1. Introduction to Marriage Cohabitation Application
There are many ways to immigrate. Among them, applying for cohabitation and marriage is the most direct, simple and efficient method. It takes the closest relationship between the applicant and the guarantor (ie cohabitation and marriage) as the application conditions. This method seems simple, but the legal provisions and clauses in it are quite complicated, and because it is a simple and direct shortcut, it is easy for some people to use this method to achieve the purpose of obtaining permanent residence, so the immigration department is in The approval of this type of visa is very strict and prudent. Therefore, this is considered to be the easiest application method, in other words it is quite difficult.
How to prepare a substantial and detailed application so that the review officer can quickly convince the applicant and the guarantor that the relationship between the applicant and the guarantor is real and lasting is a very critical step. It also requires a full understanding of the current policy provisions. Have superb skills and rich experience in file processing. In December 1996, a new two-year temporary residence visa was established. This visa has the same nature as the two-year temporary residence visa applied for in Australia. All applicants need to apply for temporary and permanent residence visas at the same time, unless their relationship has existed for a long time, the applicants are required to be assessed under the regulations of temporary residence visas. Once the visa is approved, the applicant can come to Australia. Two years after the initial application, the applicant will be again assessed for permanent residence visa regulations. This means that if the relationship breaks, the holder of a temporary residence visa will not be able to obtain permanent residence (unless the reason for the breakdown is an exception in the law).
2. When applying for a temporary residence visa, the applicant must meet the following requirements
It is sponsored by Australian citizens, permanent residents and qualified New Zealand citizens, and the sponsor is at least 18 years old.
Marrying a guarantor is a legal and true and lasting relationship, and I intend to continue this relationship after arriving in Australia.
The applicant intends to marry the guarantor at the time of application, has been married when the application is approved, and both parties maintain a true and ongoing relationship.
Live with the guarantor for one year or more and maintain a true and continuous relationship.
Living with a guarantor may only be temporarily separated.
3. As the guarantor of the spouse's temporary residence visa, what are the restrictions?
In addition to the above conditions, the guarantor must also meet another condition, that is, no two successful spouse guarantees within five years. In addition, if the guarantor has successfully sponsored a spouse before, he/she cannot sponsor another new spouse within five years. If the guarantor obtained permanent residency in Australia by being secured through a marriage relationship, and the marriage broke down, the guarantor would find another spouse. The new provisions restrict such persons from guaranteeing their new spouse within five years.
Only when the application meets all the above requirements, the applicant will be granted a two-year temporary residence visa. Applicants can work during the two-year temporary residence period. After two years from the date of submission of the application, if both parties are still living together or meet the following conditions, the applicant can obtain a permanent residence visa.
4. Basic requirements for applicants to obtain a permanent residence visa
Continuously get the guarantee from the guarantor.
Hold a temporary residence visa for your spouse.
It still maintains a true and ongoing 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 terminated, but if the relationship is terminated due to domestic violence, the death of the guarantor, etc., the applicant may still obtain a permanent residence visa.
5. Guarantor conditions
The guarantor must be a legally acceptable guarantor. Usually must be at least eighteen years old, and if necessary, financial guarantee must also be provided.
6. Answers to some application questions in the marriage cohabitation category
①What are the ways to apply?
[Answer] There are two ways to apply for permanent residence on the grounds of spouse, one is to apply outside Australia (Off-shore), and the other is to apply within Australia (On-shore).
If the applicant and the guarantor are married or cohabiting outside Australia, and the applicant is not in Australia, the application can be made outside Australia. If the applicant is already in Australia and holds a temporary substantive visa, they can get married or live together in Australia, and they can apply within Australia if they meet the relevant immigration regulations. Of course, in this case, the applicant can also choose to submit the application outside Australia. Regardless of which method the applicant chooses to submit the application, he must provide sufficient materials to prove the authenticity of the relationship with the guarantor, and obtain a two-year temporary residence visa for the spouse. After two years, the relationship between the two parties will remain unchanged, and the permanent resident visa will be obtained under the continuous guarantee of the guarantor.
②Can a visa expired apply for permanent residence on the grounds of a spouse? What is the application procedure?
[Answer] Those with expired visas can also apply for this type of application, but under normal circumstances, applicants need to leave the country and apply outside Australia. However, if the applicant can meet the relevant conditions such as the relationship with the guarantor for two years or more, or has a common child and does not have any domestic refusal records, the application may still be submitted directly in China. ③If the previous marriage relationship is not resolved, can the application be submitted?
[Answer] If the applicant or the guarantor’s previous marriage has not been resolved, but according to the immigration regulations, as long as they live together for one year or more, they can apply in the form of a common-law spouse. This will not constitute a crime of bigamy.
④If the applicant and the guarantor did not live together when the application was submitted, can the application be submitted in this case?
[Answer] According to the relevant immigration regulations, one of the conditions that the applicant must meet is to live with the guarantor or only temporarily separate, which means that if the separation is for practical reasons rather than a breakdown in the relationship, the applicant can still apply.
⑤Why is the authenticity of the marriage/cohabitation relationship suspected?
[Answer] The authenticity of marriage or cohabitation may be suspected, and the reasons come from:
The applicant and his guarantor met and/or lived together within a short period of time.
The documents submitted with the application prove to be contradictory. For example, the time and description of the meeting and acquaintance are different.
The immigration history of the applicant or his sponsor is doubtful. For example, the applicant once applied to immigrate to Australia or changed status but was rejected.
The age gap 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 obtains this relationship through money transactions.
Those who arrange marriage according to tradition may only get to know each other in a very short time. If the applicant and his spouse’s limited mutual understanding is due to the nature of the marriage, their friends and family need to provide evidence to prove the authenticity of the marriage relationship. At the same time, they need to provide some evidence about their marriage traditions.
An existing sexual relationship does not mean that it will be regarded as a real and ongoing relationship. Even if the two parties live together, once there is evidence that their relationship will not last, the application may still be rejected.
If your application involves the above issues, you need to be especially careful when preparing your application, and it is best to have professional guidance.
⑥How to prepare for the interview with the immigration office?
[Answer] After the applicant submits the application, if the Immigration Bureau considers that it is necessary to further prove the authenticity of the relationship between the applicant and the guarantor, an interview will be arranged. Interviews are usually conducted separately. The problem involves the relationship, family and daily life of both parties. Even if the relationship between the two parties is true, they may encounter many unexpected problems (such as what did you do yesterday, last week, last month, etc.). Most applicants and their spouses feel nervous during the interview. In addition, when the questions are unexpected, they often do not know how to answer or make answers hastily and casually, which cannot satisfy the immigration officials and affect the progress of the trial. Therefore, the interview with the immigration bureau still needs professional guidance, and be prepared for the questions that may be raised in the interview, so that the interview can be confident and respond freely.
XNUMX. Types of unmarried couples
Many people who have settled in Australia hope to guarantee their fiancé/wife to come to Australia to marry him, so that the two can enjoy the warmth and happiness of family together. The following is an introduction to the issue of such people.
1. Applicants must meet the following requirements
Sponsored by an Australian citizen, permanent resident or qualified New Zealand citizen.
He intends to marry his guarantor and live together and maintain a true and long-term marriage relationship.
Be at least 18 years old or will be at least 18 years old before they register for marriage.
Eligible to marry in accordance with Australian law.
The applicant himself knows and understands his unmarried spouse.
2. The guarantor must meet the basic requirements
Is a qualified guarantor.
Must be at least 18 years old or will be 18 years old before they register for marriage.
Not affected by the restrictions of the guarantor.
If necessary, financial guarantee is required.
3. What are the restrictions on the guarantor?
The guarantor can only guarantee the spouse or unmarried spouse twice in his life (referring to the guarantee that the applicant obtains the visa), and there is at least a five-year interval between the two guarantees. and
If the guarantor was originally sponsored to come to Australia as a spouse or unmarried spouse, it will take five years from the time of being sponsored to be eligible to sponsor a new spouse or unmarried spouse to come to Australia.
(In some cases, there are exceptions to the above conditions.)
4. The application of unmarried spouse includes the following three steps:
If the applicant and the guarantor meet the following conditions, the applicant will obtain a temporary visa for the unmarried couple. The visa is generally valid for nine months. During this period, the applicant must arrive in Australia, complete the marriage registration with the guarantor, and submit the next application-a temporary spouse visa within the validity period of the visa.
The term of a temporary spouse visa is two years. After two years from the date of submission of the application, if both parties still maintain a true and lasting marriage relationship and meet the corresponding conditions, the applicant will receive a permanent residence visa.
The applicant must obtain the guarantor's continuous guarantee before obtaining the permanent residence visa, and continue to maintain a true and lasting marriage relationship with the guarantor, and finally obtain the permanent residence visa. Prior to this, the applicant and his sponsor may also need to participate in an interview with the Immigration Bureau. Of course, due to certain accidents, domestic violence or the death of the guarantor, the applicant may still obtain a permanent residency visa.
5. If the applicant fails to register the marriage with the guarantor within the 9-month visa validity period, what will be the consequences?
If the applicant fails to register a marriage with the guarantor within the 9-month visa validity period due to some special reasons, but they still intend to get married, their visa may be extended. Otherwise, they must leave Australia and resubmit their application. Temporary visas for unmarried couples cannot be converted to other temporary visa categories (such as student visas, tourist visas, etc.).
6. If the relationship between the applicant and the guarantor is broken before the formal registration of marriage, what will be the consequences?
If after the applicant arrives in Australia, the relationship with the guarantor is broken before the marriage is officially registered, regardless of the cause of the breakdown (including domestic violence), they will have to leave Australia, unless the applicant can use other means Apply for permanent residence (refugees or other types of family reunions, etc.). If the applicant marries someone other than his guarantor during this period, this situation will cause the Immigration Bureau to highly doubt the authenticity and credibility of his relationship, and the applicant will also violate the conditions of his original visa.