New Australian Spouse Immigration Policy

Spouses of Australian citizens and permanent residents

Parents of Australian citizens and permanent residents who have reached retirement age (male 65 years old, female 60 years old), and parents whose children are mostly in Australia.

Minor children 18 or less, unmarried children 2 1 or less.

(1)300- visa for unmarried couples. Valid for 9 months, Australia can transfer to a temporary spouse visa after marriage.

(2)309- Temporary Spouse Visa. The validity period is 2 years. If the marriage still exists after 2 years, you can transfer to 100/80 1 green card.

(3) 100- spouse green card. Married for more than 5 years or married for more than 2 years with children. Generally speaking, no financial guarantee is needed, but the visa officer has the right to ask for a guarantee. Other dependent children of the spouse can apply together. (biological parents must agree)

Child visa: (one parent is an Australian green card or citizen)

10 1- children's green card. Children must be unmarried and under the age of 25. If you are 18-25 years old, you must study full time.

Visa for the latter kind of relatives: (any sibling/parent has an Australian green card and has lived in Australia for more than 2 years)

1 15- 1 after the relative's green card. The applicant and his spouse have no siblings/parents/adult children in China. You can enjoy free medical care. Without benefits for 2 years, you can't apply for a pension for 10 years. Economic guarantee for 2 years.

Several types of Australian spouse immigrants

First, marriage and cohabitation

1. Introduction to the application of marriage and cohabitation category

There are many ways to immigrate, among which the application on the grounds of cohabitation marriage is a direct, simple and efficient method, and the application condition is the intimate relationship between the applicant and his guarantor (that is, cohabitation marriage relationship). This method seems simple, but the legal provisions and clauses are still complicated. Moreover, because it is a simple and direct shortcut, it is easy for some people to use this method to obtain permanent residence, so the immigration bureau is quite strict and cautious in approving such visas. So this application method is considered simple, in other words, it is quite difficult.

It is a key step to prepare an application with detailed materials, so as to convince the assessor that the relationship between the applicant and the guarantor is real and lasting. At the same time, it also requires a full understanding of the current policies and regulations, superb skills and rich experience in handling documents. 1996 16 February, a new two-year temporary residence visa was established. The two-year temporary residence visa applied by Australia is of the same nature. All applicants need to apply for both temporary and permanent residence visas. Unless their relationship has existed for a long time, applicants need to be evaluated by laws and regulations on temporary residence visas. Once the visa is approved, the applicant can come to Australia. Two years after the initial application, the applicant will be evaluated by the permanent residence visa regulations. This means that if the relationship breaks down, the holder of a temporary residence visa will not be able to obtain permanent residency (unless the reason for the break-up is an exception in the regulations).

2. When applying for a temporary residence visa, the applicant must meet the following conditions

Sponsored by Australian citizens, permanent residents and qualified New Zealand citizens, the guarantor is at least 18 years old.

Marrying the guarantor is a legal, true and lasting relationship, and I intend to continue this relationship after going to Australia.

I intend to marry the guarantor at the time of application, and I am married when the application is approved, and the two sides maintain a true and continuous relationship.

Live with the guarantor for one year or more, and maintain a true and continuous relationship.

Live with the guarantor or just live apart temporarily.

3. What are the restrictions on being a guarantor of a spouse's temporary residence permit?

In addition to the above conditions, the guarantor must also meet another condition, that is, there cannot be two successful spouse guarantees within five years. In addition, if the guarantor has successfully assumed a spouse before, he can't sponsor a new spouse for five years. If the guarantor obtained the permanent residency in Australia through marriage guarantee before, and then the marriage broke down and the guarantor found another spouse, the new regulations restrict such people from sponsoring their new spouse for five years.

Only when the application meets all the above requirements can the applicant obtain a temporary residence visa for two years. Applicants can work during the two-year temporary residence period. After two years from the date of submitting the application, the applicant can obtain a permanent residence visa if both parties still live together or meet the following conditions.

4. Basic requirements for an applicant to obtain a permanent residence visa.

Constantly guaranteed by the guarantor.

Hold a spouse's temporary residence permit.

Still maintain a true and continuous relationship with Dan, and applied for a temporary residence visa at least two years ago.

If the relationship with the guarantor has been terminated, but due to domestic violence, the death of the guarantor and other reasons, the applicant can still obtain a permanent residence visa.

5. Guarantor conditions

The guarantor must be a legally recognized guarantor. Usually you must be at least eighteen years old, and if necessary, you must provide financial guarantee.

6. Answers to some application questions about marriage and cohabitation.

What are the application methods?

There are two ways to apply for permanent residence on the grounds of spouse, one is to apply outside Australia (offshore) and the other is to apply within Australia (onshore).

If the applicant and the guarantor get married or live together outside Australia, and the applicant is not in Australia, then they can apply outside Australia. If the applicant is already in Australia and holds a temporary substantive visa, they can get married or live together in Australia and apply in Australia if they meet the relevant immigration regulations. Of course, in this case, the applicant can also choose to submit the application outside Australia. No matter which method the applicant chooses to submit the application, he must provide sufficient materials to prove the authenticity of the relationship with the guarantor and have obtained a temporary residence visa for his spouse for two years. Two years later, the relationship between the two parties remained unchanged, and under the continued guarantee of the guarantor, they obtained a permanent resident visa.

② Can I apply for permanent residence on the grounds of my spouse if my visa expires? What is the application procedure?

People with expired visas can also apply for such visas, but in general, applicants need to leave the country and apply outside Australia. However, if the applicant can meet the relevant conditions such as having a relationship with the guarantor for two years or more, or having a child with the same child, and there is no record of visa refusal in China, he can still submit the application directly in China.

(3) If the previous marriage relationship has not been dissolved, can I apply?

If the applicant or sponsor's previous marriage is not settled, but according to the immigration regulations, as long as they live together for one year or more, they can apply in the form of cohabiting spouses. This will not constitute bigamy.

(4) If the applicant and the guarantor do not live together when the application is filed, can the application be submitted in this case?

According to the relevant immigration regulations, one of the conditions that the applicant must meet is to live with the guarantor or only temporarily separate, which means that he can still apply if the separation is for practical reasons rather than the breakdown of the relationship.

⑤ Why is the authenticity of marriage/cohabitation relationship in doubt?

May doubt the authenticity of marriage or cohabitation, because:

The applicant and his guarantor meet and/or live together in a short time.

The documents submitted with the application proved to be contradictory. For example, the time and description of their meeting and acquaintance are different.

The immigration history of the applicant or his guarantor is doubtful. For example, the applicant once applied to immigrate to Australia or change his status, but was rejected.

The age gap between the applicant and the guarantor is too big.

There are great differences in cultural, psychological or socio-economic backgrounds between the applicant and the guarantor.

There is evidence that one of them obtained this relationship through money transactions.

Then people who arrange marriages according to tradition may only know each other in a very short time. If the limited mutual understanding between the applicant and his spouse is due to the nature of marriage, their friends and family members need to provide evidence to prove the authenticity of the marriage relationship, and at the same time, they need to provide some evidence about their marriage tradition.

The existing sexual relationship does not mean that it will be regarded as a real and lasting relationship. Even if both parties live together, once there is evidence that their relationship will not last, the application may still be rejected.

If your application involves the above problems, you should be especially careful when preparing your application and let professionals give you guidance.

⑥ How to prepare for the interview with the Immigration Bureau?

After the applicant submits the application, if the Immigration Bureau deems it necessary to further prove the authenticity of the relationship between the applicant and his guarantor, an interview will be arranged. Interviews are usually conducted separately. The problem involves the relationship, family and daily life of both parties. Even if the relationship is true, you may encounter many unexpected problems (such as what you did yesterday, what you did last week, what you did last month, and so on). ). Most applicants and their spouses feel nervous during the interview, and when the questions are unexpected, they often don't know how to answer them or answer them hastily and casually, which will not satisfy the immigration officials and will also affect the progress of the trial. Therefore, in dealing with the interview with the Immigration Bureau, we still need the guidance of professionals to prepare for the questions that may be raised in the interview, so that we can be confident and answer freely in the interview.