关于配偶移民的官方Frequently Asked Questions参考资料

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Frequently Asked Questions

1. Have you received my documents / application / email / fax?
2. When will my partner application be processed?
3. How are partner visas processed?
4. Can the two year waiting period be waived?
5. How will my Partner (Permanent) subclass 801 visa be processed?
6. When will I be notified of the status of my application?
7. Can I travel overseas during the processing of my temporary Partner visa?
8. How do I obtain a police clearance?
9. Can my dependant child be added to the list of people migrating and if so, how?
10. What evidence must I provide for dependant children?
11. How do I prove that I have custody of a child under 18 years of age?
12. I am sponsoring a minor dependant, why do I need police checks?
13. I am a New Zealand citizen, why must I complete health and police checks?
14. What if I need to provide more documents, how much time do I have to provide these?
15. Can I get an extension on the timeframe for providing outstanding documents?
16. What if I need to translate documents?
17. What are ‘certified copies’ and who is authorised to certify copies of my documents?
18. What if my address changes?
19. My circumstances have changed - do I need to let you know?
20. What is an Assurance of Support (AoS)?
21. How do I withdraw my application?
22. How do I withdraw my sponsorship?
23. Why was my temporary Partner visa refused?
24. Where can I get additional copies of application forms?
25. How do I obtain a visa label for my passport?
26. 26. How do I obtain services from Medicare, Centrelink, the ATO or RTA?
27. How can I provide compliments, complaints or suggestions?

1. Have you received my documents / application / email / fax?

Applications: We aim to acknowledge all new applications within seven working days of receiving the application.

Email: This auto-generated reply confirms receipt of your email.

Fax: We are unable to respond individually to every fax received. You should retain your fax confirmation report as evidence of successful transmission.

Please note that we do not routinely provide confirmation when we receive additional documents or correspondence in support of an application which has already been acknowledged. If your documents were sent by registered post you should first contact Australia Post on 131 318, to check that your documents were successfully delivered to the department.

All correspondence received is assessed for urgency and attached to your application.

If you do not have a current Partner (Temporary) application, please review this FAQ document for the answer to your questions. If you need additional information, please contact our general enquiries line on 131 881, or visit our website. Note we do not provide tailored pre-lodgement advice via this mailbox.

2. When will my partner application be processed?

Every year the Australian Government sets planning levels for Australia's migration program. The planning levels for each visa category, including the Partner visa category, reflect the priorities allocated to these visa categories. The Department has a responsibility to ensure that the number of visas granted overall, and within each category, are in accordance with these planning levels. Within the Department therefore, this means that processing resources are distributed across business areas to ensure that all planning levels are achieved, and that our processing remains within pro-rata of the planning level for each visa category. What this means for our clients is that we are not always able to finalise particular applications as quickly as our clients would want.

The time taken for temporary partner visa applications to be processed and for a decision to be made varies. Information on current service standards is available at:

(http://www.immi.gov.au/about/cha ... arter/visas/5.0.htm)

Our average processing time for a Partner (Temporary) visa is currently 9 months however this should be treated as a guide only. When applications are more complex, or where relevant documents are not provided in a timely manner, applications may take longer to finalise. A range of verification checks will be undertaken prior to the decision to grant a visa. In some instances the checking process may be protracted.

In order to ensure a fair and equitable outcome for all our clients we process applications in the order in which they are received. If there are particular circumstances of a compelling and/or compassionate nature which you consider warrant the finalisation of your application ahead of others in the queue, please bring these to our attention by forwarding a written request, and we will consider the need to bring the processing of your application forward. If you have flagged these in your email, they will be referred to the Manager of the processing team for consideration and you will be provided with a separate response.

The Department appreciates that you, along with all our clients, would like to have your application finalised as quickly as possible. The Department thanks you for your patience and understanding and would like to assure you that every effort is being made to finalise your application as soon as it is possible to do so.

3. How are Partner visas processed?

The combined Partner (UK820 / BS801) visa is considered an application for two separate visas. The two visas are Partner (Temporary) class UK subclass 820 and Partner (Permanent) class BS subclass 801. Partner visas are processed in two stages however you apply for both stages by completing and lodging one application. We refer to the two stages as Partner (Temporary) and Partner (Permanent):

- First stage: If you meet all the legal criteria for the Partner (Temporary) visa, you will be granted a subclass 820 visa. This visa will remain in effect until a decision is made on your Partner (Permanent) visa, which is usually two years after you lodged your Partner visa application.

- Second stage: If after the two year waiting period you meet all the legal criteria of the Partner (Permanent) visa, you will be granted a subclass 801 visa.

4. Can the two year waiting period be waived?

In most cases, the Partner (Permanent) cannot be granted less than two years from when you lodge your application. However, it may be granted without having to fulfill the usual two year waiting period if:

- at the time you apply for the combined application you have been in a partner (that is, either married or defacto) relationship with your partner for three years or more, or at least two years or more if there is a dependant children of your relationship; or

- your partner (that is, your sponsor) was granted a Protection visa or a permanent visa under the humanitarian program and you were in the relationship before the visa was granted and this had been declared to the department at the time.

Such claims must be substantiated with documentary evidence at time of lodgement.

If you wish to make a formal claim of a long term partner relationship at time of application and can provide documented evidence to substantiate your claim, you may provide a written request together with evidence that you and your partner have been in a long term relationship at time of application and request that the department give consideration to the grant of a permanent visa on this basis without having to wait the required two year period.

5. How will my Partner (Permanent) subclass 801 visa be processed?

Shortly before you are assessed for a Partner (permanent) subclass 801 visa, the office assessing your case will write to you to request further information relating to your application. You will be assessed as to whether you continue to meet all the requirements for the grant of a Partner (Permanent) subclass 801 visa. DIAC recommends you retain any evidentiary documents you might accumulate over the two year intervening period so that you can easily demonstrate (with evidence) that your relationship is genuine and continuing at the two year point. To ensure you receive your 2 year letter, you must inform the department if you change your contact details by completing and sending us one of the following forms located at:

(http://www.immi.gov.au/allforms/application-forms/).

Form 929 Change of address and/or passport details.
Form 1022 - Notification of Changes in circumstances

If you have an enquiry regarding a Partner visa application that is being assessed at the second (permanent) stage you should contact the appropriate processing section.
- If your temporary partner application was lodged and processed in Australia, please contact the Victorian Second Stage Partner Processing section (vic.ssp.processing@immi.gov.au).
- If your application was lodged and processed outside Australia, please contact the Queensland Permanent Partner processing team (qld.pp.processing@immi.gov.au).

6. When will I be notified of the status of my application?

You will receive an acknowledgment letter confirming receipt of your Partner visa application within 7 working days of DIAC receiving the application. When your case is allocated to a case officer, you will be advised of any outstanding requirements to finalise your application. You may send outstanding documents to us in the interim (contact details below). Please include your Client ID number, client file number, name and date of birth in all correspondence to help us quickly identify your application. Upon finalisation of your application, you will be notified of the outcome.

Partner (Temporary) Processing Centre NSW
Postal address: GPO Box 9984 Sydney NSW 2001
Courier address: L3, 26 Lee Street Sydney NSW 2000
Email address: partner.temporary.nsw@immi.gov.au
Telephone contact: 13 18 81

7. Can I travel overseas during the processing of my temporary Partner visa?

In order to be granted your temporary Partner visa you must be in Australia. If you need to travel while your visa is being processed and you were granted a Bridging visa A (BVA) upon lodging your partner application, you should apply for a Bridging visa B (BVB). A BVB is the only bridging visa which permits return to Australia, however only holders of a BVA are entitled to be granted a BVB. Therefore, if you are the holder of a Bridging visa other than a BVA, for example a BVC or BVE, you are not eligible to be granted a BVB for travel.

You can apply for a BVB by posting your application form and fee (form 1006, available from our website) to the office that is processing your partner visa application (contact details above). The visa application charge for a BVB can be found at: (http://www.immi.gov.au/allforms/990i/990i-charges.htm). Please note, BVBs will generally not be granted for more than a 3 month period of travel.

Please note also that BVBs can only be granted while you are in Australia and cannot be extended outside of Australia. If you depart Australia while your partner visa application is being processed, and do not obtain a BVB prior to your departure, you may not be permitted to re-enter Australia, and your partner visa will not be able to be granted.

Should you not obtain a BVB and depart and return to Australia on a substantive visa, the Bridging Visa A you were granted upon lodging your partner application will cease upon departure from Australia. Should you find yourself in this situation, on your return to Australia you must complete and submit form 1005 in order to have your Bridging Visa A replaced. Failure to do so may result in you becoming an unlawful non-citizen in Australia. Form 1005 can be found at:

(http://www.immi.gov.au/allforms/pdf/1005.pdf).

Similarly, should you not be entitled to a BVB and you choose to depart Australia on a BVC or BVE, you may find yourself unable to obtain a substantive visa to return to Australia to continue with the processing of your partner application. You should also be aware that in this situation exclusion periods for re-entering Australia may apply and that a decision on your partner application may be made in your absence.

Further information on bridging visas can be found on form 1024i Bridging visas, which is available on the DIAC website at:

(http://www.immi.gov.au/allforms/pdf/1024i.pdf)

8. How do I obtain a police clearance?

You and any of your dependants aged 16 years or over must provide a police clearance certificate from each country where you or they have lived for a total of 12 months or more in the last 10 years since turning 16. This includes dependants (over 16) who are not migrating with you. If you have not already provided this with your application, please do so now. Instructions on how to obtain a police clearance are included in the form “Character Requirements, Penal Clearance Certificates”, available at:

(http://www.immi.gov.au/allforms/ ... character-penal.pdf).

Additionally, if you and / or any dependants aged 16 years or over have spent a total of 12 months or more in Australia, you must also provide a National Police Check from the Australian Federal Police (AFP). Please visit the AFP website at: (www.afp.gov.au) for information on obtaining a National Police Check. Please note that a fingerprint check is not required and the relevant code for this check is ‘Code 33’ Immigration/Citizenship. Please make all the necessary arrangements as detailed in the form. Please ask for the police check to be sent directly to you and when you have received it please forward it to DIAC. Failure to follow the instructions in the online form may result in a non-acceptable police clearance for DIAC purposes.

All police certificates provided to DIAC must be ORIGINALS. You should keep a certified copy of any original documents for your own records. You may wish to send original documents to DIAC by registered post to ensure the documents are delivered safely.

9. Can my dependant child be added to the list of people migrating and if so, how?

A dependant child can be included in your partner visa application provided they can satisfy legislative requirements relating to custody, location and type of visa.

To be considered a dependant child of the principal applicant (PA), your child must:

- be under 18 years of age; or,
- if aged 18 years or over, have been wholly or substantially dependant on the PA for a substantial period (at least 12 months) for their basic needs (food, clothing and shelter); or,
- if aged 18 years or over, be incapacitated for work due to the total or partial loss of their bodily or mental functions.

Your dependant child must not have a partner or be engaged to be married.

If you wish to add a dependant child to the list of people migrating, you must do this before a decision is made on your visa application. A new sponsorship form will also need to be completed by your sponsor for the dependant child, if added subsequent to the initial application. To add a dependant child to the list of people migrating, you should write to your case officer and ask for your dependant child to be added to the application. Please include all the details of the child, including name, date of birth, parents’ full names and dates of birth, in your written request.

Note: If you were in Australia when you applied for your partner visa, your dependant child must also be in Australia when you make the request to have them added to your application. Similarly, if you applied for a partner visa while you were outside Australia, your dependant child must also be outside of Australia at the time you make the request to add the child to your partner visa application.

If you are in Australia when you lodge your visa application, but your dependant child is overseas, you will not be able to include your child in your application. In this situation, once you have been granted a temporary Partner visa, your child may apply for a Dependant Child visa (subclass 445), and if granted, may join you in Australia pending a decision on the permanent application.

For further information about adding a dependant child to your application, go to the following page on our website (http://www.immi.gov.au/migrants/family/child/445/).

10. What evidence must I provide for dependant children?

For each dependant child of yours, you must provide their:

- Birth Certificate showing both parents’ names; baptism certificate; family book (household register); or document issued by a court verifying their identity.
- Name change or change of relationship status (ie. deed poll; previous marriage registry extracts; divorce decree absolute; annulment papers; legal separation papers; or death certificate of spouse (if deceased))
- Current passport or travel document.
- Military service record or discharge papers (if applicable).
- Custody documents issued by a court.

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11. How do I prove that I have custody of a child under 18 years of age?

If your application includes a child under 18 years of age and that child's other parent is not migrating with you, or if there is any other person who has the legal right to determine where that child can live, you must provide:

- Evidence that the law of your home country permits you to remove the child to Australia (eg evidence of an overseas court order granting you sole custody of the child) and
- Evidence that each person who can lawfully determine where the child is to live consents to the grant of the visa. This evidence should be one of the following:

o A statutory declaration or a legal document signed by the child's other parent (or any other person who can lawfully determine where the child shall live) consenting to the grant of the visa
o Evidence that the child's other parent is deceased, such as a certified copy of the death certificate
o Evidence that the grant of the visa would be consistent with any Australian child order in force in relation to the child. Such evidence should be the Australian Court order providing you with sole responsibility to decide where the child should live.
In the case of a step-child, you must provide evidence that you were in a relationship with the child's parent and that you have been awarded one of the following:

- A residence order in force for the child under the Australian Family Law Act 1975
- A specific issues order in force under the Australian Family Law Act 1975, giving you responsibility for the child's long term or day-to-day care, welfare and development
- Guardianship or custody decreed under a Commonwealth, State or Territory law or a law in force in a foreign country.

12. I am sponsoring a minor dependant, why do I need police checks?

The Australian Government wants to ensure that children seeking to enter Australia as dependants on Partner visas are protected from being sponsored by people with convictions for child sex offences or other serious offences which might pose a significant risk to a child in their care.

In order for the applicants to be granted this visa, the sponsor of minor applicants must provide the department with police certificates. All police certificates provided to DIAC must be ORIGINALS.

If the sponsor spent a total of 12 months or more in Australia since turning 16, the sponsor must provide the National Police Check (or police certificate) from the Australian Federal Police. For further information and forms please refer to:

(http://www.afp.gov.au/what-we-do ... -police-checks.aspx).

In addition, sponsors who have more than 12 months in total in any other country since turning 16 and during the last 10 years, are required to provide police certificates from each of those countries. The process to obtain police certificates is outlined in our Character Requirements Penal Clearance Certificates form available at:

(www.immi.gov.au/allforms/charact ... character-penal.pdf).

Further information regarding child protection is available on our website at:

(www.immi.gov.au/migrants/_pdf/child-protection-qa.pdf).

13. I am a New Zealand citizen, why must I complete health and police checks?

New Zealand citizen sponsors must meet health and character requirements. This is a legal requirement of all sponsors who are not Australian citizens and not Australian permanent residents.

14. What if I need to provide more documents, how much time do I have to provide these?

If you are asked to submit additional documents, your case officer will provide you with a timeframe for providing these documents. Please be aware that the department may make a decision on your application without requesting additional information. Therefore, you should provide us with all the information you feel is relevant. Please visit the DIAC website for information on additional evidence that may be required in order for your visa application to be processed:

(http://www.immi.gov.au/migrants/_pdf/820-801-checklist.pdf)

15. Can I get an extension on the timeframe for providing outstanding documents?

If you are unable to provide the requested documentation within the timeframe specified but have a genuine reason for requesting an extension, the time limit for providing outstanding documents may be extended. You should contact your case officer at the contact address provided in the letter requesting further documents.

16. What if my documents are not in English?

All documents provided to DIAC in support of your application must be in English. Original documents in languages other than English must be accompanied by an official certified English translation by a translator who is accredited by the National Accreditation Authority for Translators and Interpreters. For more information, go to the NAATI website at (www.naati.com.au). Translations provided by non-accredited translators outside Australia should be endorsed by the translator with their full name, address, telephone number and details of their qualifications and experience in the language being translated.

17. What are ‘Certified Copies’ and who is authorised to certify copies of my documents?

If you are submitting police clearance certificates and/or health assessments, these must be ORIGINALS. All other documents provided in support of your application must be either ORIGINAL or CERTIFIED copies. ‘Certified Copies’ are copies of documents authorised or stamped as being true copies of original documents by a person or agency recognised by the law of your country. In Australia, they must be certified by a justice of the peace, a commissioner for declarations or by a person before whom a statutory declaration may be made. A full list of persons before whom a statutory declaration may be made is available on the Attorney-General’s Department website:

(http://www.ag.gov.au/www/agd/agd.nsf/Page/Statutory_declaration).

18. What if my address changes?

If you intend to change your residential address for more than 14 days while your application is being processed, you must notify the department of your new address prior to moving and advise how long you will be residing there.

If you change your address, you can notify the department by returning a completed Form 929 'Client Change of Address' to the team processing your application as advised in your acknowledgement letter. This form is available on our website at (http://www.immi.gov.au/allforms/application-forms/).

19. My circumstances have changed - do I need to let you know?

You must notify the department of any changes in your circumstances that affect any answers on your application form. You are required by law to notify the department within 14 days of the event if:

- you change residential address for more than 14 days.
- the composition of your family changes as a result of birth or death.
- your relationship status changes (i.e. married, separated, divorced, break down).
- you intend to travel outside Australia.
- the financial circumstances of your sponsor or your assurer change.
- changes occur affecting your name; passport; character; health.

To notify the department of changes to your circumstances, please complete and send us Form 1022 'Notification of Change of Circumstance'. This form is available on our website at: (http://www.immi.gov.au/allforms/application-forms/).

You should also read Form 1025i 'Visa Applications - Information on the Making and Processing of Visa Applications'. This form is also available on our website at: (http://www.immi.gov.au/allforms/booklets/).

20. What is an Assurance of Support (AoS)?

An AoS is a legal commitment by a person (not necessarily the sponsor) to repay to the Australian Government certain welfare payments. It is also a commitment to provide financial support to the person applying to migrate (the assuree), so that the assuree will not have to rely on social welfare payments. An AoS may be requested where applicants are assessed at being at risk of becoming a charge on Australia’s welfare system. This request is based upon consideration of the education, skills, employment history, English language capacity and age of the visa applicant and sponsor.

Centrelink is responsible for assessing AoS applications (in cases where we request one) and will provide information about:

- Who can be an assuror.
- How many assurances are required.
- The welfare payments that are recoverable under the AoS scheme.
- Forms and documents required to support an AoS application.

Centrelink will:

- Assess the financial capacity of the proposed assuror(s)
- Explain to the assuror(s) the financial and legal implications of an AoS commitment
- Advise both DIAC and your assuror(s) of the outcome of the AoS assessment.

If you are asked to provide an AoS and require further information please call Centrelink on 132 850 or visit their website at (www.centrelink.gov.au).

The AoS period commences on the date of:

- Visa grant, for Partner applications decided in Australia.
- Arrival in Australia for TO-300 (Prospective Marriage) holders.

21. How do I withdraw my application?

If you do not intend to proceed with your partner application, you can withdraw your application at any stage during processing. In order to withdraw your application you are required to advise DIAC in writing. Your written advice must include details of all applicants wishing to withdraw their application including their names and dates of birth. The request must be signed by each person aged 18 years or over. Please note that withdrawal of an application may affect your right to remain in Australia, if you do not also hold a substantive visa which permits you to remain.

22. How do I withdraw my sponsorship?

As a sponsor, you should immediately notify the department if your relationship with your partner breaks down. To withdraw your sponsorship you must advise DIAC in writing. We will provide you with written confirmation that we have received your withdrawal. Please be aware that in these circumstances Australian privacy laws prevent you from receiving further advice or being given information in relation to your former partner’s visa application.

Withdrawal of support for the partner visa applicant does not lead to the automatic refusal of that person’s visa application or their immediate removal from Australia. Under migration legislation the applicant may have other grounds for remaining in Australia. Following withdrawal of sponsorship, the applicant is invited to provide us with information supporting any claim to remain in Australia notwithstanding the withdrawal of sponsorship. The former sponsor is not advised as to the outcome of the partner visa application.

23. Why was my temporary Partner visa refused?

Please refer to your decision letter which sets out the reasons for the refusal decision. As the legal decision to refuse your application has been made, there is no legal scope to have the decision reconsidered by this department.

If you validly applied for a partner visa while you were in Australia and the department refuses the grant of the visa, the applicant may seek a review of the decision with the Migration Review Tribunal, and the letter notifying the applicant of the decision on the visa application provides information on how this can be done, including timeframes for making that review application. Note that the applicant must be in Australia at the time of lodging the review application.

If the partner visa application was made outside Australia and the department refuses the grant of the visa, the sponsor may apply for a review of the decision with the Migration Review Tribunal. You must ensure that an application for review of the decision to refuse the grant of a partner visa is lodged within the timeframe specified in the visa decision letter.

In accordance with migration legislation, extensions of the time in which you or your sponsor have to lodge the review application cannot be given. For more information on review of migration decisions, see the Migration Review Tribunal website (www.mrt-rrt.gov.au) or contact the Migration Review Tribunal on 1300 361 969.

24. Where can I get additional copies of application forms?

All our forms, including Form 47SP (for partners) or Form 40SP (for sponsors), are available as printable PDF files from the department’s website: (www.immi.gov.au/allforms/).

25. How do I obtain a visa label for my passport?

Australia’s modern electronic visa system does not require you to have a partner visa label placed in your passport to confirm your immigration status and entitlements in Australia.

Visa Entitlement Verification Online (VEVO) is a free internet service that can be used by you, employers, banks and government services to check your visa details. Information on VEVO can be found via our website on: (www.immi.gov.au/e_visa/veto.htm).

If you wish to have a visa evidenced in your passport however you may present your passport to any DIAC client service counter with a copy of your visa approval letter. If you are unable to present your passport yourself, you may provide written authorisation for another person to present your passport on your behalf.

26. How do I obtain services from Medicare, Centrelink, the ATO or RTA?

Any questions concerning other Government Departments such as Medicare Australia, Centrelink, Australian Tax Office (ATO), Roads & Traffic Authority (RTA) should be directed to the relevant offices for information. This department cannot provide advice on these matters, as they fall outside the responsibility of Australian Immigration.

27. How can I provide compliments, complaints or suggestions?

To provide a compliment, complaint or suggestion you can:

- Call our Global Feedback Unit during business hours on 133 177 (toll free within Australia) or;

- Complete our feedback form online at: (www.immi.gov.au/contacts/forms/services/services-form.htm) or;

- Write to: The Manager, Global Feedback Unit, GPO Box 241, MELBOURNE VIC 3001 or;

- Complete our ‘Compliments and Complaints’ form available at any departmental office.

We will use your feedback to improve our services.

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