Australian Visa System Immigration Regulation in Federal States

Question: Dsicuss about theAustralian Visa System for Immigration Regulation in Federal States. Answer: Introduction Relevance of De facto Relationship [1]The de facto relationship is defined under the Migration Act 1958, S52CB as well as the Migration Regulations 1994, 1.09A. Law states the guideline through which both people who are in a relationship have to stay together without marriage. As per the Australian Visa System, there is no minimum or maximum period for such a relationship[2] However, if two individuals are legally married or are a part of the same extended migration group, the de-facto partnership cannot be applied. As such, the de facto partners can stay together without having going through the process of marriage. Therefore, law identifies such a relationship and each of the partners would have legal aide. The de facto partnership would give a legal identification to their relationship. In the context of the given study, Jason Bourne is an Australian resident who stayed in Europe for two years. He and Emma Brielle are partners. Due to her mothers illness, he had to visit Adelaide, Australia to see her. Jason applie d for migration agent registration to help Emma become the de facto spouse. The person had advised Jason regarding the relevance of the De facto relationship between Jason and Emma In that case, the De facto partners can have to stay together and it is only applicable within Australia. As per the Australian Federalism, Emma cannot be Jasons De facto partner, as she does not reside in Australia. Being a non- resident of Australia the de facto partnership cannot be applicable to Jason and Emma. However, there are certain options through which he can attain the benefits of the de facto partnership. These include the following Emma can apply for a temporary Partner visa through the subclass of 820/80, which would allow her to stay with him. In such a scenario, the temporary visa would grant him the necessary permission to be with Jason in the times of need. Emma can apply for through subclass 457 to obtain a visa through a secondary applicant through this condition, they have to prove that they are in a relationship for more than a period of six months. It can be said that Jason and Emma have been in France for a period of more than six months. Therefore, Emma is eligible to successfully apply for a secondary applicant spot and make temporary arrangements to be with him. Emma can also apply for Visa application through the subclass 300. This would assist Emma to be with him in Australia for a temporary phase. However, both Emma and Jason are not engaged. As such, it is necessary that both parties file an application of their relationship before applying for visas. [3]The subclass 300 can give a shorter period than the other visas and therefore be a temporary arrangement for Emma and Jason to live together as a couple in Australia. Verifying Age of Parents [4]The parents visa is a facility that would allow parents to live in Australia for a continuous period of two years. As such, to get a visa the person has to apply for the visa under the subclass 143, 173 or 103. In the context of the given study, Emmas parents suffered unnatural deaths and los one of their sons in the attack. Emma and Jason have been married and have a daughter. Emma has an Australian citizenship. As such, based on this data, Emma has certain alternatives. Thus, to apply for a parent category visa certain attributes need to be fulfilled. Emma has to choose the best alternative according to her situation. These include the following: The parent must have a child who possess a permanent citizenship of the country The child have been staying in Australia for a minimum period of two years, There is a sponsor for a child in Australia. The words sponsor relates to a person who has been a part of the resident and possess a permanent citizenship of Australia. Balance of family ties - [5]The dependence of family ties relates to a person who possesses half of the children in Australia. In the given case, the Emma has lost both their son and parents in the attack. As such, the Emma is an Australian resident, and half of the children is residing in Australia. Choosing the Best Option There can be Visa options that are available for Emma parents. These include the following: [6] To gather visa under the section subclass 103, the individual person must have the balance of family test and have a sponsor. As such, the processing time for such a visa is thirty years. Therefore, these options shall not be called suitable and only advisable for the parents of Emma. Therefore, to apply for visa through the subsection of 173, the parents have to attain the necessary requirements. In this case, it can be said that the processing time is not stated. Therefore, it can be said that Emmas parents can only apply for the visa option. There would be assurance support Bond of 10 years that would help the migrants to settle appropriately in a foreign country. Besides this, the bond of 10 years would cover a substantial part of the medical bills, educational expenses as well as the daily operational expenses of a business entity Family Visa Requirements The family visa can only be applicable under certain condition. In this context, Michelle has lost her husband to an unnatural death and is left with her only son. As such, Emma has to determine the visa option that can be considered best for her and son. The migration regulation 1.15 as well as the visa subclass 115 shall be applicable for Emmas Sister Michelle and her son. These would assist Emmas sister Michelle and her son to stay for a substantial -period in Australia. In addition, the migration regulation 1.15 shall aid the immigrants to react as per the changes in the societal structure as well as dynamics. Besides this, the regulation offers the necessary legal aid or protection to immigrants in the case of any crisis. [7]As per the Australian Visa Option, an individual can only apply for a visa application under the category of other family members in the application form. As such, the family members can be in the form of parents, siblings, aunt and uncle. In addition, the individual has to prove the relationship with necessary documentation. Here, the documents include a copy of birth certificate as well as the identity proof of the person.[8] Besides this, the individual has to proof that the family members are financially dependent on the concerned person. If necessary proof is not gathered a DNA test may be conducted to verify the authenticity of the person. In the case study, it can be said that Emma possesses the necessary document as well as the data that would enable her to successfully apply for the visa. This would assist to bring her family consisting of the parents and the sisters to Australia. References Birrell, Bob. "Migration: The Australian Experience."Immigration Regulation in Federal States. Springer Netherlands, (2014). 139-158. Gregory, Robert. "The two-step Australian immigration policy and its impact on immigrant employment outcomes." (2014). McLachlan, Rosalie. "Deep and Persistent Disadvantage in Australia-Productivity Commission Staff Working Paper." (2013). Schloenhardt, Andreas, and Kate L. Stacey. "Assistance and protection of smuggled migrants: international law and Australian practice." A Schloenhardt, K Stacey,'Assistance and Protection of Smuggled Migrants: International Law and Australian Practice'(2013) 35.1 (2013): 53-8. Shih, Kevin. "Labor Market Openness, Hà ¢Ã¢â€š ¬Ã‚ 1b Visa Policy, and the Scale of International Student Enrollment in the United States." Economic Inquiry 54.1 (2016): 121-138. Thornthwaite, Louise, and Peter Sheldon. "Employer and employer association matters in Australia in 2013." Journal of Industrial Relations 56.3 (2014): 397-414. Walters, Colin. "Australian International Education in 2012: A Focus on Quality and a Long-Term Strategy."Going Global: Identifying Trends and Drivers of Inter-naltional Educaton. United Kingdom: Emerald(2013): 29-40. Wright, Chris F. "Why do states adopt liberal immigration policies? The policymaking dynamics of skilled visa reform in Australia." Journal of Ethnic and Migration Studies 41.2 (2015): 306-328.