during this timePartner migrationof801It’s better to focus on signing, and820The applications are getting faster and faster. We had one submitted in early September yesterday and it has already been signed.
Whether applying for spouse migration at home or abroad, it isTwo steps to PR, the domestic one is 820 to 801, and the overseas one is 309 to 100, unless it is already a long-term relationship.Generally it takes 2.5-3 years.
We always hope that people will last forever, but relationships can sometimes be as thin as a cicada.If the relationship breaks down during the period, can I still transfer to PR?Does the applicant need to carefully maintain the relationship with the sponsor to ensure that he can successfully transfer to permanent residence?
In fact, if one of the following situations occurs, the applicant can transfer to permanent residence early
Type 1: Encountering domestic violence
Second type: Having children with the sponsoring spouse
Type 3: Death of spouse
Today I will mainly talk about the first and second types.
The first type
Encountered domestic violence
Australia has passed in recent yearsMany legislations have been introduced to prevent or combat domestic violence related to visa applications., the main purpose isI don’t want the applicant to have to endure domestic violence because of the visa.
Not only spouse migration, we have also introduced it beforeWhen applying for any visa, you must truthfully declare that you have a DVO (family or domestic violence order) or other orders.A declared visa application may be referred to VACCU. For details, please see:Feel like visa processing is extremely slow? A few people may have been referred to VACCU! Why? How to avoid it? How to respond?
Returning to spousal migration, first of all, how to define domestic violence?
Mainly include:
-Physical abuse
-Sexual abuse
-Verbal or emotional abuse
-Social abuse, which is the act of cutting off ties with family, friends, or the community
-Financial abuse, which refers to behavior that restricts access to funds
Detailed examples of each item can be seen in the figure below.
What to do if you are domestically abused
The process is:Notify Migration -Collect materials (relationship materials and domestic violence-related certificates)–Submit materials
Domestic violence related certificates-Judicial and Non-judicial
–JudicialFor example, court injunction/court order/records from court, etc. It is also helpful to provide proof of applying for court order.
They all need to be final court orders. Interim orders are not strictly considered judicial evidence, but if you are waiting for the final results, you can provide them as a reference.
–Non-judicialwill be more common,Medical records, police call records, seeking help from social workers/support agencies, psychological consultation, etc.The details are listed in the figure below:
–If there are too few domestic violence materials, the Department will seek advice from a third-party independent agency to make a judgment.
Proof of relationship materials
-This is easily overlooked,The victim of domestic violence still needs to provide proof that the relationship between the two continued before the relationship broke down.
-These materials are alsoFrom financial/ household and domestic/social/commitment, normal relationship materials in four major aspects.
-If the relationship breaks down, the other partyDeliberately or unwilling to cooperate(For example, the materials may be in the other party’s name or jointly require the other party’s consent to obtain them),Can give corresponding explanation, the principle is to provide as complete a set of these four aspects as possible, and give as much as you can.
If there is any domestic violence, please seek help in time. If you need help with your visa, you can add the customer service below to arrange it for you.
Second case
Applicant and Guarantor
There are children between
This child needs to be
-Under 18 years olddependent child
-can be one or more
–The applicant owns the child custody, or there is joint custody between the applicant and the guarantor,It’s usually the latter before a relationship breaks down
–The child needs to be the biological child between the guarantor and the applicant, one party is a stepfather or stepmother and does not meet the requirements
The request is straightforward, and if there are no surprises in reality, it will not be difficult to prove that “your child is yours.”
It needs to be reminded that, just like the situation of domestic violence,You also need to prove that your relationship as spouse existed before the relationship broke down.Materials in the four major areas of Financial/household and domestic/social/commitment.
Application process:
1. The guarantor fills out the notification of relationshp cessation form to inform the Department that he or she wants to revoke the sponsorship.
2. The Department will send it laterS57 requires explanation why it should be revoked
3. Applicants need to submit a response, which should be clearly stated.
① Your relationship was real and existing before the relationship broke down
② Since you have children, the applicant can transfer 801PR through exemption
This will involve the citation of legal provisions, how to arrange the custody of the children after the relationship breaks down, if it involves divorce and custody lawsuits, at what stage they are currently, etc. The corresponding explanations need to provide supporting materials.
Compared with domestic violence, this situation will be more straightforward in collecting materials. The important thing is how to show and explain your situation to the visa officer.
We have extensive experience in spousal migration visas for various situations and backgrounds. Welcome to contact us for evaluation and submission.
Our recent spousal migration success stories
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