Australian Visa System

Question: Describe about the Australia Visa System. Answer: In the given case scenario, Andrew is a permanent citizen of New Zealand and according to the bilateral agreement between Australia and New Zealand; citizens of the latter may enter into Australia and hold a Special Category Visa (SCV). SCV is not a permanent visa but it allows such citizens to live and work in Australia indefinitely. Andrew will be able to sponsor the visa of Stephen. Andrew may apply for a Partner Visa (Subclasses 820 and 801). This temporary visa allows a person to live in Australia who is a partner or a de facto partner of an eligible New Zealand citizen[1]. As pointed out above, Stephen will have to apply for a Partner Visa of Subclass 820 initially. This temporary visa allows a person to live in Australia who is a de facto partner of an eligible New Zealand citizen[2]. De facto relationship has been defined under section 4AA of the Family Law Act 1975 and states that the persons of the same or opposite sex had a relationship as a couple living together on a genuine domestic basis. In the given case, both Andrew and Stephen had a relationship for the last 10 months of which they lived together for 7 months in UK. Subclass 820 visa is the first step towards obtaining a permanent Partner Visa of Subclass 801[3]. An application for the above visa has to be filed online through the portal of Department of Immigration and Border Protection. The people involved must have a relationship of 12 months prior to the application. However, if the couple is able to demonstrate their seriousness such as dependent children, the visa may be granted. Ste phen has a dependent cousin Alfred and this may be considered for granting the visa. In case the visa is not granted at this point of time, the coupler may apply afresh after the completion of 12 months of their relationship[4]. A form related to Sponsorship for a partner to migrate to Australia has to be filed by Andrew for a Partner Visa of Stephen. A declaration has also be filed about their relationship along with the application. Two declarations are required by any of the following[5]: An Australian citizen An Australian permanent resident, or An eligible new Zealand citizen In the given scenario, Alfred cannot be included in the application made by Stephen, as he is not a dependent child. He is a relative and falls under the category of Other Family Members. A separate application has to be made by Alfred for visa purposes. He is still a minor and is dependent on Stephen and hence a statutory declaration has be given by Stephen in this regard[6]. A separate application for Alfred has to be lodged before a decision for 801 (permanent partner visa) has been given for Stephen. Therefore, it can be seen that a visa application for Alfred has to be filed separately and before a permanent visa is granted to Stephen as a de facto partner of Andrew. References Australia, Family,De Facto Relationships - Family Court Of Australia. MIGRATION ACT 1958(2016) Austlii. MIGRATION REGULATIONS 1994(2016) Austlii. Partner Visa (Subclasses 820 And 801)(2016) Border.gov.au.