Immigration Law Opposite Sex in Relationships

Question: Describe about the Immigration Law for Opposite Sex in Relationships. Answer: 1. A relationship which is de facto requires that the couple should have a relationship; this couple can either be in a relationship with the opposite sex or in a relationship with the same sex. It is required that such relationship should have genuine domestic basis to it.[1] A de facto relationship is one where the couple is not married however they have a commitment to share with each other, with exclusion from others, their lives, and are in a genuine and continuing relationship and either live together and do not live apart on a permanent basis. The requirement which is required to be met essentially is that the couple should have been in de facto relationship for a period of one year before applying for the partnership visa to Australia. If it is demonstrated by the couple that they have been in a de fact relationship for the past one year (twelve months) before they applied for the visa then this requirement will be fulfilled.[2] If the couple is living together then that element is common for a relationship that is de fact it may however sometimes be required that the couple for various reasons have to live apart. There may be a temporary separation between the couple provided however the couple had from the start of their relationship at some poin t lived together. However, a waiver can be made for the one year criteria if it is proved that compassionate and compelling reason exist for which this requirement is not a necessity anymore. Therefore Jason can make an application for the partnership visa of Emma on the grounds that he was living with Emma for a period of six months however, since his mother passed away there was a compelling and compassionate ground for him to return back to Australia and even after he death was unable to leave the country and go back to Emma since he was his mothers wills sole executor. However, both of them wanted to commit sharing their lives with each other. 2. Emma has various visa options which are available to her for sponsoring her parents so that they can come and live with her and Jason. These are Parent visa (subclass 103), Contributory Parent (Temporary) Visa (subclass 173), Contributory Parent Visa (subclass 143), Aged Parent Visa (subclass 804), Contributory Aged Parent (Temporary) Visa (subclass 884) and Contributory Aged Parent Visa (subclass 864)[3]. The visa in Emmas and her parents circumstance which would be best would be the Aged Parent Visa (sub class 804) for sponsoring the visa. It is allowed under this visa that the parents who meet the age requirement, that is who are old, can live in Australia of their child is a citizen of Australia, permanent resident of Australia or a citizen eligible for New Zealand who is currently settled in Australia.[4] However, the drawback with this visa is that there is a long time for waiting which even extend up to a period of 30 years before the visa may be approved. Also the place is quite limited as this visa has a significant demand.[5] Since the wait is long for this visa, extending up to a period of thirty years before such visa may be granted. A Contributory Aged Parent Visa may be considered by Emma. This visa will take less than two years to be approved.[6] There are two type of Contributory Age Parent Visa, one is the The Contributory Aged Parent (Temporary) visa (subclass 884) and the other is The Contributory Aged Parent visa (subclass 864) is a visa. Though a higher application fees is charged for this visa however a support assurance that is longer with a larger bond which is required prior to the Contributory Aged Parent Visa (subclass 864) could be granted.[7] There is also offsetting of some of the community costs due to these higher charges that are applicable; these include services of health and welfare. Conclusively it can be stated that there are various options which are available to Emma. However, it would be preferable if she opts for the Contributory Aged Parent Visa because this visa type would take time much less than the other visas and there is also an ability to relocate the parents permanently under this visa. 3. Emmas sister Michelles case s that she has been left behind in France with her son who is five years old. There is a possibility of sponsoring her through Remaining relatives visa (subclass 115) so that she is able to move to Australia where her rest of the family are living. This Remaining Relative Visa is applicable to those individuals who have no close family tie in any other place except Australian and who has either their own or step sister, child or brother who is living in Australia as either a citizen of the country, a permanent resident of the country, or he is an eligible citizen of New Zealand settled in Australia. The main issue that would arise is that it would not be easy to prove that there are no relatives or the type of contract which may be there with the other relatives who are there.[8] It can be stated by the application of the migration rules to the given facts that Michelle may be eligible of the Remaining Relative Visa. Since the only relatives that her son and she have are all in Australia. She can be sponsored by either Emma who is a spouse Jason resident or her partner who is a citizen of Australia since they fulfill the criteria of being a citizen of Australia or being the permanent resident of Australia. It can be stated under this conclusively that the Remaining Relative Visa is an option that Michelle and her son have for moving into Australia. Reference 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 Parent Category Visas(2016) Border.gov.au https://www.border.gov.au/Trav/Brin/Pare Aged Parent Visa (Subclass 804)(2016) Border.gov.au https://www.border.gov.au/Trav/Visa-1/804- 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 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 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 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.ml.