Write a letter of advice that addresses validity criteria
SCENARIO
With your help, Sam Andrews was granted a Class BS subclass 801 Partner Visa. He is delighted to now be an Australian permanent resident.
Sam’s daughter, Beatrix Mahoney, has come to Australia to visit her father three times in the last couple of years. Fortunately Beatrix’s mother, Katie Mahoney, has completely recovered from her period of depression and Beatrix continues to live with her mother in Ireland.
Yesterday you received this email from Sam:
Dear Agent
Beatrix and her mother Katie have been enjoying their holiday in Brisbane.
Adam, Katie and I have been talking at length about Bea’s future and wish we could spend more time living together in Australia.
Beatrix wants to stay here and live in Brisbane with me. So we (that is Adam, Katie and I) thought now would be a good time to apply for a permanent visa for Beatrix. If Adam or I sponsor Beatrix for a Child Visa, could we include Katie in the application?
So can you help with the next move? We are keen for Beatrix to enrol at the local high school straight away. She has already looked at the QUT prospectus for 2016.
Sam
You speak to Sam over the phone and are able to establish the following facts:
• Beatrix will turn 18 on 20 April 2015. She is still in high school.
• Katie is 41 years old, single and is permanently employed as an engineer by a large construction firm in Dublin.
• Katie and Beatrix both hold Visitor (Class TV)(Subclass 651) eVisitor visas that will expire in two months’ time. The conditions imposed on their visas are 8115, 8201, 8527 and 8528.
QUESTION 1
Answer the following question:
• If Beatrix were the main applicant in a Child visa application, could Katie Mahoney be included in the application? Explain. 250 words.
Sam and Katie came into your office and signed a Client Service Agreement with your firm in which you agreed to provide ongoing migration advice and assist in preparing a permanent residence visa for Beatrix. Katie tells you it was kind of Sam and Adam to offer to help her migrate to Australia but she wants to go back to Ireland.
Write a letter of advice that addresses the validity criteria for a Child Visa in Australia. 750 words.
Your answer must address whether or not Beatrix’s current visa status or visa conditions prevent her from making a valid visa application for a Child Visa in Australia.
You are not required to address issues relating to dependency or any of the eligibility criteria for the grant of the visa. You may assume that Beatrix is Sam’s dependent child and that he has full custody of his daughter.
