On May 28, 2019, the Australian Institute of Immigration (MIA) announced the latest developments in visa trials and policies following recent consultations with senior officials of the Australian Immigration Service, the most notable of which are the number of cases in which spouse immigration visas are awaiting approval:
- First phase of spouse migration (temporary residence): 82000 applications are pending;
- Second phase of spouse migration (permanent residence): 156000 applications are pending;
- Cases currently available for submission of spouse immigration phase II (permanent residence): 35000
However, Australia`s government allocated only 39799 immigration quotas to spouse immigrants in 2019-20.
Combined with the number of cases awaiting approval and the number of subsequent eligible applications for the second phase of spouse immigration, it can be predicted how long it will take to fully digest these cases.
Here is a comparative picture of the "number of new applications" (gray), "the number of visas obtained" (blue) and "waiting in line" (orange) of spouse immigrants from 2003 to the present. Looking at these blue bars that will never come up, many applicants must be very melancholy in their hearts.
Source: johnmenadue.com
It is not only the Chinese who feel that the speed of such a spouse immigration trial is outrageous, even the so-called "old Australia", where foreign spouses are overseas and are unable to submit their spouse immigration applications in Australia, need to endure separation for a long time. Waiting for the suffering of netizens, has also collapsed! What is more, they are determined to give up a stable life in Australia, accompany their spouses who do not have Australian or long-term visas, and settle abroad!
Life is short, it is not easy to find a partner who knows each other, should be cherished more, only afraid that the whole life is not enough to know each other, hoping to live and never give up. Since my spouse can`t come, I`ll go! But at the same time, the heart is more disappointed with Australia`s current spouse immigration policy! The high cost of visa applications and the longer the trial time have broken the hearts of countless Australians!
Then why does the Australian government want to do so, is nothing more than a strict investigation of "business marriage", that is, it is better to mistake thousands of people, not one person missed the net! This sounds "politically correct", but it is like a double-edged sword. When "good people" and "bad guys" are not treated differently, all applicants have to go through such a long wait, and there is no doubt that the end result is to make the "good man" cry. Make the bad guys happy.
Why? Why?
Because there are many fake domestic spouse immigration applications, applicants can make use of a long time, regardless of so much, to "enjoy" a long working life! They take Medicare Card, and government`s work permit and make money first. Therefore, this kind of "politically correct" approach can only punish "good people" and give preferential treatment to "bad people" in the end.
So what is "business marriage"?
"Business marriage" is actually a good saying of "fake marry"!
The essence is that one side takes identity and the other gets money.
"Business marriage":
First, there is no need for technology;
Second, there is no need for English;
Third, there is no need for a lot of money;
Fourth, it will not be affected by the policy of changing day and night.
In particular, under the current immigration policy of "Hanhai railing hundred feet of ice, thousands of miles of long sky condensing sad clouds":
Want to emigrate skilled, there are no four 7 points of English!
Want to emigrate business, there is no large amount of money!
Miss your employer, guarantee. Government yells to close the door again!
Commercial marriage has become a shortcut to immigrants, many people use the brain of business marriage! As vice rises one foot virtue rises ten, today Express immigrants will take you to see how the Migration Board used the method of pattern renovation to investigate "business marriage."
Means 1: change guarantee rule to separate "guarantee" from "visa" trial
The amendment to spouse immigration, which lasted for two years, was passed in the parliament discussion on December 10, 2018!
The main points of the new statute are as follows:
1. Guarantee persons who emigrate to their spouses are required to apply for the examination of guarantee qualification, and the qualification of guarantee persons is carried out separately from the visa trial.
2. The qualification of the guarantee must be passed before the applicant can submit his or her spouse`s immigration visa application;
3. After obtaining an 820 temporary visa, the Migration Board will give the applicant a three-year validity period. After the 801 permanent residence application must be carried out within the validity period, the expiration of the application for PR will not be able to renew;
4, 820 temporary visas and 801 permanent residence visas will be charged in stages;
5. increase the trial requirements of the guarantee to prove compliance with the law and provide proof of no criminal record
Although on April 17 th, the New deal was not implemented as scheduled because of problems with the immigration system, it was basically certain and did not have to be reversed.
Moreover, if the implementation of this new policy will have a very large impact on applicants, applicants in especially are mainly reflected in the following aspects:
1, if the applicant`s visa validity period is about to expire, and want to get a spouse visa to cross the bridge, there will be a problem!
Because before you apply to cross the bridge, your guarantee people have to pass the qualification trial. But the guarantee qualification trial time, conservative estimates will also take six months. If it`s really long, then lose it, and your visa will expire. Congratulations, you may have been accidentally blackened in Australia.
2. Since the trial has to be carried out in two steps, the qualification of the guarantee can be tried first, and the application for immigration of the spouse can not be heard until the trial is passed. The two steps cannot be conducted at the same time, and the trial time is likely to double. This makes the already quick trial of spouse immigrants, waiting is even more painful.
In fact, to put it bluntly, most of the fate of spouse immigration applicants is in the hands of guarantee people. As family violence cases continue to grow, guarantee people are required to provide proof of no criminal record in Australia and abroad.
4, if the above requirements are reasonable, but the following are worrying.
(1) even if the guarantee qualification is approved, the Migration Board will impose the relevant legal obligation (statutory obligations); on the guarantee person
impose statutory obligations on persons who are or were approved as family sponsors and
(II) if the guarantee fails to comply, they will be subject to sanctions;
provide for sanctions if those obligations are not satisfied;
(3) if the situation is serious, not only the application for guarantee qualification will be rejected, but also the guarantee person will be qualified or prohibited from becoming a qualified guarantee person, and will no longer be able to be a guarantee for others in the future.
enable the refusal of a sponsorship application and the cancellation or barring of a family sponsor in certain circumstances;
(4) the parties in the guarantee application will share the information with each other, so that the past "bad deeds" of the guarantee people will have nowhere to hide.
facilitate the sharing of personal information between parties identified in a sponsorship application;
Means II: substantial extension of trial time
At the beginning of the article, it was mentioned that the serious backlog of spouse immigrants was due to the serious slowdown in the pace of proceedings by immigration authorities. As can be seen from the table below, current spouse migrants:
The trial time of the first stage is 23 times 31 months for domestic 820 and 13 times 19 months for overseas 309.
In the second stage, the trial time of permanent residence is 19 times 25 months in domestic 801 and 15 times 27 months in overseas 100.
It is by extending the processing time of each spouse`s visa application, "boldly assuming, carefully verifying," that the Migration Board has identified "Li Kui" and "Li Ghost" and "true and false Sun Wukong" in the application. Given the current trial time, it can be expected that 820 / 801 applications in China will take up to 4-5 years and 309 / 100 applications abroad will take up to 2.5-4 years.
https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times
As a result, many guarantee people choose to allow their spouses to visit Australia on a tourist visa and then submit a domestic spouse visa. This invisible increase in tourist visa applications has increased the workload of visa officers and made them spend more time investigating and verifying whether applicants and guarantee people are for immigration or love!
Means 3: make a "blacklist" and "scoring form" internally, dividing the agent and the applicant into three, six, nine, and so on.
A few years ago, the media revealed that the immigration lawer and the agent "blacklist" developed by the immigration department had caused an uproar. Although the Australian government department has promised to abolish the blacklist, in fact, immigration authorities still rank them on the basis of immigration agents or lawer commissioned by spousal immigration visa applicants. "in the absence of a real basis and without the complete knowledge of visa applicants and immigration agents, immigration is very bad for visa applicants and immigration agents," said one lawer, who declined to be named. It is obviously unfair or even disgraceful to divide visa applicants into three, six or nine grades according to the applicant`s agency.
At the same time, we have always known that Australia`s technical and commercial investment resettlement have a score table, where the family agglomeration of the spouse resettlement category also has a non-declaratible score table! The immigration bureau will rate each spouse`s immigration application according to specific factors to classify the risk level.
Let`s take a look at which factors are high risk in the eyes of visa officers and to what extent the scores are high.
There are not only positive but also negative points in this scoring form! Because the higher the score means the higher the risk level, the negative score means the positive factor.
For example, it is easy to understand that children are seen as a major factor in risk reduction in their relationship history. Second, spouse relationship of 3 years or more is regarded as another positive factor to reduce the risk of fraud. However, the history of spouse relationship can not be replaced by the usual concept of love history, but the real history of cohabitation or marriage.
Judging from the above immigration risk classification of spousal immigration, it is not a matter of course to submit spousal immigration.
Especially at present, with the further entry of the Internet into our lives, more and more couples get to know each other through the Internet. Many people think that age is not a problem, and distance is not the distance. There are even many people who already have a history of guarantee and guarantee. These experiences as life are inevitable, but in the eyes of the Migration Board, they are classified as high-risk applications, such as "flash marriage", "online love", "homosexual love". "the two sides are related to the age of 10 or even nearly 40 years old husband and wife love," the woman 58 years old man 28 years old brother-in-law love, "many times marriage failed to marry again." "transfer spouse immigrants from black to white" and "guarantee accepted government benefits in the past two years before applying." Therefore, in the face of these difficult spouse immigration cases, the applicant must think twice and take it seriously so as not to refuse to sign.
Means 4: there are a lot of questions in the process of audit.
According to past experience, in general, immigration officials and review officers on AAT appeals try to avoid asking about the sexual life of their husbands and wives. But a recent case of expose came out, and AAT review officials asked the question and suspected that the couple`s relationship was not true.
The tribunal did not accept statements by both the applicant and the guarantee about condom use, that is, the guarantee simply forgot that they had mentioned that the applicant used condoms. The arbitral tribunal attached great importance to the contradiction and doubted the authenticity of the relationship between the two parties.
And according to statistics, as of March 2019, AAT had heard 5396 cases of spouse complaints, and only 50 per cent of the cases had been called back to the Migration Board for retrial!
Means 5: find clues through social platforms
Facebook (fb) is a social tool that is becoming more and more popular among young people. But it is a message on fb that could cut off your Australian visa.
A 36-year-old Bangladeshi man came to Australia with a travel visa in October 2013, after which he submitted a protection visa (Protection Visa), application on the grounds that he had converted to Christianity from Islam before leave Bangladesh. And has been baptized in church after entering Australia. He worries that once he returns home, his personal safety will be threat.
Everything went well, and I never expected a message on fb to cut off his chance to stay in Australia.
But during the trial, the visa officer found that his fb profile showed that he was still Muslim, found him to provide false information, and rejected his visa application in July 2014. However, the refusal letter did not explicitly mention the reason for the refusal because the visa application did not match the information on fb.
The man then complained to AAT, arguing that he did not often use fb and forgot to update. However, AAT maintained the decision of the Migration Board to refuse to sign. Then there was a court appeal, although his law representative said on appeal that the information on the fb could only affect the credibility of the applicant at best and could not be used as evidentiary material for the Migration Board to serve as a ground for refusal. But in hearing the case, judge made it clear that the information on fb should also be true and should be noted.
Michael Arch, senior lawer and editor-in-chief of immigration alliance (MA), said the reasons for the refusal and the outcome of the subsequent trial were not surprising, and caution should be taken to disclose information on social platforms. Immigration is very strict with visa trials, and they will do their best to find information that does not conform to the application and is not conducive to the applicant, and any small contradiction may be a reason for refusing the visa.
Also subject to the above "special treatment" by the Migration Board is the spouse visa. "the Migration Board conducts a thorough investigation into the applicant`s relationship and sometimes even finds witnesses. Of course, they are also completing their work."
Means 6: after Yongju approval, he frequently kills and returns to the horse gun.
As mentioned above, Australia`s government will continue to focus on cracking down on spousal immigration deceit by extending trial time and future permanent residence by extending temporary residence and permanent residence. Immigration is also using a variety of ways to return visits to approved permanent residence cases for spouse immigrants. If there is evidence that the application is false, the visa of the spouse`s immigration visa holder will be cancelled and the "commercial marriage" person will be returned to his original form.
Mr. Z was granted 309 spouse temporary residence visas on January 11, 2011 and 100 spouse permanent residence visas on September 10, 2013. At the same time, Mr. Z`s five children, as deputy applicants, were successfully granted 100 spouse permanent residence visas.
Mr. Z thought this permanent residence was safe, but who had thought that after three years, Mr. Z had received the notice of "intention to cancel his permanent residence visa" from the Migration Board! In its notice, the Migration Board listed their findings. In the face of strong evidence, Mr. Z is at a loss. Finally, on January 17, 2017, Mr. Z formally received a notice from the Migration Board to cancel the permanent residence visa of himself and his five child spouses! For Mr. Z`s family, it was a bolt from the blue, in the traditional Chinese saying, "cooked ducks fly."
Among the various evidence collected by the Migration Board, the Migration Board lists the comparative records of the entry passenger registration card since the submission of the application by Mr. Z and his guarantee, Ms. T, since 2009 (the following "address" and "name", both "pseudonyms"):
At the same time, the Migration Board carefully verified that the entry card records of all Mr. Z`s children were also adjusted one by one to verify each other!
If you look closely at the above comparison of the entry passenger registration card records, it is not difficult to find that September 2013 is a watershed. Ms. T, a guarantee, has always claimed to live in her own house, 7 G Street, NSW. The applicant, Mr. Z, is more different. before the permanent residence visa was obtained in September 2013, he claimed to have been living at the same address as Ms. T, that is, 7 G Street, NSW.. But since September 2013, Yongju basically got it, and he began to "tell the truth," and his real address was 25 C Avenue, NSW.. And two of his five children truthfully filled out their address in Australia at 25 C Avenue, NSW.. It was clear that the immigration department had a surprise return visit and found that the relationship of the guarantee and the applicant was false.
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Through the above analysis, it is not difficult to see that on the one hand, by extending the trial time and extending the temporary residence to permanent residence time in the future, the Migration Board has continuously focused on cracking down on the cheating behavior of spouse immigrants in the audit process. Immigration, on the other hand, is increasingly like a detective, conducting covert visits to approved cases.
In the above cases, the applicant for spouse immigration and five children successfully obtained 309 temporary and later 100 permanent spouse immigration visas. As a result, it ended up in the eye of the immigration department. By checking the "immigration registration card", the immigration department found that the applicants and guarantee of the spouse immigrants were "fake marriage", thus canceling the permanent residence visas of the permanent residence visa holders and five children of the spouse immigrants.
As the saying goes, "mantis catches cicadas, yellow sparrows behind", "really can not fake, fake really can not", do not think of immigration as a fool, their "case detection" ability is far more powerful than you think! Therefore, "business marriage" is not a simple matter, the parties should be responsible for the consequences of their actions.
