QUESTION 1: James Morris is a 28 year old citizen of the United Kingdom living in Australia. On 20 January 2015 he lodged a valid application for a Partner (Temporary) (Class UK) subclass 820 visa...

QUESTION 1:

James Morris is a 28 year old citizen of the United Kingdom living in Australia. On 20 January 2015 he lodged a valid application for a Partner (Temporary) (Class UK) subclass 820 visa while holding a Student (Temporary) (Class TU) Subclass 573 visa. The subclass 573 visa was James’ first student visa, was applied for on 15 January 2012 and was valid until 15 March 2016. The subclass 820 Partner visa was granted on 20 March 2016 on the basis of his de facto relationship with Susan Peak, an Australian citizen.

James has called you to say that the relationship with Susan has broken down and Susan has informed the Department of Immigration and Border Protection (DIBP) of the change of circumstances. James has now received a letter from DIBP asking for him to comment on the information and advising him that his application for the Partner (Residence) (Class BS) subclass 801 visa may be refused.

James has also told you that he has been working as a geotechnical engineer in Melbourne since having completed his four year degree from the University of Melbourne on 15 November 2015. He thinks that the employer might be happy to sponsor him. The company has informed James that they hold a valid Standard Business Sponsorship.

Answer the following questions:

A. As James has studied full time for 4 years in Australia, can he lodge a valid application for a Skilled (Provisional) (Class VC) Subclass 485 visa? Will he meet the criteria for the grant of the subclass 485 visa? Explain your answers. (300 words, 6 marks)

B. Can James lodge a valid application for a Temporary Business Entry (Class UC) subclass 457 visa? If so, outline what criteria he will need to satisfy for the visa to be granted. (300 words, 6 marks)

C. If the DIBP refuses James’ application for the Partner (Residence) (Class BS) subclass 801 visa before lodging an application for another visa, what will be James’ visa status in Australia? (150 words, 3 marks)