(1). Draft a letter of advice to Bruce informing him about whether or not he can sponsor his wife Thelma to Australia. Refer to the relevant legislation and policy in your letter. (Do not include information about the requirements for a partner visa. Refer only to the sponsorship issue).
(2). On behalf of Ronny, draft submissions to the case officer addressing the relevant criteria that have to be satisfied because of his status as an unlawful non-citizen.
Dear Bruce,
First of all, thank you for sharing with me .I am sorry to hear about the problems that you are facing. Nevertheless am glad you are finally happy with your current partner and you are looking forward to settling with her soon. I am writing in response to your inquiry whether can apply to sponsor your Thelma as your third wife. After examining your case closely I found out that you qualify for sponsorship under the Immigration Laws of Australia. In this letter, I will refer to several issues that will make you understand the relevant legislations and policies enacted in the Migration Act that will allow your genuine request.
Mr. Bruce you are a permanent residence and that makes you eligible to sponsor a fiancé or a partner. You meet all the requirements necessary to sponsor a partner to Australia. The limiting provisions likely to be imposed to your default qualifications are not applicable.
Though you have previously sponsored two other person(s) as fiancés to Australia, it can be argued out because your former wife died .The Act would have limited you in this case if your former wife obtained a permanent residence on grounds of family violence, if you withdrew from the relationship.
Second, the provision would limit you if you have sponsored another fiancé within the last five years. It long enough since you had sponsored Rebekka and Georgia to Australia Therefore you are eligible to sponsor you current partner.
You can also in a position to sponsor your current wife because your previous wife Rebekka died and the Act acknowledges that. However you will be required to provide Rebekka’s death certificate.
Now that your relationship with Thelma is doing well and you are looking forward to settling down and having a family, the act recognizes your commitment and seriousness in the relationship and will offer you a chance to sponsor your wife irrespective of your previous sponsorships.
The other good thing is that you are expecting a child and soon you will be a father. The Act will be compelled to withdraw its limitations and accept your application to sponsor owing to the fact that your wife Thelma is expecting a child and therefore, you will be allowed to sponsor her to Australia.
Yours Sincerely,
Migration Agent
Ronny has been an unlawful non-citizen for a period of four year. He was disowned by his father for being gay. For the past three year he has been in a committed relationship with Steve. The following draft contains submissions that qualify Ronny as unlawful non-citizen to lodge a partner visa and be sponsored to Australia.
Ronny became unlawful Australia citizen for reasons behold his control. Ronny together with his family come to Australia on a temporary work visas. At the time Ronny was only 17 years of age. When Ronny identified himself as gay, his father disowned him and he started living on his own. His parent work visas expired after four years and they returned to their home country, Canada. It is clear that Ronny was faced with conditions behold his control that led to inconveniences to apply for another substantive visa.
Secondly, there are compelling reasons for granting Ronny a visa. Ronny is in a long standing relationship with his boyfriend Steve. Both have been living together for the past three years and the relationship is genuine. Steve is a permanent Australian citizen who is eligible for sponsoring a partner to Australia. Also, it can be considered that Ronny was separated from his family and it was difficult for him to apply for a substantive visa.
On other account Ronny complied substantially with all conditions attached to his previous visas. Ronny has no criminal case reported to the respective authorities during his stay. This shows that he complied with the conditions stipulated in his substantive visa.
Mr. Ronny is intending to comply with all conditions that will be placed on the visa. Ronny is convinced and willing to cooperate following his partner’s illness. Steve, Ronny’s partner has been diagnosed with bone cancer and requires a surgery to treat it .During this period, he really requires his partner to be around since he will be off work and limited on what to do at home.
Steve who is up to sponsoring Ronny is an eligible person. He meets all provision and requirements to sponsor a fiancé or partner under Migration Act. Also he is not limited to sponsor a partner because under any legislation and policies of Department of Immigration and boarder protection (DIBP). Steve has neither sponsored two partners in the past to be Australians nor has he sponsored anyone for the past five years.
Ronny’s relationship with Steve is genuine. They have a mutual commitment that involves shared life as husband and wife. They are in an open relationship and Steve feels he cannot endure the painful situation alone and needs Ronny by his side.
Ronny meets health and character requirements needed for a partner visa. Ronny has no records of criminal offenses and health complications.
To the time of lodging a partner visa, Ronny and Steve live under the same roof. They have been living together for the past three years. They have lived together long enough and it evident that they share social commitment.
Steve and Ronny are not family. Ronny is from Canada while Steve is from Australia. They are from different countries and the only bond keeping them together is a marriage relationship. It is behold reasonable doubt that Ronny and Steve are not related by blood or marriage. They met independently and created a relationship that has resulted to them being family.
In Conclusion, I am satisfied that Ronny though he is an unlawful non-citizen in Australia, has met all the requirements requirements and fulfilled all criteria of proceeding with partner visa application. This is after establishing that Ronny became unlawful non-citizen for reasons behold his control and assessing that they have been living together with his partner and do have shared pecuniary and other social commitments.
References:
Crock, M. E., & Berg, L. (2011). Immigration, refugees and forced migration: Law, policy and practice in Australia. Annandale, N.S.W: Federation Press.
Cope, A., Migration Institute of Australia., FCG Legal., & Victoria University (Melbourne, Vic.). (2010). Australian immigration companion: Practical problems and solutions with an introduction to migration law and visa application procedures. Sydney, NSW: Migration Institute of Australia.
Vrachnas, J. (2006). Migration and refugee law in Australia: Commentary and materials. Cambridge: Cambridge University Press.
In Dickie, M. (2015). Introduction to Australian migration law and practice.
Ozdowski, S. A., & Clearing House on Migration Issues (Australia). (1984). The Australian migration law: A time for change?. Richmond: Clearing House on Migration Issues
Goddard, J., & Immigration Advice and Rights Centre (Sydney, N.S.W.). (1997). Immigration kit: A practical guide to Australia’s immigration law. Leichhardt, N.S.W: Federation Press.
Dauvergne, C. (2005). Humanitarianism, identity, and nation: Migration laws of Australia and Canada. Vancouver: UBC Press.
Crawford, D., & University of New South Wales. (2004). Australian immigration law and practice, a practical course in knowledge of migration law procedure: Temporary visas. Kensington, N.S.W.: University of New South Wales, Faculty of Law, Continuing Legal Education.
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