This is to inform you that under the migration agent code of conduct as established by the Schedule 2 of the Migration Regulations 1994 it is my duty to provide you with the most relevant advice on the prospects of you making a successful visa application as per s319 of the Migration Act.
It has been provided to me that both of you want to get married within one year. The visa application of MR. HENRY LI had been cancelled with respect to a student visa.
Sandra who been in a previous relationship had sponsored ex-husband for a period of 3 years. According to Migration Act a person has to wait for 5 years before he can provide sponsorship to another person in relation to a Partner Visa.
However the above specified requirement may be waived under the Migration Act if it can be shown that compelling situation have occurred for the visa applicants which should lead to the waiver of the requirement.
Generally a person is not allowed to apply for a further Visa on shore in case a visa application has been refused since the person have last entered Australia what the person holds of bridging visa other than a substance abuser as provided by section 48 of the Migration Act.
However if a person is applying for a partner visa then the bar under section 48 can be exempted.
Therefore there are significant chances that you can apply for a partner visa while staying in Australia and holding a bridging visa even when you are holding a bridging Visa and your student visa application has been cancelled.
Under the code of conduct it is my duty to provide you with a fair quotation of price for making a visa application. It is advised you that you include your partner in the visa application as $6,685 are charged for making a partner visa application and only $1,800 for adding a partner to such application.
In the given situation if a way waiver is provided you would be able to attain a Bridging C visa through which you would be entitled to make an application for partner visa while staying in Australia.
The hospitalization of Sandra and her dependence on MR. HENRY LI can be claimed as a significant compelling circumstances under which the 5 years sponsorship period may be waived by the Minister. Any medical certificate which may be required for making the application can be obtained from any doctor practicing in Australia as per the convenient of the clients. In case Sandra is not able to attend the 5 years waiting period then she may leave Australia by applying for a Bridging B Visa and make an application from outside Australia for a partner. Although some provisions are against your visa application if the application is made in a proper way you may be able to attain the visa
Migration Act 1958 (Cth)
Migration Regulations 1994 (Cth)
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