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How long can I stay in Australia with an Australian 309 visa?
Spouse visa is generally carried out in two stages:
I. Phase I: Temporary Spouse Visa (subclass 309)
Two. Phase II: Permanent Spouse Visa (subclass 100)
Usually, applicants can only get a temporary spouse visa first. You can only get a permanent visa after you get a temporary visa for two years. This is the so-called waiting period. When applying for a permanent visa, the applicant does not have to pay the application fee.
Under special circumstances, the applicant can directly obtain a permanent residence visa. Prerequisites:
★ The applicant has been married to the guarantor for more than 3 years, or in fact.
★ The applicant has been married to the guarantor for more than 2 years, or in fact, has a child.
★ The spouse of the applicant holds a protection visa or PR based on humanitarian procedures, and the relationship between the applicant and the spouse has been established before and has been declared to the Immigration Bureau.
No matter what kind of visa, the most important thing is to prove that the relationship between the two sides is true and continuous.
In Australian immigration law, cohabitation is an important criterion to prove the true and long-term relationship between husband and wife. When spouses do not live together, or have known each other for a short time, the application for a spouse visa may be subject to more rigorous examination to prove that their separation is temporary or necessary. And provide sufficient evidence to prove that the two sides maintained their relationship during the separation period.
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