Assume, instead, Melissa has not been unlawful and is successfully granted an onshore visa. Melissa lives...

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Assume, instead, Melissa has not been unlawful and is successfully granted an onshore visa. Melissa lives with Malcolm on their dairy farm in rural Victoria. They run the farm with the help of a farm manager and a number of local farmhands and produce milk and other dairy products for export to Europe. Melissa's husband Malcolm, was a fanatic with regards to following health crazes and was constantly seeking the "perfect diet". In a recent business trip to the Philippines, Malcolm consulted a 'witch doctor' in central Mindanao who told him he must go on a "water only" diet. Malcolm took this "advice" quite seriously and strictly didn't eat or drink anything except water. Malcolm became malnourished and refused to receive any medical treatment. Sadly, he passed away as a result of this. Still grieving, Melissa came to see you again, because the farm manager's wife had remarked to her at Malcolm's funeral that with her husband now deceased and no children in Australia, she might have lost her claim to permanent residence. As a result, Melissa was very worried. Q1(b) Can Melissa still progress to permanent residence now that her Australian citizen husband is deceased? If so, what visa would she be eligible for? Assume, instead, Melissa has not been unlawful and is successfully granted an onshore visa. Melissa lives with Malcolm on their dairy farm in rural Victoria. They run the farm with the help of a farm manager and a number of local farmhands and produce milk and other dairy products for export to Europe. Melissa's husband Malcolm, was a fanatic with regards to following health crazes and was constantly seeking the "perfect diet". In a recent business trip to the Philippines, Malcolm consulted a 'witch doctor' in central Mindanao who told him he must go on a "water only" diet. Malcolm took this "advice" quite seriously and strictly didn't eat or drink anything except water. Malcolm became malnourished and refused to receive any medical treatment. Sadly, he passed away as a result of this. Still grieving, Melissa came to see you again, because the farm manager's wife had remarked to her at Malcolm's funeral that with her husband now deceased and no children in Australia, she might have lost her claim to permanent residence. As a result, Melissa was very worried. Q1(b) Can Melissa still progress to permanent residence now that her Australian citizen husband is deceased? If so, what visa would she be eligible for?

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In the scenario where Melissas husband Malcolm has passed away and she is still grieving the questio... View the full answer