Australian family reunion immigrants are mainly: partner migration, child migration, parents immigration. Australia classifies relative immigration into two categories: relatives who are exempt from the score test and relatives who are subject to the score test. Immediate family immigrants who were exempted from the score examination included:
- Spouses of permanent residents of Australian citizens
- Parents of Australian citizens and permanent residents of due retirement age (65 for males and 60 for females), parents of most of their children in Australia
- Minor children under 18 years of age, unmarried children under 21 years of age
1300 Visa: unmarried couple visa, valid for 9 months, can be transferred to temporary spouse visa after marriage in Australia;
2309 visa: temporary spouse visa, valid for 2 years, if marriage still exists after 2 years, can be transferred to 100 / 801permanent residence visa.
3100 visa: spouse permanent residence visa. Married for more than 5 years or more for more than 2 years with children. Financial guarantees are not generally required, but visa officers have the right to demand financial guarantees from (Assurance of Support). Other dependent children of the spouse may apply together. (the consent of the biological parents must be required)
Child visa (one or both parents are Australian green cards or citizens):
1101 Visa: children's permanent residence visa. Children must be unmarried and under the age of 25. If you are 18 years old, 25 years old, you must read full-time.
2115 visa: final family member permanent residence visa. The applicant and spouse have no siblings / parents / adult children in China. Public health care is available. No benefits are available for 2 years and no pension can be applied for 10 years. An economic guarantee of two years.
Several types of Australian spousal immigrants
First, marital cohabitation
1. Introduction to the category of marital cohabitation
There are many ways to emigrate, among which the most direct, simple and efficient method is to apply on the grounds of cohabitation marriage, which is conditional on the closest relationship between the applicant and its guarantor (i.e. cohabitation and marital relationship). This approach may seem simple, but its legal provisions, clauses, are more complex, and because it is a simple and direct shortcut, it is easy for some to use this method for the purpose of achieving permanent residence, As a result, immigration authorities are very strict and cautious in approving such visas. Therefore, this is considered to be the simplest method of application, in other words, it is quite difficult.
How to prepare a substantial and detailed application so that the assessment officer can quickly convince the applicant that the relationship between the applicant and the guarantor is true and lasting and is a crucial step, while also requiring a full understanding of the existing policy provisions, A new two-year temporary residence visa was established in December 1996, which is of the same nature as the two-year temporary residence visa applied for in Australia. All applicants are required to apply for temporary and permanent residence visas at the same time, unless they have existed for a long time, and all applicants are subject to temporary residence visa regulations. Once the visa is approved, the applicant can come to Australia. Two years after the initial application, the applicant will receive a further assessment of the permanent residence visa regulations. This means that, in the event of a breakdown of the relationship, the holder of a temporary residence visa will not be able to obtain the right of permanent residence (unless the cause of the breakdown is an exception in the statute) .2 when applying for a temporary residence visa, The applicant must be guaranteed by Australian citizens, permanent residents and qualified New Zealand citizens for at least 18 years of age. Marriage to the guarantor is a legal, true and lasting relationship that is intended to continue after arrival in Australia. The applicant intends to marry the guarantor at the time of application, is married at the time the application is approved, and the parties maintain a true and continuous relationship. Cohabitation with the guarantor for one year or more and maintain a true and continuous relationship. What are the limitations of living with the guarantor or being only temporarily separated. 3 as a guarantor of a spouse's temporary residence visa? in addition to the above conditions, the guarantor must meet another condition. That is, there can be no two successful spouse guarantees within five years. In addition, if the guarantor has previously successfully guaranteed a spouse, he / she will not be able to guarantee another new spouse for five years. If the guarantor previously obtained the right of permanent abode in Australia by way of a marriage guarantee and the marriage subsequently broke down, the guarantor sought another spouse, The new provision also limits the guarantee of a new spouse for a period of five years. Only if the application meets all of these requirements will an applicant be granted a two-year stay visa. Applicants can work during their two-year stay. Two years from the date of submission of the application, both parties are still living together or meeting the following conditions, and the applicant will be granted a permanent residence visa.
(4) the basic conditions required for the applicant to be granted a permanent residence visa
To be guaranteed by the guarantor on a continuous basis. Holds a spouse temporary residence visa. Still maintains a real and continuing relationship with the guarantor and has applied for a temporary residence visa at least two years ago. If the relationship with the guarantor has been suspended, but if the relationship is suspended due to domestic violence and the death of the guarantor, it is still possible for the applicant to obtain a permanent residence visa.
5. Guarantor conditions
The guarantor must be the guarantor accepted by law. Usually, they must be at least 18 years of age and, if necessary, must also provide financial guarantees. [6] what are the ways in which applications for marital cohabitation are answered in the first place? there are two ways to apply for permanent residence on the grounds of a spouse. One is an application outside Australia (Off-Shore), the other is an application within Australia (On-Shore). If the applicant and the guarantor are married or cohabited outside Australia and the applicant is not in Australia, The application can then be made outside Australia. If the applicant is already in Australia and holds a temporary substantive visa, they may marry or live together in Australia and, subject to the Immigration Ordinance, apply in Australia. In this case, of course, the applicant may choose to submit his application outside Australia. No matter which form of application the applicant chooses, he or she must provide sufficient evidence of the authenticity of his or her relationship with the guarantor and obtain a two-year temporary residence visa for his or her spouse. After two years, the relationship between the two sides will continue to remain the same and, under the continued guarantee of the guarantor, will a permanent resident visa be granted. 2 can a person who has completed a visa apply for permanent residence on the grounds of his or her spouse? What's the procedure for the application?
Visa holders can also apply for this type of application, but under normal circumstances the applicant is required to leave the country and apply outside Australia. However, if the applicant can meet the requirements of the relationship with the guarantor for two years or more, or if the applicant has a common child and does not have any record of refusal within the territory, the application may still be submitted directly within the territory.
(3) if the previous marriage relationship has not been settled, may the application be filed? if the applicant or guarantor's previous marriage has not been settled, but according to the Immigration Ordinance, as long as they live together for one year or more, They can then apply in the form of cohabitation spouses. This will not constitute bigamy.
4. If the applicant did not live with the guarantor at the time of filing the application, can the applicant submit the application in this case? Under the Immigration Ordinance, one of the requirements of an applicant is to live with the guarantor or to be separated only temporarily, which means that an application can be made if separation is due to practical reasons rather than breakdown of the relationship.
5 Why is the authenticity of marriage / cohabitation doubtful? The authenticity of a marriage or cohabitation relationship may be suspected due to:
- The applicant and his guarantor met and / or lived together within a short period of time. The documents submitted with the application prove contradictory. For example, the time and description of the meeting and acquaintance are different. The immigration history of the applicant or his guarantor is questionable. For example, applicants have applied to emigrate to Australia or change their status, but have been refused.
- The age difference between the applicant and his guarantor is too large. The cultural, religious or socio-economic background of the applicant and his guarantor is very different. There is evidence that one of the parties acquires the relationship through money transactions. The person who traditionally arranges a marriage may only know each other in a very short period of time. If the limited mutual understanding between the applicant and his or her spouse is due to the nature of the marriage, it is necessary for their friends and families to provide evidence to prove the authenticity of the marriage, as well as to provide some evidence of their marriage traditions. An existing sexual relationship does not mean that it is considered a true and ongoing relationship, and even if both parties live together, the application may still be rejected if there is evidence that their relationship will not last.
