Immigration Law Facto Relationship

Question: Describe about the Immigration Law for Facto Relationship. Answer: 1. The Family Law Act 1975[1] defines a de facto relationship. It is required under law that there needs to be a relationship as a couple that exists between the two people of the opposite or same sex on a basis that is genuinely domestic.[2] It is necessary to meet the requirement of a one year de facto relationship for the applicants who are applying for a partnership visa.[3] These criteria would be satisfied if it is demonstrated by the couple that they have for the past twelve months been in a de facto relationship prior to the application for the visa.[4] A person is in a de facto relationship if they are not married, have a commitment that is mutual of sharing a life which excludes other, are in a continuing and genuine relationship and are living together and do not live apart or separately on a basis that is permanent.[5] A common element of a relationship that is on-going is living together, couples sometimes may be required to live apart for many reasons. Provided there is temporary separation and the couple since the relationship had commenced had at some point lived together.[6] There can however be a waiver of this one year requirement if it can be proved that there was a compelling and compassionate reason that existed as to why the requirement is no longer necessary.[7] Therefore, an application can be made by Jason that he was living with Emma for six months and due to the death of his mother had to come back to Australia and now after her death was unable to leave Australia since he was the sole executor of the will and hence could not live with Emma. This could be considered as a compelling reason.[8] 2. The various type of visa options that are available with Emma by which she can sponsor for her parents to come live in Australia. There are:[9] Parent visa (subclass 103), Contributory Parent (Temporary) Visa (subclass 173), Contributory Parent Visa (subclass 143), Aged Parent Visa (subclass 804), and Contributory Aged Parent (Temporary) Visa (subclass 884) and Contributory Aged Parent Visa (subclass 864). The best option which is available with Emma from the various of options of visa sponsoring for her parents is the Aged Parent visa (subclass 804).[10] This visa allows the parents who are older to live in Australia with their child if such a child is a permanent resident, Australian citizen or a citizen eligible for New Zealand who is now settled in Australia.[11] However, it must be note that this visa requires a long waiting time which could extend to a period of up to 30 years before there is an approval of this visa. Since the demand for this visa is significant the place is quite limited.[12] The wait could be, as mentioned above, up to 30 years before there is a grant of such a visa. Emma could however, consider a Contributory Aged Parent Visa which takes less than two years time to be finalized.[13] The Contributory Aged Parent (Temporary) visa (subclass 884) provides for a visa pathway that is two-stage in which first an application is made for a temporary visa and then late r for visa that is permanent. The Contributory Aged Parent visa (subclass 864) is a visa that is permanent and lets the payment of the full cost with respect to the migration of Contributory Parent through only one visa application.[14] Though, there is a higher application charge which is applicable for the Contributory Parent Visa however, Emma would have a longer support assurance with a bond that is larger that would be required before the Contributory Aged Parent Visa (subclass 864) could be granted. There are also some community costs that are offset by these higher charges such as services for health and welfare.[15] These are the options of visa that would be most suited for Emma in the given situation, ideally Emma should opt for a Contributory Aged Parent Visa since the same would take much less time and she would be able to get her parents to shift to Australia sooner permanently.[16] 3. In case of Michelle who has been the only one who is left behind with her five year old son. The Remaining relatives visa (subclass 115) could be sponsored for her so that she could move to Australia with the rest of her family.[17] This visa is applicable to those people who do not have any close family tie anywhere outside Australia and who has a child, sister, brother or an equivalent step who is either a permanent resident of Australia, citizen of Australia or a New Zealand citizen eligible. It can however be complex to prove where the relative live or what contact is there with the other relatives that are there.[18] Thus, Michelle would be eligible for the visa if the application of the visa is outside Australia. Since the only near relative that she and her son have are settle already in Australia and since Emma is a Permanent Australian Resident and so are her and Michelles parents now, the criteria of having near relative who are in Australia and who are citizens of Australia permanent resident of Australia, citizen of Australia or a New Zealand citizen eligible is already satisfied.[19] Further, it would be required that either Jason, Emma, or her parents should sponsor her as it is required under this class of visa that one of the near relatives or the partner of such near relative should be sponsoring the visa.[20] Therefore conclusively it can be stated that this visa is the option by which Michelle and her son can come and start living in Australia. [21] References FAMILY LAW ACT 1975 (2016) Austlii.edu.au https://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/ Australia, Family,De Facto Relationships - Family Court Of Australia(2016) Familycourt.gov.au https://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/separation-and-divorce/defacto-relationships/ Fact Sheet - One-Year Relationship Requirement For De Facto Partners(2016) Border.gov.au https://www.border.gov.au/about/corporate/information/fact-sheets/35relationship Immigration, A Commitment To Australia (1988), Australian Govt. Pub. Service. Mansouri, Fethi and Michael Leach, "The Evolution Of The Temporary Protection Visa Regime In Australia" (2009) 47International Migration MIGRATION ACT 1958 (2016) Austlii.edu.au https://www.austlii.edu.au/au/legis/cth/consol_act/ma1958118/ Parent Category Visas(2016) Border.gov.au https://www.border.gov.au/Trav/Brin/Pare MIGRATION REGULATIONS 1994 - SCHEDULE 1Classes Of Visa (2016) Austlii.edu.au https://www.austlii.edu.au/au/legis/cth/consol_reg/mr1994227/sch1.html MIGRATION REGULATIONS 1994 - REG 2.21Agrant Of Bridging A (Class WA) Visas Without Application (2016) Austlii.edu.au https://www.austlii.edu.au/au/legis/cth/consol_reg/mr1994227/s2.21a.html Aged Parent Visa (Subclass 804)(2016) Border.gov.au https://www.border.gov.au/Trav/Visa-1/804- COBB-CLARK, DEBORAH A., "Do Selection Criteria Make A Difference?: Visa Category And The Labour Market Status Of Immigrants To Australia" (2000) 76Economic Record Remaining Relative Visa (Subclass 115)(2016) Border.gov.au https://www.border.gov.au/Trav/Visa-1/115- Wright, Chris F., "Why Do States Adopt Liberal Immigration Policies? The Policymaking Dynamics Of Skilled Visa Reform In Australia" (2014) 41Journal of Ethnic and Migration Studies MIGRATION REGULATIONS 1994 - REG 1.15Remaining Relative (2016) Austlii.edu.au https://www.austlii.edu.au/au/legis/cth/consol_reg/mr1994227/s1.15.html. MIGRATION REGULATIONS 1994 - REG 1.20Klimitation On Sponsorships--Remaining Relative Visas (2016) Austlii.edu.au https://www.austlii.edu.au/au/legis/cth/consol_reg/mr1994227/s1.20k.html Smith, Dominic, Entrybymigrants (2016) AustLII Communities https://austlii.community/foswiki/NTLawHbk/EntryByMigrants