Spouses visas for couples to reunite hold people's hearts all the time, and at the end of November last year, the Senate used a domestic violence-related bill that made it harder for people with a history of domestic violence to get a spouse visa.
The bill, on the other hand, is relevant to everyone who applies for a spouse visa.
1. Changes brought about by the new bill
The bill was intended to protect applicants and reduce the restrictions and effects of domestic violence on them.
Under the current system, all visa applicants are required to have a comprehensive personality check, a change that leaves people with a history of violent crime denied.
And the content of the audit, also more stringent.
We all know that the cycle of spouse immigration is relatively long, and waiting for a year or even two years after submitting an application is common, which is easy to cause if the guarantor has a history of family violence, it will not be discovered until then. While waiting, the applicant is very passive and vulnerable.
First, the guarantor must first be eligible for security:
After the implementation of the new policy, the proceedings are made up of some parts, the first is to hear the guarantor's security qualification, only after obtaining the guarantee qualification, will the applicant's immigration application continue to be processed.
Second, the Government will step up the vetting of guarantors
The guarantor needs to meet more detailed conditions and requirements, no criminal record (in Australia, if staying overseas for a long time and no criminal record overseas), taking into account the ability to guarantee economic security and experience in Australia, and so on. In addition, authenticity is also very important.
Third, the current residence visa (820/309TR) for spouse immigrants will be set to be valid
The holder of the visa must apply for PR within the validity period. If the application exceeds the validity period of the temporary visa, the application will result in the cancellation of the whole application.
Change 4: temporary visa and permanent residence visa will be charged in stages
2. Spouse visa category
- 300 fianc é e or fianc é visa
- 309 (overseas application) spouse-type temporary residence visa
- 100 (overseas application) spouse-type permanent residence visa
- 820 (domestic application) spouse temporary residence visa
- Spouse-type permanent residence visa 801 (domestic application)
The marriage of the applicant is divided into three states: legal marriage (Legal Marriage), de facto marriage (De Fecto Relationship), expected marriage (Prospective Marriage). Spouses visas for legal and de facto marriages are generally conducted in two stages:
Phase I: temporary spouse visa (offshore Subclass309 / domestic Subclass820)
Phase II: permanent spouse visa (external Subclass100 / domestic Subclass 801)
Applicants can apply for a permanent residence visa directly, provided that:
Can prove that the applicant and the guarantor have had a spouse relationship for more than three years, or that the applicant and the guarantor have a spouse relationship of more than two years and have a child
3. Specific application requirements:
Basic requirements:
Applicant basic requirements: no qualifications, work experience, English, asset certificates, etc., but the applicant needs to meet the health and character test.
Guarantor's basic requirements: Australian citizen over 18 years of age, permanent resident or eligible New Zealand citizen. Each person can only guarantee twice in his life, and the interval of guarantee is at least five years. If the guarantor obtained permanent residence status through a spouse visa, it would take more than five years to guarantee the spouse's application for immigration.
The relationship requires that the applicant must be the guarantor's marriage or cohabitation spouse (including heterosexual and same-sex partners) and that the marriage and de facto marriage must have existed prior to the application.
When you and your partner meet the above requirements, you need to prepare the following materials:
4. Material preparation
Financial relationships, including: any jointly owned property or other major property; common liabilities; common commitments and commitments to major financial and financial sources; shared sharing of household day-to-day expenses; (joint accounts are also most favourable)
Relationships of a family nature, including: any shared responsibility for the care and upbringing of a child; shared responsibility for housework;
Social relationships, including whether to express to others whether they are in a cohabitation relationship; the views of their friends on their cohabitation relationship; and their common expression of common social activities;
Mutual commitment: the duration of their relationship; the time they lived together; the degree of partnership and spiritual support between them; whether the relationship was long-term.
When everything is ready, you and your partner need to obtain a spouse visa through the following process:
- Assessment of the situation of the applicant and the guarantor;
- Relationship evidence collection and visa preparation;
- Submit 820 / 801 or 309 / 100 spouse visa applications;
- 820 / 309 spouse immigration visa granted;
- Retain and collect evidence of relationships during the 2-year relationship study period;
- After the completion of the two-year study period, that is, two years after the submission of the temporary residence application, additional permanent residence visa materials;
- Get 801 to 100 permanent residence visa smoothly.
5.DIY visa rejection rate increases
The decline rate of spouse immigrants, especially the DIY, rose after the introduction of the new law on spouse visas, according to official statistics.
As can be seen from the data:
The rejection rate of DIY visa is higher than that of domestic visa, and the rejection rate of DIY visa is higher than that of domestic visa.
With the introduction of the new law, the rate of visa rejection for spouses has increased significantly
We all think that their relationship is real, a marriage certificate is enough, some children, how can they be refused?
But when it comes to the case, immigration is not a marriage license and a child is enough. It may refuse to sign because of insufficient materials or inconsistencies in the information provided in the material. If a request for supplementary materials, will continue to extend their visa processing time.
Many applicants tend to think that as long as the relationship is true, they can stand the test, but they are often less careful and careful about the preparation of the material, ignoring some important details and key issues. This often leads to an unexpected situation in a later application, or even a refusal to sign.
The relationship is certainly not a problem, the material should also be carefully prepared.
