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Attention! Careful planning, these two categories of people will be prohibited from applying for spouse immigration visas

 
[Immigration News]     21 Aug 2019
At present, 489 state nominees in several regions of Australia have been closed, and 491 / 494 visas for new and remote areas are not far ahead.

At present, 489 state nominees in several regions of Australia have been closed, and 491 / 494 visas for new and remote areas are not far ahead.

So far, the Australian Immigration Service has continuously released most of the details of 491 and 494, and everyone is most concerned about the visa restrictions and the requirements for subsequent permanent residence.

Many people may already know that holding 491s or 494s for less than three years is not allowed to apply for a skilled immigration visa such as 189 / 190 / 186 and an investment immigration visa such as 188132, but it is not clear whether it is possible to apply for spouse immigration and some of the provisions related to a spouse.


How to extend 820?

In the latest law regulations, such a provision has been added:

491 and 494 holders are required to hold the visa for at least 3 years (in order to apply for some other permanent residence visa).

Attention! Careful planning, these two categories of people will be prohibited from applying for spouse immigration visas

This 1214 C (3) clause is about 820 spouse immigration visa applications.

According to this rule, if the applicant holds a 491 / 494 visa for less than 3 years or the last substantive visa is 491 / 494, the application will be invalid if 820 is submitted at this time! Therefore, you will not get a bridge signature.

In other words, if you want to transfer an 820 visa from 491 to 494, you have to wait at least three years later, or get another substantive visa before you apply for 820.


For example:

Two years after applicant A holds 491494 visa, he wants to apply for 820visa, considering that he may not be able to meet the requirement of transferring 191PR.

No, because I hold it for less than three years.

One year after applicant B held 491 visa 494, the student signed to study, and before he was signed, he quickly submitted his 820 visa application during the bridge signing period.

No, because the last substantive visa is 491 / 494.

Applicant C holds 491 / 494 visa for less than 3 years, changes the student to sign to study in the middle, and then submits the 820 visa application after being signed.

Yes, because there is another substantive visa-signed by students. You can apply for other temporary residence visas at any time during the 491 / 494 period.

Attention! Careful planning, these two categories of people will be prohibited from applying for spouse immigration visas

However, there is also a prerequisite for doing so:

During the period of holding 491 / 494, I complied with the relevant visa terms, such as living in a designated remote area; after a change in personal information, notify the Migration Board within a specified time frame, etc.

If there is a violation, then another substantive visa can not be used as a springboard to apply for 820, and the visa is likely to be cancelled!


Other major provisions relating to spouses

1. 491 and 494 visas require holders to live in remote areas for at least three years.

Note that these three years of residence include the Lord and the Deputy, that is, the whole family should work, live or study in remote areas!

If you go to non-remote areas for a short time, such as vacation or medical treatment, it is generally no problem. In special cases, the Migration Board will hear it in case by case.


two. During the period of holding a 491 visa, what if the sponsor breaks up with his or her spouse?

The spouse and other deputy applicants may continue to hold 491 visas.

If the spouse himself can meet the requirements of the PR, including income requirements and comply with the terms of the visa, he or she can also apply for a transfer of 191.

Of course, the spouse may also choose to apply for another temporary or permanent residence visa, as long as the relevant requirements are met. However, the premise of applying for a permanent residence visa, such as 186, 189, 190, 320, 132, 188, is to hold a 491 visa for at least three years or another substantial visa.

If the two sides break up or divorce, is caused by the principal family violence, the main visa may be cancelled!


After the application is signed, the application may be added separately. If granted, the expiry date is the same as the application.


epilogue

New visa launch, there are always a lot of small details easy to ignore, accidentally can cause trouble for themselves.

So if you are also considering applying for a visa for remote areas, but are not sure if you will live in remote areas for at least three years, be sure to contact the Neolithic consultant in advance to make a plan.

Reprinted from: Neolithic immigrants studying abroad

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