You are a registered migration agent. A former client of yours, Michelle Silvana, a 23 year old French citizen, books an appointment with you. To prepare for the meeting you review her file.  You previously assisted Michelle when she was facing a difficult time, as her relationship had broken down and she had suffered family violence during her visit to Australia with her ex-boyfriend, Michael. Michelle, at that time, had travelled to Australia on a six-month Visitor Class FA (subclass 600) visa with Michael, who was also a French citizen and 10 years her senior. Michelle met Michael in Nice while she was completing one of her undergraduate subjects in the Bachelor of Science degree she was undertaking at Nice University. Michael was an engineer and came to present a special lecture during one of her subjects. She was halfway through completing this course when she arrived in Australia with Michael.

You were able to assist Michelle in obtaining a Medical Treatment Class UB (subclass 602) visa based on the injuries she suffered at the hands of Michael. The Medical Treatment Class UB (subclass 602) visa was granted for six months and has one month left until it expires. It does not have condition 8503 attached to it.  You did not see her after this until now.

Michelle attends your office and informs you that she is pregnant. You congratulate her; however, she breaks down and cries. She tells you that after she was granted the Medical Treatment visa, she met Pierre, a permanent resident living in Australia. He was from the same town she is from in France. They fell madly in love. Once she became pregnant, Pierre asked her to marry him, to which she said yes, and they lodged a Partner Class UK/BS (subclass 820/801) visa last month. However, since she lodged the visa, he has been very controlling and emotionally abusive towards her, threatening to deport her if she does not do everything he says. She still wants to make it work with Pierre and she is still with him but she wants to know what are her options if she were to leave him.

Michelle tells you that she does not want to return to France as she is embarrassed by what has happened.

As this is an unusual case, you advise Michelle you will look into it and ask that she makes an appointment to see you in the office next week.

What advice would you provide Michelle as to her options? You are required to provide practical advice including what evidence is required and the visa requireme

support your answer by reference to the specific legislative provisions.

Answer rating: 100% (QA)

In this complex situation its crucial to provide Michelle with guidance and information on her available options Heres what you can advise her 1 Explo... View the full answer