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伊莲 发表于 2013-6-17 17:45 
五年等待期是就PR而言,楼主没拿到PR,因此她没有。
中途换担保人不算特殊案例,申请很简单 ...
you were sponsored for a partner visa as a partner yourself within the last five years
是以担保为条件的,并不是以PR为条件。而对于等待期豁免的三个条件中,也没有一个是说家庭暴力或类似情况的。所以家庭暴力肯定是特殊案列。
而在家暴规定中,对于820,也是需要申诉的。
Partner visa applicants
Partners of Australian citizens, Australian permanent residents and eligible New Zealand citizens who apply to live permanently in Australia undergo a two-stage visa application process.
See: Fact Sheet 30 - Family Stream Migration: Partners
If the applicant's relationship breaks down after they have applied for permanent residence, the applicant can still be considered for permanent residence if they provide acceptable evidence that they or their dependants have been the victim of family violence committed by their Australian partner.
The applicant will also have to satisfy the delegate that their relationship was genuine until it ceased and that the family violence took place during the relationship.
There are some variations within the Partner category visas regarding eligibility to access the Family Violence Provisions. The provisions can only be accessed by Partner visa applicants who are already in Australia and by Prospective Marriage visa holders who are already in Australia and have married their sponsor.
A permanent visa may also be granted if your relationship breaks down and you and your partner have custodial rights under the Family Law Act 1975 for any children aged under 18 years that you and your partner may have. |
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