File Reference:
Ms. Ebony Enders
Address:
Date:
Dear Ms. Ebony,
Your Visa Options
I thank you for meeting yesterday. This letter verifies the suggestion I provided you during our meeting.
Summary of Instructions
You explained that you:
- Arrived in Australia on Visitor Visa SC 600 prior to 18 months with conditions 8201 –
- Your Visa got cancelled under s 109 of the Migration Act 1958
- Lodged for merits review at the Tribunal and further applied for Bridging E Visa, AAT set irrespective of getting cancelled under
- Your SC 600 got expired 6 months ago and do not have a substantive visa
- You & Ivory Caulfield are living together in Sydney for 7 months and are ten weeks pregnant
- You have registered your relationship with Ivory Caulfield at NSW Registry of Births Deaths & Marriages
Overview
According to the requirement of obtaining a partner visa, which in this case is not possible, you need to meet some additional validity criteria, as you are not holding a substantive visa. In addition, the visa you are holding i.e. Bridging E visa will also expire within 35 days from the AAT’s decisions. Therefore, you will be needed to meet the overall additional criteria for a short-term stay visa.
Options
Ebony has to meet the additional criteria for staying in Australia since she does have a substantive visa. Hence, in this context, the migration law of Australia can be applied. This includes Australian skilled immigration for employment and student visa for international students with specific duration. However, this does not apply in case of Ebony. In addition, it also includes a visa for business and investment for enhancing economic development. The next type of visa is known as a family visa, which can be received for some specific conditions and types. This further comprises a visitor visa for tourists. I have noticed that you already have considered the visitor visa (subclass 600) and are currently under a bridging E visa, but as per your requirement, you need to apply for a temporary visa. After considering your current situation, I would like to advise you for applying for these two visas i.e. bridging visa C (subclass 030) along with Bridging visa D (subclass 040 and 041)
I have noticed that you have come to Australia through a visitor visa (subclass 600). This has provided you the permission to stay Australia for a period of 12 to 18 months. This section allowed you to stay in Australia as a family member. I have further noticed you have satisfied the conditions 8101 and 8201i.e. you are not supposed to engage in any work and are not allowed to participate in any academic program for more than 3 months respectively. However, your subclass visa has been cancelled fewer than 109of the Migration Act 1958 due to inaccurate information. I also noticed that you have applied for a merit review, which was successful. Thus, under the section of 114(1) and 109, the visa would have never been cancelled in the first place. I have further found you to be a lawful citizen, as you have applied for a visitor visa. You and Ivory have also applied for registering relationships in the NSW Registry of Births Deaths & Marriages. However, it will take at least 7 days.
Based on your situation, I will advise you to apply for a temporary bridging visa because your present bridging E visa will be expiring soon and you failed to obtain a substantive visa. I have noticed you also cannot opt for extending your subclass 600 visa, as it needs to be applied 14 days prior to the visa expires. I have also noticed that you and your partner Ivory Caulfield have registered your relationship with the NSW Registry Office, which requires an Australian birth or citizenship certificate for identification. Unfortunately, you are not carrying any of it right now. Therefore, my advice to you is that apply for a temporary bridging visa.
According to your situation, two temporary bridging visas are available, as per the Migration Act 1958 and Migration Regulations 1994. The subclass 030 visa, which is a temporary visa, is available in the situation when a visitor visa expires. Hence, there is a need to apply for a new visa. This visa is known as bridging visa C (subclass 030, BVC). Under the regulation of this visa, you will not be allowed to travel outside of Australia. Additionally, you also cannot return to the home country if you have not satisfied the legal criteria for obtaining a substantive visa. Under the regulation of this visa, you are not supposed to work, until you are holding a valid substantive visa. Thus, this visa will allow you to stay lawfully in Australia until the final decision is made on your newly applied substantive visa.
You have to meet some criteria that aremust for applying for a temporary visa, even though she does not have a substantive visa. In addition, you can also apply for Bridging visa D (prospective application) for a short period under (subclass 040 and 041) as per your requirement. This visa is mainly applied when an individual is on the verge of becoming an unlawful citizen but has applied for a substantive visa. This visa can help an individual to stay in Australia for up to 5 days to submit a valid application. Hence, during this time she can also obtain her relationship certificate, which will legally allow staying in Australia, as her partner (Ivory), who is an Australian citizen. However, this visa will not allow you to work and travel. The eligibility criteria for (subclass 040 and 041) are that the person must be an illegal non-citizen or will become one in three days.
The additional criteria that Ebony has to meet, as she does not hold a substantive visa. Another criterion is evidence of a genuine attempt to make a suitable substantive visa with proper application and can submit it within 5 working days. You can apply for this visa for a temporary period. Hence, as per your situation, you will meet these all criteria before the expiry of the bridging E visa. Thus, based on your requirement, you can apply for this visa to stay in Australia until you are completing the procedure of making a substantive visa and receive a relationship certificate from the NSW registry.
Conclusion
I would like to inform you that, as per your requirement for a temporary visa, you have two options available. The bridging C visa (subclass 030) will help to reside in Australia until the time you will obtain a valid substantive visa. Based on your current situation, you need a visa for staying in Australia lawfully. As per your requirement, (subclass 030) visa can help you with the further process. Another option is applying for a bridging D visa (subclass 040 and 041) will give you permission to stay in Australia for the application process. Therefore, as per the situation, (subclass 030) and (subclass 040 and 041) can give you permission to stay in Australia until you will obtain a valid visa.
Yours Sincerely,
Agent Name:
MARN:
Email:
Telephone:
