LML6004: Australia's Visa System 2 - Peter Black Case Study - Law Assignment Help

Assignment Task:

SCENARIO 

Peter Black, from Norway, arrived in Australia in 2018 on a student visa to complete a Certificate III in Cookery. The course was 18 months and he completed this in mid- 2019. 

During his studies, he met Stella, a permanent resident who arrived in Australia on a Student visa to study accounting and was eventually granted permanent residency. Stella was a bit older than Peter, but the age difference did not stop them from falling in love and getting married. 

They have recently lodged an onshore Partner visa application but given the Covid- 19 pandemic, their relationship is strained and although they still love each other, a point that Stella keeps bringing up with Peter, she thinks Peter only married her for a visa. Peter is horrified at what she is saying and comes to see you for advice as to whether there is a visa pathway he can apply for by himself to demonstrate to Stella it was never for this. 

Peter does not want to go through the trouble of seeking State Sponsorship as he is concerned if he received this, it would cause another issue limiting him from being with Stella as they are currently living in Buckley, Postcode 3240, and is close to her parents. As Stella tells him all the time, there is “Buckley’s chance she would ever move from there” as they recently bought their dream house and she wants to remain close to her parents and bring up her children there. Peter contacts his uncle Mack. Mack, who encouraged him to come to Australia initially, lives close by in Moriac, Postcode 3240, with his own family. Mack is an Australian citizen and has lived in Moriac for the past ten years. Peter always confides in his uncle Mack and tells him what happened. Mac lets him know he will support him in any way he can and understands why he is looking into this. 

Peter had a consultation with you today via Zoom and asks you whether there are any visa pathways for him to obtain permanent residence in Australia other than his current pending Partner visa application. On your advice, he will then consider his options. You look at his passport and note he has just turned 23 and half years of age and holds a Bridging A Visa which is associated to his Partner visa application. They lodged the Partner visa application 1 year ago and understand that processing times are lengthy. 

Peter currently works as a cook at a local restaurant and has been doing so for 1 year. Unfortunately, his employer has made it clear they cannot sponsor him during this time. Peter has asked many employers around the area and always gets the same response. Peter reiterates he will not move away from his local area and does not want to consider any employer sponsored visas. Peter sat for the IELTS test for which he obtained a score of 7.5 in all three components of the test except for writing but he puts that down to having a sprained wrist, so he only achieved 7. He is confident he could score much higher if required. 

Which skilled visa, if any, would you recommend Peter apply for and why? 

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