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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.
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 gradually发现In 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.
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:
If the applicant applies for the above categories of visas, they need to meet the followingAllcondition:
Secondly,Whether it’s a 2-time limit or a 5-year limit, there is oneprerequisites-Approve.Just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.
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.
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.
In addition, if the reason givenPowerful enough, There is also a chance to succeed. Need to consultImmigration expertTo do a more detailed assessment.
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.
Article reprinted from"Letter for Study and Immigration"
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