Talking about Spouse Immigration: An Analysis of the 5-year Limitation of Sponsored Spouse Immigration‏

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"Chinatown"-Official media of Chinese Australians

This article focuses onSponsored spouse immigration5-year limitAnd2 placesOfTriggering conditions,Calculation,as well asExemption clause.recommendGuaranteed beforeOrBe guaranteedSpouse immigration now wantsRe-guaranteeRead it in detail.

世界上的国家形形色色,很多国家移民是非常难的。然而,有一种移民类型在各个国家都通用,那就是配偶移民。爱情和家庭被很多人认为是这个世界上最珍贵的,任何一个国家和政府能去破坏自己公民的幸福生活,所以配偶移民几乎可以说是永远Possible的移民类别。

however,What follows is a "fake marriage" that uses loopholes in the policy to obtain identity.

Before 1996, the formerly pure Immigration Bureau had no restrictions on the immigration of spouses, and people with status could marry and divorce almost casually to make money repeatedly.As graduallyIn response to this sign, the Immigration Bureau formulated a corresponding restriction policy.

That's what we are going to talk about today:Spouse immigration guaranteeOfRestrictions.

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Spouse immigration is divided into two steps:
1,Temporary visa(309 outside and 820 inside);
2,Permanent residence visa(100 overseas, 801 domestic).
law, Temporary visa and permanent visa mustSimultaneouslySubmit, but the permanent visa must wait 2 years after submission to be approved (unless there are special circumstances that can be exempted for 2 years, we will analyze this in detail in a follow-up article).

The law restricting the regulations is in chapter 1994J of Migration Regulations 1.20. The original text is no longer quoted. Let us try to translate it into Chinese to read it carefully:

This law applies to the following types of visas:
a) 309 Foreign Temporary Spouse Visa
b) 300 fiance/wife visa
c) 445 dependent child visa
d) 820 Domestic Temporary Spouse Visa

If the applicant applies for the above categories of visas, they need to meet the followingAllcondition:

a) The guarantor has sponsored and approved no more than 1 spouse immigration (including cohabitation and unmarried/couple) in the past, or the relationship of the family members sponsored by the guarantor in the past is becauseDomestic violence ends(Meaning that only 2 people can be guaranteed in a lifetime)
b) If you have sponsored spouse immigration in the past (including cohabitation and fiance/wife), then at least 5 years have passed since the date of the last spouse visa submission
c) If the current guarantor used to be the sponsored spouse immigrant, at least 5 years have passed since the date of the last spouse immigrant visa submission

法律直译起来相当的困难,以上也仅仅略尽其意而已,远没有原文严谨,但是已经看起来很拗口了,那让我们来用大白话讲一下吧。

First of all,每个 人lifetimeCan only guaranteetwiceSpouse immigration. This only limits the number of guarantees for others to 2, andNotIncluding the one time you were sponsored (if you also got the PR through the sponsored spouse immigration).

Secondly,Whether it’s a 2-time limit or a 5-year limit, there is oneprerequisites-Approve.是说如果递交了配偶移民申请,但是没有批准(如UndoOrRefusal), it will not waste places or cause a 5-year limit.

However, the approval here does not only refer to the approval of the PR (100/801), the temporary visa (309/820) includes the approval of the fiance/wife visa (300), and it also counts.

Let us illustrate:

A submitted an application to sponsor his wife’s spouse for immigration. The 820 temporary resident visa was approved. After the relationship broke up and divorced, the wife did not get the 801 permanent residence visa. Even so, A still faces a 5-year limit and has used up a guaranteed quota;

B submitted an application to sponsor his wife's spouse for immigration, and his relationship broke down during the long waiting period of temporary resident 820. B resolutely revoked the sponsorship application, and the 820 visa was not approved. In this case, B will not be subject to the 5-year limit, nor will it waste the guarantee quota.

Again, the calculation method for 5 years needs to be explained. It is inevitable that there are several wrong loves in life. Once you have guaranteed your predecessor, you will face the 5-year limit if you want to guarantee the current one. At this time, the calculation method is very important. The specific calculation method is: from the date of visa submission of the previous guarantee to the date of visa approval of this guarantee, it must take 5 years.

Example:

On January 2010, 1, A submitted the spouse immigration to sponsor his wife, the visa was approved, and then divorced, met his current wife and got married. The current wife has no status, so A wants to guarantee the current wife. At this time, A does not need to wait until January 15, 2015 to submit the application. A decided to proceed in advance and submitted the 1 visa to guarantee his wife in August 15. It was already March 2014 when it was assigned to the visa officer.

At this time, the 820 application can be approved because there has been more than 5 years from the date of submission of the previous submission to the date of approval this time.

是说,前一次担保的批准日期完全没有关系。很多人在这个方面有误解,甚至以为拿到了绿卡的日期开始计算5年。这样的误解导致了很多夫妻被迫分居两地,是非常可惜的。

Finally, is there any possibility of exemption from the limit of 5 years and 2 guarantee quotas?

the answer ispositiveof. Although the law is ruthless, it cannot violate human nature. 1.20J(2) gave a legal basis, stating that if there is a “Compelling Circumstances”, the visa officer canExemptAll the above restrictions.

没有针对‘迫不得已的情况’给出严格的法律定义,但是在移民局的政策裡(Policy)给出了一些例子,如:

•Guarantor and current spouse have children
•前任配偶
• The former spouse abandoned the child and the child needs to be raised
• New cohabitation/spouse relationship more than 3 years

In addition, if the reason givenPowerful enough, There is also a chance to succeed. Need to consultImmigration expertTo do a more detailed assessment.

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1.20J The purpose of this law is to avoid the abuse of spouse visas, but at the same time it creates additional difficulties for many real applicants. Only by thoroughly understanding the details of the law can we plan future family life more effectively.

Is complex and changeable,Suggest申请人详细咨询留学移民的专家,避免走弯路。

Article reprinted from"Letter for Study and Immigration"

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[Welcome to the news to discuss cooperation! 】Editor-in-chief of "Chinatown" WeChat/QQ: 28771796

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4 replies AArticle author Madministrator
  1. May I ask if the guarantor used to transfer the student visa to 457 (signed in 13 years) under the pr (signed in 186 years) of 15 applicants, is it now within the five-year limit to sponsor the overseas fiancé/wife?

    • This restriction is for the guarantor and the guaranteed person who cannot re-guarantee within 5 years or the married couple/partner of the sponsored couple can apply for the same type of immigrant visa. If they are not of this type before, they will not be affected by this restriction.

      However, for these visa applications, it is best to consult a professional immigration lawyer from an immigration law firm.

  2. excuse me. My husband is an Australian worker who sponsored his former wife in 2011. Is it okay to submit a guarantee for the current wife now? The current wife is in Vietnam

    • Can be guaranteed. The requirement for marriage partner sponsorship to immigrate to Australia is that there is a 5-year limit on the sponsor and the sponsored party, that is, neither party can have sponsored or been sponsored by their partner to immigrate to Australia within 5 years

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