Report: Partner Visa Application and Migration Law Considerations

This report analyzes a partner visa application under Australian migration law, focusing on the specific case of Mr. Henry Li and his partner, Sandra. It examines the legal implications of a previous student visa cancellation and Sandra's prior sponsorship of an ex-husband. The report delves into the requirements for partner visa applications, including the five-year sponsorship rule and potential waivers based on compelling circumstances, such as Sandra's hospitalization and dependence on Mr. Li. It also discusses the possibility of applying for a partner visa while holding a bridging visa, and the associated costs. The report advises on the necessary steps for a successful application, including the potential use of a Bridging C visa and the option of applying from outside Australia. Relevant sections of the Migration Act 1958 and Migration Regulations 1994 are referenced, providing a legal framework for the analysis and recommendations.

Running head: MIGRATION LAW
Migration Law
Name of the Student
Name of the University
Author Note

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MIGRATION LAW
To
Sandra and MR. HENRY LI
Sub: Letter of Advice for making an partner visa application
Respected Sir and Madam
This is to inform you that under the migration agent code of conduct as established by the
Schedule 2 of the Migration Regulations 19941 it is my duty to provide you with the most
relevant advice on the prospects of you making a successful visa application as per s319 of the
Migration Act2.
It has been provided to me that both of you want to get married within one year. The visa
application of MR. HENRY LI had been cancelled with respect to a student visa.
Sandra who been in a previous relationship had sponsored ex-husband for a period of 3 years.
According to Migration Act a person has to wait for 5 years before he can provide sponsorship to
another person in relation to a Partner Visa.
However the above specified requirement may be waived under the Migration Act if it can be
shown that compelling situation have occurred for the visa applicants which should lead to the
waiver of the requirement.
The waiting period is initiated from the day the sponsorship had been lodged.
1 Schedule 2 of the Migration Regulations 1994
2 Migration Act 1958 (Cth) at section 319

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MIGRATION LAW
Generally a person is not allowed to apply for a further Visa on shore in case a visa application
has been refused since the person have last entered Australia what the person holds of bridging
visa other than a substance abuser as provided by section 48 of the Migration Act3.
However if a person is applying for a partner visa then the bar under section 48 can be
exempted.
Therefore there are significant chances that you can apply for a partner visa while staying in
Australia and holding a bridging visa even when you are holding a bridging Visa and your
student visa application has been cancelled.
Under the code of conduct it is my duty to provide you with a fair quotation of price for making
a visa application. It is advised you that you include your partner in the visa application as
$6,685 are charged for making a partner visa application and only $1,800 for adding a partner to
such application.
In the given situation if a way waiver is provided you would be able to attain a Bridging C visa
through which you would be entitled to make an application for partner visa while staying in
Australia.
The hospitalization of Sandra and her dependence on MR. HENRY LI can be claimed as a
significant compelling circumstances under which the 5 years sponsorship period may be waived
by the Minister. Any medical certificate which may be required for making the application can
be obtained from any doctor practicing in Australia as per the convenient of the clients. In case
Sandra is not able to attend the 5 years waiting period then she may leave Australia by applying
for a Bridging B Visa and make an application from outside Australia for a partner. Although
3 Migration Act 1958 (Cth) at section 48

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MIGRATION LAW
some provisions are against your visa application if the application is made in a proper way you
may be able to attain the visa
Yours sincerely

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MIGRATION LAW
Bibliography
Migration Act 1958 (Cth)
Migration Regulations 1994 (Cth)