Immigration Law Immigrant and Minority Health

Question: Discuss about the Immigration Law for Immigrant and Minority Health. Answer: Dear Melissa, I have received your concern and I have analyzed your case in the light of Australian Immigration Law. Considering that you are presently studying in Australia with Student visa subclass 573, you shall be completing your bachelor degree in the year 2017, and now you want to stay in Australia permanently it shall be advisable for you to change your status from student as a permanent resident of Australia. Reviewing the facts of your case, I have also obtained knowledge that your mother has been granted a partner visa under subclass 801 and she has been married to an Australian citizen for the past 3 years. Hence, it shall be advisable for you to apply for permanent visa in Australia based on the sponsorship from her mother. In this letter, I shall explain to you the requirements needed to file a valid and successful visa and the documents needed to prove her dependency. Requirements to Lodge a successful and valid visa application: Child Visa (Subclass 802) enables a qualified parent to support their child to exist in Australia for an indefinite period. If the child is less than 18 years, then the parent can apply on the behalf of their children. A qualified parent is an Australian inhabitant or an owner of an Australian permanent visa and a qualified citizen from New Zealand[1]. It is significant for the child to be in Australia at the time when the permanent visa application is made. Children who are born in Australia automatically receive Australian citizenship if any of their parents is already a citizen of Australia. Children who are born outside Australia must either pertain for an undeviating visa to stay in Australia or apply for Australian citizenship[2]. A child becomes eligible for permanent visa if they are below the age of 18 years or if they are single, that is, not married or engaged or de facto relationship. In certain situations, a person who is above the age of 18 years shall also be regarded as child, but in special circumstances. A person can sponsor a child if the person is a citizen of Australia or is an Australian eternal resident or holder of a permanent visa[3]. When a child is in Australia with student visa and their parents hold permanent visa, then they may live in Australia as a permanent resident. However, for staying in Australia a child must be within Australia when applying for the visa and sponsored by their parents or parents partner[4]. In your case, your mother shall become the sponsor and help you in applying the visa. If the child is above the age of 18 years and is single then he or she should be a full time student between 18 and 25 years of age and reliant economically on their supporting agents. Documents required proving dependency: In your case, your mother who is the sponsor should complete the sponsorship form. The form 40 CH is available in the internet in the website of the department. As a sponsor, one should include the following in the sponsorship form: Proof of their association with the child Proof that they are a citizen of Australia or a permanent resident of New Zealand If they are sponsoring an orphan relative, then they should give evidence that the sponsor is settled in Australia[6] Additionally, your mother has to prove dependency for a period of more than 12 months; hence, you may have to submit documents to prove your dependency such as bank statements, transfers, rent statements and school fees. The documents submitted should contain sufficient details to prove dependency between you and your mother. Issues with dependency: However, you may face issues pertaining to your time span of your education that is 12 months. Ideally, it should be not more than 6 months but in your case, the time period is 12 months. The DIBP in exceptional circumstances extends this period so that the people continue to reside in Australia and apply for a visa. However, you need to provide for a sufficient justification to this and you will have to inform the Department that you wish to extend your education in Australia for another 6 months. Your sponsor has to complete the form along with the child application. The sponsor has to sign the form and submit it to the Department of Immigration and Border Protection. After the application is made, you may have to wait for some time until the visa is approved. The charge of visa application is made at the time when the application is submitted online. The charge is generally not refundable however; if the application is rejected then the charge may be refundable. The fees may be subject to adjustment at any time and visa application is subject to adjustment on 1 July each year[7]. Since you are going to apply for child visa in the month of July, you may be subject to adjustment. With this, I would like to end my letter, I hope that my advice will be of importance to you and it shall help you in obtaining the Child Visa under subclass 801. In case any further clarification is needed you may email me at migration.agent@australian.com. Yours sincerely, Migration Agent References: Hollifield, James, Philip Martin, and Pia Orrenius.Controlling immigration: A global perspective. Stanford University Press, 2014. Korostil, Igor A., et al. "Near elimination of genital warts in Australia predicted with extension of human papillomavirus vaccination to males."Sexually transmitted diseases40.11 (2013): 833-835. Martinez, Omar, et al. "Evaluating the impact of immigration policies on health status among undocumented immigrants: a systematic review."Journal of Immigrant and Minority Health17.3 (2015): 947-970. Nethery, Amy, Brynna Rafferty-Brown, and Savitri Taylor. "Exporting detention: Australia-funded immigration detention in Indonesia."Journal of Refugee Studies26.1 (2013): 88-109. Newman, Louise, Nicholas Proctor, and Michael Dudley. "Seeking asylum in Australia: immigration detention, human rights and mental health care."Australasian Psychiatry21.4 (2013): 315-320. Newman, Louise. "Seeking asylumtrauma, mental health, and human rights: An Australian perspective."Journal of Trauma Dissociation14.2 (2013): 213-223. Volpp, Leti. "Imaginings of space in immigration law."Law, Culture and the Humanities(2012): 1743872111435963.