Australian Immigration Law Defacto Partnership

Question: Discuss about the Australian Immigration Law for Defacto Partnership. Answer: (a) What Is The Definition Of A Defacto Partnership? Does Emma Qualify As Jasons Defacto Partner? What Other Option Would You Recommend To Jason In The Circumstances? A defacto partnership is a association between two individuals who are of same and opposite sex, not married legally, not connected by family, have been living together as a couple on a legitimate domestic basis[1].The criteria prescribed in Migration Regulations 1994 are applicable to de facto status[2]. The criteria include the duration of the relationship, presence of the sexual relationships, reliance along with interdependence of the partners in financial aspects, extent of mutual commitment in the relationship, nature of common residence, and reputation of the relationship[3]. Apart from these, the partners must be minimum 18 years of age at the time of application and the partnership should be of at least 12 months before making the application[4]. According to the case scenario, it can be stated that Emma does not presently meet the entire requirements to be a defacto partner of Jason owing to the fact that they were living together in an apartment for only six months. Hence, Jason should go for Prospective Marriage Visa (subclass 300) for Emma. The nature of the visa is temporary and is valid for 9 months after granting of visa. With this visa, Emma can enter into Australia and can marry Jason within the validity period. After that, Emma can apply for prospective visa with the required documentations. The requirements of the prospective visa are, the partner has to be sponsored, should be 18 years or above while making application, should be of opposite sex to the intended partner, should possess genuine intention to marry, should meet character and health obligations[5]. After granting of prospective marriage visa Emma can than lodge an application for the partner visa. With Prospective visa, Emma can marry Jason, in Australia or in any other country but she has to enter in Australia on Prospective marriage visa at least once before the marriage takes place. Jason should fulfil all the criteria related to prospective visa with all the required documen ts needed to make an application for the visa. Jason should abide by the stated regulations and make proper arrangements of valid documentation before seeking to sponsor partner visa of Emma. (b) What Visas Are Available For Emma To Sponsor Her Parents To Come To Australia? Of The Visas That Are Available, Which Would You Recommend As Being The Best Option? There are diverse kinds of visas accessible for sponsoring Emmas parents to Australia stated in the Migration Regulations 1994[6]. The most suitable option for Emma to bring her parents in Australia is the Contributory Parent (Temporary) Visa (subclass 173)[7]. This category of visa lets the parents to stay in Australia for 2 years regardless of whether they are the parents of a person who is a citizen of Australia. The visa is of temporary nature and should be sponsored by the child of the applicant. The visa will let individuals to live in Australia for two years and they can travel to any place in Australia within that period. With the approval of the visa, Emmas parents will be able to live temporarily as an Australian resident in due course of time with her. The parents of Emma will be eligible for various types of government services available and can get the benefits according to the Australian governments policy. In order to apply for the stated visa, all the required documen ts or evidences are needed to be provided to the visa office. The proofs should contain amid other documents the relationship of the applicants with the sponsor in Australia. (c) Under The Circumstances, Is There Any Family Visa That Would Enable Michelle To Come And Live In Australia With The Rest Of The Family Permanently? In keeping with the provided scenario, it is apparent that due to recent terrorists attacks which left her injured and killed her husband along with her brother, Emmas sister is feeling unsafe in France and wants to shift to Australia permanently. The situation in the home country where Michelle lives is not suitable. Hence, she can apply for the visa under the class of Remaining Relative visa (subclass 115) which allows the person to stay in Australia whose sole relatives are living in the country[8]. The visa will allow Emmas sister to come and reside in Australia. This visa is applicable for those whos sole near relatives are residents in Australia as stable Australian citizens. One can apply for the visa only when the relatives sponsor the person. With this visa, Emmas sister will be allowed to stay in Australia. All the necessary documents including the passport will be needed to apply for this visa application. The visa will enable Emmas sister to be eligible for getting the se rvices in government sector of Australia and can access the other necessary benefits as stated in the particular visa policy. For this category of permanent visa, Emma also needs to ensure that the applicant i.e. her sister is outside Australia when the visa is acknowledged. This visa which would allow Michelle to stay within Australia for an indefinite period can be of immense value to her to get her out of present state of fear and anxiety in her home country. Moreover, she can also apply for citizenship of Australia later on. For a period of five years from the date of granting the visa, she can travel outside the country or to the nation as a permanent resident. Subsequently, in case five years period passes by, she can again apply for yet another new visa, if she desires to come back to Australia. In order to complete the procedures in a highly proficient manner, Emma should refer to some of the cases which were not positive in terms of applying the visa. Thorough investigation should be made by both Jason and Emma before going for the entire procedure of applying the visa. They should take into considerations all the terms and criteria before placing their application. Bibilography Articles Australian Government Department of Immigration And Border Protection, De facto partners (not married but in a de facto relationship) (2015) Partner Migration 38 Other Australian Government Department of Immigration And Border Protection Fact sheet - One-year relationship requirement for De Facto partners, https://www.border.gov.au/about/corporate/information/fact-sheets/35relationship Migration Regulations 1994 - Reg 1.09a Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016 Partner Migration 38 Partner Migration (Australian Government Department of Immigration and Border Protection, 2015). Migration Regulations 1994 Contributory Parent (Temporary) visa (subclass 173) Remaining Relative visa (subclass 115)