Job Recruitment Website - Immigration policy - Is it easy to sign an Australian 309 visa if you have children?
Is it easy to sign an Australian 309 visa if you have children?
Visa 309 (Australian spouse visa), who has been married and registered with an Australian citizen, a permanent resident or a New Zealand citizen, or has lived together for more than 12 months, can apply for a temporary spouse visa outside Australia when submitting the visa.
Two years from the date of applying for a visa, and the relationship between the two parties still exists, you do not need to apply again, and you can directly obtain a permanent residence visa for spouse reunion of 100.
After the applicant has registered marriage with an Australian citizen or permanent resident, he can be nominated by the latter. The former must submit an application for a spouse immigrant visa in a country outside Australia.
There are two steps in this visa category: when submitting the 309 temporary spouse visa application, submit the 100 permanent spouse visa application. Applicants will first obtain a 309 temporary residence visa for two years. During these two years, the Immigration Bureau will assess whether the spouses are living in a real and lasting intimate relationship. Subsequently, if you keep the relationship, you can get a permanent spouse visa of 100.
Prerequisites:
The applicant is overseas, and the spouse of the applicant is an Australian citizen, a permanent resident or a New Zealand citizen.
Application conditions:
1. Both husband and wife are over 18.
2. There is a real marriage relationship between husband and wife, and this relationship is still maintained during the application period.
3. Both parties have legal marriage or de facto marriage:
(1) Prerequisite for legal marriage certification: both parties must be registered couples recognized by the Australian authorities.
(2) Prerequisite for proof of de facto marriage: both parties have lived together 12 months or more before application. If this point is not met, it is also considered that 1 in the following three items is met:
First, I already have two children.
B, before the Australian spouse obtained the humanitarian visa, you had a de facto marriage relationship.
C. registered cohabitation in Australia. (Not applicable to all states or regions, only applicable to Victoria, Tasmania and New South Wales)
The applicant must meet the requirements of health and conduct.
Guarantor conditions:
1. The guarantor must be an Australian citizen, a permanent resident or a qualified New Zealand citizen, and at least 18 years old.
2. Married before applying for a visa, or there is a de facto relationship between husband and wife.
3, the applicant has one of the following circumstances, lose the qualification of guarantee:
(1) has sponsored two other spouses to immigrate to Australia (including cancelled sponsorship).
(2) Sponsored other spouses in the past five years.
(3) I have been guaranteed to apply for a spouse visa as a spouse in the past five years.
4. Have the right to protect your spouse in case of emergency, such as:
(1) The former spouse has died or abandoned the relationship, leaving young children/children.
(2) the relationship with the current spouse is long-term (for example, five years or more)
(3) Have dependent children with the current spouse (non-exhaustive list)
Matters needing attention in Australia 309 spouse visa application
1. If one spouse, including cohabiting partner, de facto partner and same-sex partner, is an Australian citizen, permanent resident or qualified New Zealander, the other spouse can apply for a 309 visa to reunite in Australia.
If you are not married, you should live together as a cohabiting partner for one year, and there is sufficient evidence to prove that it is better for you to live together again. If you are married, you can apply directly.
It should be noted that the 309 visa focuses on the authenticity and stability of the relationship between husband and wife. Therefore, whether married or living together, it is extremely important for both parties to prove that they will live together again, including photos, weddings, gifts, utilities, birth of children and so on.
3, 309 visa preparation materials, in addition to identity information, the core is the relationship certificate, including the husband-wife relationship certificate, the husband-wife relationship development statement, and the witness statement of relatives and friends on the relationship. Please do not copy the template, the template will not pass.
Under normal circumstances, the Reunion 309 visa issued by an Australian spouse is a temporary visa, which generally takes about one year to review. After obtaining this visa, they can freely enter and leave Australia to study and work in Australia. After 2 years, if the relationship between husband and wife is still true and stable, you can submit a visa application of 100, which is a permanent resident visa. Of course, if both husband and wife have children, or the relationship between husband and wife has been more than 3 years, they can directly issue the 100 visa.
Conditions for permanent residence:
1, the first stage:
First apply for the 309 temporary spouse visa. Visa 309 is valid for 2 years. If the marriage still exists after 2 years, you can apply for a permanent residence visa of 80 1 (domestic application)/100 (overseas application).
2, the second stage:
Apply for 801100 permanent spouse visa (get a green card). Generally, no financial guarantee is needed, but the visa officer has the right to ask for a supplement.
3. Under special circumstances, the applicant can directly obtain a permanent residence visa of 801100. The prerequisite is:
(1) The applicant has been married to the guarantor for more than 3 years, or actually married.
(2) The applicant has been married to the guarantor for more than 2 years, or actually married and has a child.
309 Spouse Temporary Visa Application Process
1- submit the application through ImmiAccount.
2- Pay the application fee and upload the required documents.
3- Accept the telephone survey of Immigration Bureau.
4- Physical examination
5-309 visa approval, landing in Australia
Submit the second stage 100/80 1 permanent spouse visa application after 6-2 years (no application fee).
Australian immigration lawyers said that the key to the approval of 309 is how to prove the authenticity of the relationship between the applicant and the spouse (Australia), and it is not enough to provide a marriage certificate only.
Therefore, the applicant needs to provide sufficient relationship evidence to convince the immigration officer that the applicant and the spouse (Australia) have real commitment and relationship facts to live together for a long time.
Generally, the evidences that need to prove the relationship between two people include: telephone records, photos taken with relatives and friends, historical statements of relationship development, travel records of * * *, evidence of gift exchange, evidence of * * * participating in social activities, etc.
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