Aysel’s Enquiry about Marriage and Permanent Residence in Australia
The Student guardian (subclass 590) may not allow Aysel to get married to Dennis because its provisions are all about the guardian and who qualifies to be the student guardian. Some of the details about this visa are as discussed below. Student Guardian (subclass 590) visas allow an individual to come to Australia to provide care and support to provide support to a student who is a holder to student visa and is under 18 years of age. It also allow such persons to provide care and support to a student who is 18 years of age or above and requires care and support due to unique circumstances.
This visa does not allow the holder to work in Australia, but it allows one to care for more than one student. However, there can be only one Student Guardian (590) visa holder for every child. On the other hand, the student guardian applicant must have more than 21 years of age, and should be the parent or legal guardian for the student being nominated.
Additionally, Student Guardian visa can allow its holder to stay in Australia for a period same as that of the student visa holder or until when the child turns 18 years of age. Some of the mandatory conditions of the student guardian visa are that Aysel:
- Must not work in Australia
- Can only be allowed to perform some work in Australia if her origin country has a relationship with Australia.
- Must not undertake any formal course that can take more than three months.
- Must maintain enough health insurance in Australia
- Must maintain the criteria as an original 590 visa applicant.
- Is allowed to apply for a protection visa or for another student visa while in Australia and to offer the student with accommodation, general welfare, and support.
- Must not leave Australia without nominating the student, unless there is immigration advice on the following issues:
- There are compelling reasons for that to happen,
- If the student being nominated is under 18, the alternative arrangement has been approved by the nominating education student provider.
Some of the requirements for this visa include are such that: First, one has to be a parent or a person who has custody of the student. Other than that, the law also allows a relative who has 21 years of age and above who has been nominated to in writing by the parent or a person who has the custody of the student. Second, the holder should not bring a child with less than six years except under certain situations. Lastly, the applicant must be able to provide accommodation and other support to the student unless the government of the home country is helping with the application.
Orphan Relative Visa (subclass 837).
For Hassan to be able to sponsor Malek as his niece after the death of her mother, he will have to apply for an Orphan Relative visa (subclass 837). Orphan Relative visa (subclass 837) is used to help a child, who has lost his or her parents through death, permanent incapacitation or unknown whereabouts. It enables a guardian to acquire permanent residency for such a child. The requirements for this visa are that the child must:
- Be in Australia when applying for the visa
- Be younger than 18 years.
- Sponsored by aunt, brother, grandparent, uncle or even step-equivalent of the child who is an Australian permanent resident, a qualified New Zealand citizen or an Australian citizen.
- Not married or in de-facto relationship.
- Be orphan or parents are not able to take care.
- Have good moral conduct and meet health requirements.
Some of the privileges of the Orphan Relative visa (837) are that: First, it enables a child to permanently stay in Australia. Second, it allows an orphan to work and get enrolled in studies. Third, it allows enrollment in Medicare, which is an Australian scheme for health-related care and expenses. Fourth, it enables one to apply for citizenship if he or she meets certain prerequisites. Fifth, it allows the applicant to move into and out of Australia for five years starting on the day the visa was awarded. Lastly, it allows one to sponsor his or her relatives for permanent residency.
Student Guardian Visa (Subclass 590) Requirements
On the other hand, if the Orphan Relative visa (837) is granted, the sponsor must provide support for the child. Such support may include accommodation and financial assistance required to satisfy the practical needs of the child during the 2 years after the visa has been granted. Other than that, the child as an applicant must lodge a complete application that includes all the forms, application charges, and the supporting documentation.
The application process involves filing the application forms and lodging the application. When applying for the visa, the applicant will need to cater for other expenses for example, health assessment expenses, certificates from the police or other tests or certificates. The applicant is liable for making the needed arrangements.
Orphan Relative Visa (117).
If Hassan may fail to succeed in applying for Orphan Relative visa (837), the other alternative will be for him to use Malek to apply for Orphan Relative visa (117). He can do this by letting Malek to stay out of Australia for him to apply for Orphan Relative visa (117). Furthermore, an Orphan Relative visa (subclass 117) allows any family member who also possesses the same visa to transfer and live in Australia forever, study and work in Australia, qualify for Medicare benefits, apply for Australian citizenship, and become a promoter to an eligible relatives for permanent residence. Also it allows the holder to move from and to Australia for five years from when the visa was settled. The conditions for this visa must be that the child:
- Apply for visa from outside Australia
- Must be below 18 years of age
- Get sponsored by a relative who may be his or her brother, grandparent, uncle, step-equivalent or aunt of the child. The guardian must have more than 18 years, an Australian permanent resident, be an Australian citizen or a qualified citizen from New Zealand.
- Must be unmarried or in a genuine relationship.
- Meet character and health conditions, and
- Be in the state where their biological parents are not in a position to take care of them.
Moreover, for such a child to be in a position to qualify for Orphan Relative visa (117), the parent must have died, unable to provide care for the child or are missing and cannot be found. On the other hand, a child may not be legible to apply if their parents refused to care for the child but are capable to provide care. However, if the parents are nowhere to be found, the applicant must show how long they have been missing and what has been done in trying to allocate them. Other than that, the application must be in the interest of the child.
Besides, the law also requires the pledge of support. The declaration of support may be required for the child because some of the welfare expenses of certain migrants are not accepted by the Australian people. Further, the child also must satisfy the health standards required. The guardian is not required to make any health examination until requested. The same is applicable to any family member listed in the application, even if they are permanent, citizens, migrants or not.
Moreover, if the child is has more than 16 years of age, he or she must satisfy the required characters that may include: Firstly, they must be in a position to provide the certificate from the police from every country they have been living in for the last one year or even during the past ten years after they had turned sixteen years of age. It is not allowed to organize for police certificates unless it is demanded. This condition applies to the child and to any other member of his or her family included in the application, even if they are migrants or not. On the other hand, they must not have any outstanding debts the government of Australia or have planned to repay any unpaid debts they owed to the government.
Additionally, the applicant might be allowed to include his or her child in the visa application. Every child that has been involved in the visa application needs to meet the necessities, including family members. The applicant needs to have documentary evidence to the authority. The children included as members have to demonstrate that they have met health and character conditions. It required that the child must lodge their own application.
Moreover, the child has to satisfy all the Australian regulations and all the visa rules. These regulations may include entering in Australia by the set date, not being involved in marriage or into a genuine relationship before arriving in Australia. The applicant must say in writing how the circumstance change may shake the child’s aptness for visa, or the entitlement of the applicant to sponsor the child. On the other hand, a sponsor is a person who makes the required papers and lodges for the application. A child may be sponsored for the visa by an applicant if the child’s relatives and the parents pass away, forever undermined or cannot be found. The sponsor can have more than one child on the same form of application.
A person who qualifies to be a sponsor for this visa if he is the child’s relative and the parents of the child are not alive, cannot be allocated or permanently incapacitated must complete visa application forms. The sponsor must:
- Bethe sister, grandparent, brother, step-equivalent, or uncle of the child.
- Have 18 and above years of age
- Has been living in Australia for a sensible period
- Be an Australian permanent resident, a citizen or a qualified citizen of New Zealand
For parental responsibilities, the visa can be awarded only if the sponsor can show any the following for a child who is under 18 years old:
- The laws of the home country of the kid allow removal of the child
- The sponsor has the written approval of every person who can lawfully decide where the child resides.
- It is dependable with any Australian child order.
Additionally, as a sponsor relative you must show that:
- You are responsible for the expenses to the government of Australia for the child who is living in Australia.
- You are capable of providing accommodation and adequate financial assistance to meet the reasonable living needs of the child for the first years of the child’s stay in Australia.
- You are capable of helping the child to settle in Australia.
- You are capable of supporting the child to attend any needed English language classes.Additionally, the sponsor must say in writing if the child’s situations change in a way that could upset their suitability for acquiring visa, or your eligibility to sponsor the child.
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International Business, Times. 0009. “Australia Alters Student Visa Program.” International Business Times, 9. Regional Business News.
Mackey, Emma. 2011. “Overlook sponsorship compliance at your peril!.” Keeping Good Companies (14447614) 63, no. 10: 619-622. Business Source Complete, EBSCOhost (accessed September 4, 2017).
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