suzuki’s career oriented requirement as to
work without government support. Thesubclass 801 visa will allow them to get permanent
visa who has 820 visa.
Therefore , I hope that taking care of various requirements and conditions, it will be best
suited for him and his wife , to apply for.Subclass 820 visa, which in my opinion will be best
option to be adopted by the couple in case.
Yours sincerely
XYZ

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References
Brooks, Alex, Mortgage Stressbusters (Wiley, 2016)
Gomes, Catherine, Transient Mobility And Middle Class Identity (Springer
Singapore, 2016)
Hu, Xiaochu, "Economic Benefits Associated With The Visa Waiver Program - A
Difference-In-Differences Approach" [2011] SSRN Electronic Journal
Nasu, Hitoshi, "Reform Of Subclass 457 VISA Schemel" (2008) 33(3) Alternative
Law Journal
Tejada, Gabriela et al, Indian Skilled Migration And Development (Springer, 2014)
Vrachnas, John, Migration And Refugee Law (Cambridge University Press, 2012)
WAN, Jian-Wu and Ming YANG, "Pairwise Costs In Subclass Discriminant
Analysis" (2014) 24(11) Journal of Software