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Question: Su Ling, an environmental science student from China came to Australia in 1999 on Visitor Visa (subclass 600) to attend a conference on climate change. At the conference, Su Ling met another delegate, Sunil Kumar, from India, and the two had a one-night affair after attending a function when both got highly inebriated. While Sunil subsequently returned to India after the conference, Su Ling decided she would stay on even though her visa only allowed her a fortnight’s stay. Su Ling soon discovered she was pregnant from her one-night stand with Sunil and subsequently gave birth to a baby boy, whom she named Sunny, in memory of his father Sunil. Su Ling and Sunny managed to remain undetected in the community and, under the Australian Citizenship Act, Sunny automatically acquired Australian citizenship on his 10th birthday in 2009. You have recently obtained registration as a migration agent. Su Ling comes to your office today and asks for your help in regularising her immigration status in Australia. She tells you she is now aged 42 but still unmarried and living with her son Sunny, who turned 18 last week, in an apartment in Richmond. Su Ling also tells you her son suffers from a congenital heart condition which restricts his employment opportunities and requires regular care and attention. They rely heavily on support from her brother Su Man, an Australian citizen working as a dentist in Sydney. Su Ling tells you she would prefer not to leave Australia, but if necessary, she is prepared to go back to China with Sunny for a while, whilst awaiting the outcome of any visa application. Advise Su Ling on TWO possible visa options for permanent residence and the necessary procedural matters for each option.
Answer(Note that this is not the complete answer but just a part of it): Even though Su Ling prefer not to leave Australia, but is ready to go back to China with her son Sunny if need be, my advice would be that she go back to her home country China while awaiting Visa processing.
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