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Comprehensive guide to Australian marriage immigration (spouse immigration)

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In Australia, spouse immigration is a common immigration route for couples who wish to reunite with Australian citizens or permanent residents. The following is important information about Australian marriage immigration (spouse immigration), including visa categories, application conditions, fees, review requirements and precautions.

Visa Type

1. Overseas spouse immigrant visa category (309/100)

  • 309 Temporary Visa:The applicant must apply outside Australia and must be outside Australia at the time of application and approval. The eligible spouse must sponsor the overseas spouse to settle in Australia.
  • process: After obtaining a 2-year 309 temporary residence visa, if the immigration department considers that the two parties maintain a real and lasting relationship, they can apply for a 100 permanent residence spouse visa after 2 years. For applicants who have been married for a long time and have children together, it is possible to obtain permanent residence in one step.

Application conditions (partial)

  • The couple must be at least 18 years old.
  • The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen and cannot be changed until the applicant is granted a 100 permanent residence visa.
  • The sponsor has not sponsored any other spouse in the past 5 years.
  • The relationship between husband and wife must be real and lasting.
  • Meet health and character requirements.
  • No record of Australian visa rejection or cancellation.
  • No debt owed to the Australian Government.
澳洲结婚流程
Australian marriage process

2. Domestic spouse immigration visa category (820/801)

  • 820 Temporary Visa:Applicants must submit their applications in Australia and must be in Australia when their visas are approved. Applicants can enter Australia with a valid other type of Australian visa and apply after getting married in Australia.
  • process: Usually it takes about 2 years after obtaining the 820 visa to go through the review process to obtain the 801 permanent residence visa.

Application conditions (partial)

  • Minimum age is 18 years.
  • You must be in Australia at the time of application.
  • The sponsor must be the applicant's spouse or de facto partner.
  • The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen.
  • Not holding certain regional visas.

3. Fiancé visa category (300)

  • 300 Temporary Visa: This visa is valid for 9 months and is for applicants who are engaged to a sponsor (a citizen or permanent resident) and intend to get married in Australia.
  • condition: You must be outside Australia when applying. If you get married within 9 months, you can apply for a 820/801 spouse visa.

Costs (reference data for fiscal year 2023-2024)

  • Overseas spouse immigrant visa (309/100):
    • Visa application fee for the main applicant: AUD 8850
    • Secondary applicant (over 18 years old): 4430 Australian dollars/person
    • Secondary applicant (under 18 years old): AUD 2215/person
  • Domestic spouse immigration visa (820/801):
    • Visa application fee for the main applicant: AUD 8850
    • Secondary applicant (over 18 years old): 4430 Australian dollars/person
    • Secondary applicant (under 18 years old): AUD 2215/person

Important audit requirements

Requirements for applicants

  • Age must be 18 years or older.
  • Meet health and character requirements (no criminal record, etc.).
  • The Immigration Department will review the financial situation of the applicant and his/her spouse to ensure that they have a certain degree of security in living in Australia.

Requirements for guarantors

  • The sponsor must be over 18 years of age and be an Australian citizen, permanent resident or eligible New Zealand citizen, including same-sex marriages and partnerships.
  • A guarantor can only sponsor a spouse for immigration twice in his or her lifetime (except in special circumstances), and the second sponsorship must be five years apart from the first.
  • If the sponsor has previously obtained Australian permanent residency through a spouse visa, they must wait at least 5 years before sponsoring again.

Proof of relationship (reviewed by the Immigration Bureau)

Whether it is a married relationship or a cohabiting relationship, the Immigration Bureau will review the authenticity of the relationship between the two from the following aspects:

  • Economic relations: Such as joint bank accounts, joint investments, remittance records, insurance beneficiaries, etc.
  • Family life relationship: Proof of sharing household expenses (such as a joint contract), proof of child support, etc.
  • Social Relationships: Photos of living together, travel tickets or hotel reservations, photos of gatherings with relatives and friends, chat records, phone contact records, etc.
  • Commitment to each other: Describe the time of living together, emotional support, future plans, etc. You can find a witness who meets the requirements to fill out the statement through the official 888 form of the Immigration Bureau.

Review time (for reference)

  • Currently, applications for 309 visas and 50% are completed within 11 months, and applications for 90% are completed within 24 months. There is no overall statistical time for 820/801 visas, but some lawyers’ visas were approved within 6 months.

Notes and Difficulties

  • The Immigration Bureau has strict approval procedures for spouse immigration applications, and the rejection rate has increased in recent years.
  • Overseas applications may involve a telephone interview, while applications in Australia may involve an interview to confirm the true relationship between the applicant and their spouse.
  • The prepared materials must be very thorough. Every year, many people are denied visas due to material issues. Even if the relationship is real, it will lead to failure if the materials cannot fully reflect it.

Conclusion

Australia's spouse immigration policy provides a variety of options for people who want to reunite with their partners, but the application process is complicated and the requirements are strict. Applicants are advised to prepare the materials carefully before submitting the application and ensure that all conditions are met to increase the success rate.

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