Five kinds of immigrant visas and other information for Australian spouses

Australian spouse immigrant visa has priority in family reunion visa, and its status is second only to that of minor children immigrants. The object of this visa can be a legal marriage or a de facto marriage (cohabitation). At the end of the year, there were many policy reforms in the Australian Immigration Bureau, which not only tightened the 457 employer-sponsored work visa and opened the 10 tourist visa, but also announced that 462 holders could renew their visas in China, and the spouse visa application policy also changed. Australian spouse immigration, as its name implies, is to apply for a spouse immigration visa as an Australian citizen or permanent resident, including married or unmarried cohabitation, or as a fiance/wife.

This kind of immigrants * * * is divided into five categories:

*300 fiancee or fiance visa

*309 (Overseas Application) Spouse Temporary Residence Visa

* 100 (Overseas Application) Spouse Permanent Residence Visa

*820 (domestic application) temporary residence visa for spouse

*80 1 (domestic application) spouse permanent residence visa

Regarding marriage, the following concepts should be clarified:

Legal marriage (legal marriage)

De facto marriage (de facto relationship)

Anticipated marriage

Applicants applying for an Australian spouse immigrant visa must have a marriage relationship or cohabitation relationship with the guarantor.

If the application is based on cohabitation, the relationship must have been maintained for at least 12 months before the application.

To apply as a fiancee or fiance, the applicant must be engaged to the guarantor and plan to get married.

To apply for a dependency relationship, the applicant must be at least 18 years old and have a dependency relationship with the guarantor (including same-sex couples, but not limited to this).

Spouse visas for legal marriages and de facto marriages are usually handled in two stages:

The first stage: temporary spouse visa (overseas subclass 309/ domestic subclass 820).

The second stage: permanent spouse visa (overseas subclass 100/ domestic subclass 80 1).

Usually, the applicant will get a temporary spouse visa first. You can only apply for a permanent visa if you get a temporary visa for two years. When applying for a permanent visa, the applicant does not have to pay the application fee. After the amendment of the law, if the applicant can prove that the applicant has been married to the guarantor for more than several years, or that the applicant has been married to the guarantor for a long time and has children, he can apply for and directly obtain a permanent residence visa.

Expected marriage (fiance/wife visa)

This visa allows the applicant to come to Australia to marry his/her fiance/wife during the visa period. The visa is usually nine months. The applicant must really intend to marry the sponsor in Australia and be prepared to maintain a long-term marriage relationship with his spouse.

The holder of the fiance/wife visa enjoys the following rights:

* Come to Australia before marrying your fiance/wife in Australia.

* Multiple entry and exit during the visa period (nine months)

* You can work in Australia (you don't have to wait for the visa to be approved, you can work with a bridge visa).

* You can apply for a spouse visa after marriage.

* You can enjoy the Australian medical service Medicare.

In addition, the holder of the fiance/wife visa must:

* Come to Australia before marrying your fiance/wife in Australia. If the applicant marries his spouse before entering the country, the unmarried visa will be cancelled, that is, the applicant should apply for a spouse visa instead.

* You must enter the country within the time stipulated in the visa.

* Must get married within 9 months after the visa is approved. Weddings can be held at home or abroad, as long as the applicant has entered the country at least once before marriage.

Generally speaking, the materials required to prove the relationship between spouses include:

* * * Both parties shall bear financial responsibilities, obligations and expenses.

* Both parties * * * share the responsibilities and obligations of life.

* The stability and durability of the relationship.

For example, it usually takes 5-9 months to approve a spouse visa submitted in China, while it usually takes a shorter time to approve a spouse visa submitted in Australia. There are precedents for granting spouse visas within as short as three months, but there is no priority to speed up the approval of Australian visas.

Spouse visa guarantee time limit:

A guarantor can only guarantee or be guaranteed twice in his life. Moreover, if the original guarantor is divorced or separated again, there must be a waiting period of five years before submitting a new spouse sponsorship application. If anyone comes to Australia with a spouse visa, it will take five years after the previous spouse visa was passed before submitting a new spouse sponsorship application. In other words, both the original guarantor and the successful applicant have a waiting period of five years before they can guarantee the next new spouse.

A new definition of spouse visa guarantee commitment;

Spouse visa does not need financial guarantee; But more importantly, the guarantor who applies for a spouse visa must be able to honor his guarantee promise. As a qualified spouse visa guarantor, the guarantor must be able to prove that he has the financial ability to support his spouse to live in Australia. Prove that the guarantor has the financial ability to support his spouse.

Required certificates:

* Have a stable job and income in Australia (as evidenced by employment certificate and tax refund form);

* or own or lease a house to provide accommodation for the spouse;

* If the guarantor has retired, he needs to prove that he has enough pension and suitable residence to support his spouse, or has enough savings to support his spouse;

The Immigration Bureau will check whether the spouse relationship is true in the following ways:

The Australian Immigration Bureau is very strict in approving and controlling spouse applications. Most overseas applications will be investigated by telephone. Applications submitted in Australia will also be visited by immigration officers to determine whether the applicant and spouse are in a real relationship. Therefore, the applicant should ensure that the address is updated in time. Many students think that the application is relatively simple, but even the real spouse may be rejected because of insufficient materials preparation and lack of experience. Therefore, when preparing materials, you need to be careful and comprehensive, and be prepared for telephone surveys and unannounced visits.

New changes in spouse visa application policy

2016165438+1October 18 The guarantor who applies for a spouse visa and a future marriage visa needs to provide a criminal review issued by the Australian or foreign police when required by the Immigration Bureau; And allow that immigration department to disclose their crimes to visa applicant.

What is an associated crime?

According to the Immigration Act, the relevant crimes are crimes against the laws of the Commonwealth, countries, territories or foreign countries, involving any of the following matters:

(a) Violence against others, including but not limited to murder, assault, sexual assault and threats of violence;

(b) Harassment, harassment, intimidation or pestering by a person;

(c) Violation of a violent arrest warrant or similar order issued under national, territorial or foreign laws;

(d) Firearms or other dangerous weapons;

Human smuggling;

(f) Human trafficking, slavery or slavery-like practices (including forced marriage), kidnapping or illegal imprisonment;

(g) attempts to commit an offence involving any of the above or the following;

(h) Aiding, abetting, counselling or procuring an offence involving any of the above matters.

What about visa applications submitted before 20 1 165438?

These changes will not affect visa applications submitted before 201611810, even if the applicant submits the guarantee form after 201610. These changes only apply to visa applications submitted on or after 20161018.

Will these changes affect applicants with 80 1 or 100 visas who already hold 820 or 309 visas?

No. Applicants who already hold a 309 or 820 visa and are waiting for a decision on a 100 or 80 1 visa will not be affected. This is because they submitted their visa application before 20161018.

What will happen if the guarantor does not provide the criminal examination issued by the police station within a reasonable time?

Visa applications may be rejected.

What happens if the guarantor does not agree to the Immigration Department's disclosure of his conviction for related crimes?

Visa must be refused.

If the guarantor is convicted of related crimes and major criminal records, he will be refused a visa unless he is considered to have reasonable reasons. When considering whether there are reasonable reasons, all the circumstances of the case will be considered, including but not limited to:

:: The term of imprisonment of the guarantor;

* The best interests of the children of the guarantor or principal visa applicant; and

* The duration of the conjugal or de facto conjugal relationship between the guarantor and the main visa applicant.

What is a major criminal record?

The guarantor has a major criminal record of related crimes and was sentenced to:

:: Death;

:: Life imprisonment;

*/kloc-imprisonment for 0/2 months or more;

*2 or more prison terms, of which the total prison term is 12 months or more.

Note: If a visa is refused due to policy changes, the visa application fee will not be refunded.

As we all know, the materials required for a spouse's immigration visa are complicated, and it is impossible to prove the authenticity of the relationship with specific figures. According to the news released by MIA Australian Immigration Organization, the refusal rate of Australian spouse immigrant visa has increased in recent years, and the approval time of each case has become longer and longer.

In this regard, Robyn Oyeniyi, a famous human rights scientist and writer, said that some spouse visa applicants who did not have professional guidance or help chose to submit their own visas, but the visa materials and evidence they prepared obviously could not meet the needs of immigration officials, so they were refused visas. This also explains why the success rate of seeking professional guidance to help them appeal when refusing visas is very high.