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Our Ref: M0001
Your Ref: C0001
15 Buckley Close
Fairfield West 2251
Phone: (02) 9724 7785
5th September 2013
Re: Advice on potential visa options with regards to your current circumstances.
Further after our consultation we are writing to provide you with recommended options that are potentially applicable to you in regard to your current circumstances; that are your relationship with Mr Alex, your unlawfulness. We have used the best of our knowledge, understanding, experience and research in writing this letter of advice. Our opinions and advices will not warranty the Minister’s favourable decision; however we will provide you with legal options so that you can proceed to the right decision regarding your circumstances.
We have done some thorough research based information you provided. After some careful review of the Migration legislations as well as the Procedure Advice Manual policies, we advise that your circumstances are most suitable for a partner visa and Bridging Visa A, C and E.( footnote : combine partner visa subclass 820 and subclass 801. Valid application for this visa subclasses will automatically grant you to Bridging Visa A, Bridging visa C and Bridging visa E. Bridging visa will discuss in more detail once applicant agree to proceed with such application) In this letter we will advise you on the criteria used and requirements for this partner visa for you to be eligible. We will explain the migration law as well as the Procedure Advise Manual (PAM) policies where appropriate in your case.
Your background information
To confirm that we had your background information correct, we understood that you are a Malaysian citizen. You came to Australia on 2nd April 2010 with the Prospective Marriage (Class TO) (Subclass 300) visa with Robert. Your relationship with Robert ended shortly after your arrival and no violence was involved.
It is also understood that you met Mr Alex a short time after. He is an Australian Permanent Resident. You moved in with him and commenced the relationship since then. We were advised that you two got married last week and you are 8 months pregnant. Your visa has expired and you became an unlawful non-citizen for more than a year.
Your visa option
Australian visa system was intended for a non-citizen who wanted to enter and stay in Australia (s.45). We believe that a Partner visa is suitable to you because you have maintained a relationship with Mr Alex and married him last week which is validly recognised under the Australian law (marriage Act 1961). We will take you through schedule 2 of the Migration regulations to outline your eligibility for the visa subclasses below.
Partner (temporary) (class UK) (subclass 820)
Partner (Residence) (Class BS) (subclass 801)
Bridging Visa A, C, E
Mr Alex’s eligibility as a sponsor
A non-citizen applying for a partner visa in Australia will need to have a sponsor stated in their application. After careful review of the Migration legislation and thorough research, Mr Alex is eligible to be your sponsor for the partner visa. He has met all the criteria set out for a sponsor. He is also an Australian Permanent resident who is over 18 years of age. He is also the spouse of the applicant (footnote: define spouse, applicant refer to Alice). Evidence of a marriage certificate solemnised under the Australian Law between you and Mr Alex will further support your husband’s eligibility as your sponsor. Last but not least, DIAC has put a limitation on approval of sponsorships if there is evidence that Mr Alex had sponsored two others in this same category mention above (R1.20J). If this will be the case, we will be happy to further discuss with you its alternatives.
Your validity and eligibility for a partner visa
A non-citizen applying for a particular visa will need to validly lodge the application before the Minister considers their eligibility for the grant of the visa. What this meant is that you will need to meet Schedule 1 criteria to validly lodge your application (s.46,s.47(3)). Schedule 1 outlines the prescribed form that you will need to use which is accessible on the internet. There is no Visa Application Charges (VAC) in this subclass 820, however it required you to make a combined application with Partner (resident) (class BS) (Subclass 801) which has the prescribed VAC (footnote: forms and VAC will further discuss in details should you wish to proceed with this partner visa application)
Once you have met all the criteria prescribed in sched.............
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