In this paper, the five-year limit and the trigger conditions of the two quotas, the calculation method, and the exemption clause are analyzed in detail. Recommended previously guaranteed or secured spouse immigrants now want to re-sponsor a detailed reading.
There are all kinds of countries in the world, and it is very difficult for many countries to emigrate. There is, however, one type of migration that is common in all countries, that is, spousal immigration. Love and family are considered by many to be the most precious wealth in the world. No country or goverment can destroy the well-being of its citizens, so spousal migration is almost impossible to shut down.
However, what follows is to exploit loopholes in policy to obtain identity "fake marriage".
Prior to 1996, there were no restrictions on spouse immigration by simple immigration, and people who were in a position could get married and divorced almost casually to make money again and again. With the gradual discovery of this sign, the Immigration Service has formulated a corresponding restriction policy.
That's what we're talking about today: restrictions on spouse immigration guarantees.
Spousal migration is divided into two steps:
Temporary visas (309 outside the country and 820 within the territory);
Permanent residence visa (100 abroad, 801 in China).
The law stipulates that temporary and permanent visas must be submitted at the same time, but permanent visas must be granted only two years after submission (unless there are special circumstances to be waived for two years, which we will examine in detail in a subsequent article).
The law restricting the Ordinance is in section 1.20J of Migration Regulations 1994, which is no longer quoted in the original text. Let's try to translate it into Chinese for careful reading:
This article applies to the following types of visas:
- 309 visas for temporary spouses abroad;
- 300 fianc é e / wife visas;
- 445 dependent child visa;
- 820 temporary spouse visas within the territory;
If the applicant applies for the above-mentioned categories of visas, all of the following requirements are required:
- Not more than one spouse migration (including cohabitation and unmarried / married) has been guaranteed and approved by the guarantor in the past. Or the relationship of family members guaranteed by the guarantor in the past is due to the end of domestic violence (meaning that only two persons can be guaranteed for a lifetime);
- If spouse migration has been guaranteed in the past (including cohabitation and fianc é e / wife), at least five years have elapsed since the date of submission of the last spouse's visa;
- If the current guarantor had been a secured spouse immigrant, at least five years had elapsed since the date of submission of the last spouse's immigration visa;
The literal translation of the law is quite difficult, and the above is only a little bit more rigorous than the original English, but it already looks very difficult, so let's speak it in big vernacular.
- First of all, each person can only guarantee two spouses to emigrate in a lifetime. This only limits the number of times that the guarantor is guaranteed twice, and does not include one on which he is guaranteed (if he also gets the PR through an immigrant of the secured spouse);
- Second, both the two-time limit and the five-year limit have a prerequisite-approval. In other words, if a spouse's immigration application is filed but has not been approved (such as revocation or refusal), the quota will not be wasted or a five-year limit will be imposed.
However, the approval is not only for PR (100x801), but also for temporary visas (309 / 820), including those for fianc é s / wives (300).
Let's give an example:
A filed an application to guarantee the wife's spouse migration, and the temporary resident 820 visa had been granted, then the relationship broke up and divorced, and the wife did not get 801 permanent residence visa. Still, A faces a five-year limit and uses up a guaranteed quota;
B submitted an application to guarantee the wife's spouse's immigration, broke up during the 820 long waiting period for temporary residents, and B resolutely withdrew the guarantee application, and the 820 visa was not approved. In this case, B would not be subject to a five-year limit, nor would there be a waste of guaranteed quotas.
Again, the 5-year calculation should be explained. Life is inevitable several wrong love, once guaranteed the predecessor, again want to guarantee the present, but will face the problem of five-year limit, the calculation is very important at this time. The calculation is as follows: from the date of submission of the previously guaranteed visa to the date of visa approval of this guarantee, it must be sufficient for five years.
Examples:
A filed his wife's spouse immigration, visa approval, divorce, current wife and marriage on January 15, 2010. The current wife has no identity, so A wants to guarantee the current wife. At this time, A actually does not have to wait until January 15, 2015 to submit the application. A decided to operate ahead of schedule and submitted the 820 visa for the guaranteed wife in August 2014. By the time I got to the visa officer, it was March 2015.
At this point, the 820 application can be approved because the previous submission date to this approval date is more than five years away.
In other words, the date of approval of the previous guarantee is completely irrelevant. Many people misunderstand this, even thinking that the date of getting a green card starts counting five years. It is a pity that such misunderstandings have led to many couples being forced to separate.
Finally, is there any possibility of exemption from this five-year and two-year quota limit?
The answer is yes. The law, though ruthless, cannot violate human nature. 1.20J (2) gives the legal basis that if there are "circumstances of last resort", (Compelling Circumstances), visa officers may waive all of these restrictions.
Immigration laws do not give a strict legal definition of 'circumstances of last resort', but in the immigration policy (Policy) gives some examples, such as:
- The guarantor and the current spouse have children;
- (B) the death of the former spouse;
- The former spouse abandoned the child and the child needed to be raised;
- New cohabitation / spousal relationship for more than 3 years
In addition, if the reasons given are strong enough, there is also a chance of success. This requires consulting immigration experts for a more detailed assessment.
On spousal Migration: an Analysis of the five-year restriction on secured spousal Migration-Chinatown, Australia
1.20J the purpose of the law is to avoid abuse of spouse visas, but at the same time it creates additional difficulties for many real applicants, and it is only when the details of the law are thoroughly understood that future family life can be more effectively planned.
Immigration law is complex and variable, it is recommended that applicants consult the team of experts to avoid detours.
The article is reproduced from the letter for emigrants to study abroad.
