Things To Know Before Applying For An Australian Partner Visa

If you want to visit your Partner/Spouse in Australia, you need to lodge a Partner visa 309/100 application.  To acquire the Permanent Partner (Migrant) Visa (subclass 100), you first have to acquire a Temporary Partner (Provisional) Visa for Australia (subclass 309).

But before you apply, here are few things you might be unaware while applying.

 

  • You don’t have to be married to visit your partner in Australia.
  • The necessity of a 12-month period of living together can be overlooked.
  • You can visit your partner during the processing time of the application.
  • You can add your child to the application after it is lodged.
  • You can apply for a de facto visa, even if you are still married (but separated) to someone else.

 

  1. You don’t have to be married to visit your partner in Australia.

 

If your partner is an Australian citizen or Australian permanent resident or eligible New Zealand citizen, you don’t have to be legally married to your partner to lodge a Partner Visa for Australia. Then, this would generally require you to exhibit evidence of your living together for at least a period of 12 months before lodging.

 

  1. The necessity of a 12-month period of living together can be overlooked.

 

You might have heard the rule that it is necessary for a couple to have proof of living together for at least 12-months before lodging for a Partner visa. Well, not anymore! It is recognized that, for certain reasons, a couple may have to live separately. Therefore, the one-year relationship norm does not ask the couple for a proof of having physically lived together, rather be in a de facto relationship for that period of time.

 

  1. You can visit your partner during the processing time of the application.

 

After lodging Temporary Partner Visa for Australia offshore, you can still visit your partner during the processing time. It doesn’t oblige you to stay in your country during that period. But, when your visa is ready and you’re still onshore, the Immigration Department will let you know and give you the notice to fly back before it’s granted, for, a Temporary Partner Visa (subclass 309) will not be granted unless you’re offshore.

 

  1. You can add your child to the application after it is lodged.

 

During the processing time of the Partner visa application, if you decide to add your dependent child or stepchild to the application, the Australian Immigration law allows it. The child should first be granted a Dependent Child visa (subclass 445) after which he/she can visit or stay in Australia. Also, after the temporary Partner visa has been permitted to their parent, the child can be added to the permanent Partner visa application.

 

If you are submitting numerous pages of the same document, then include all the pages in one file rather than loading each page as a separate file. And, if you are required to submit pictures as evidence of a relationship then consider printing and scanning multiple pictures into one.

 

Also, if you have reached your limit and had more documents to attach, you will need to wait until your application has been allocated to a case officer. They will advise you of what additional information or documents you need to provide and how to do so.

 

If you have any queries or want to know more about Australia Partner Visa, always take assistance from certified Immigration Consultants!

 

How To Apply For Canadian Spouse Visa

Canada is one of the perfect countries to settle with family and enjoy the quality life. The family sponsored visas are the key feature of the Canada immigration, which allow the permanent residents and citizens in Canada to sponsor their eligible family members including spouse, parents and grandparents, dependent children, etc. to get permanent residency in Canada.

 

Spousal Sponsorship Program is one of the most popular Immigration programs in Canada. Thousands of people apply for Spousal Sponsorship visa in Canada every year and obtain the same as well.

Spousal Sponsorship in Canada

 

The Spousal Sponsorship Program of Canada, a sub-category of the Family Sponsorship Program, allows the Canadian permanent residents and citizens to sponsor their spouse or Common-law-partner to obtain Permanent Residency in Canada.

 

However, both the sponsors (i.e. Canadian Permanent residents and citizens) and the foreign national (the sponsored person) must be authorized by IRCC (Immigration Refugees and Citizenship Canada) in order to do the same.

Who can be a sponsor?

To sponsor the Spousal Sponsorship visa, the sponsor needs to be related to the sponsored person as a,

  • Spouse
  • Common-law Partner
  • Conjugal Partner

Types of Sponsorship

The spousal sponsor in Canada is of two types – Outland Sponsorship and Inland Sponsorship

 

Outland Sponsorship:

The Outland sponsorship route is usually chosen when the sponsored person is living outside Canada. The outland applications are generally received and processed at the visa office in applicant’s home country or where they have resided legally for at least one year. However, it is possible for a spouse/common-law partner living in Canada to apply through the Outland program as well.

 

Inland Sponsorship:

Inland pathway is the other option available to apply for Spousal Sponsorship program. Inland Sponsorship is the situation where both the partners are together in Canada and the foreign spouse/common-law partner being sponsored has the temporary status in Canada, i.e. visitor, worker student, etc. A person being sponsored for Spousal Sponsorship Visa may also eligible to apply for an Open Work Permit to work in Canada, while the sponsorship application is being processed.

Eligibility Criteria to be a Sponsor:

Apart from being a Canadian citizen or Canadian permanent resident, the sponsor must meet certain requirements for Spousal category Sponsorship. These include:

 

  • The sponsor must be at least 18 years or above
  • The sponsor needs to demonstrate that he/she is not getting any social assistance (apart from disability if any)
  • The sponsor must be able to demonstrate that he/she can provide basic needs to the sponsored person, i.e. his/her spouse or partner
  • If the sponsor is residing in Quebec province of Canada, he/she needs to fulfill Quebec’s conditions for sponsorship.
Canada Spouse Visa processing time:

In cases of spousal and common-law partner sponsorships Immigration Refugees and Citizenship Canada (IRCC) is totally committed to issue visas as quickly as possible. IRCC aims to process applications submitted through the Spousal Sponsorship Program within 12 months.

 

Do you need assistance or support to apply for Canadian spouse visa?

 

If you are looking to apply for Canadian spouse visa you may contact the certified and highly experienced Canada migration experts at Prominent Overseas Careers.

 

Know The Best Ways To Bring Your Spouse To US

If you are a United States citizen married to a foreign national, and you want to sponsor your spouse’s immigration, you are probably wondering what the best and fastest way to do it is. This is not an easy question.

 

In some cases, the fastest way to bring your spouse to the United States may not be the best one, and a mistake can lead to unfavorable consequences for your family.

 

This section will help answer some of the basic questions you may have. However, you should be careful and talk to an experienced immigration lawyer about your specific case in order to avoid any potential problems and complications.

 

Immigration for Spouse Who Is In the United States / Adjustment of Status (AOS)

 

If your foreign spouse is in the United States, he or she may file for adjustment of status (green-card) at the same time when you file your Petition for Alien Relative for him or her.

 

Note that you can do that even if your spouse does not currently have a valid immigration status or violated their status, as long as he or she entered the United States legally. Your spouse can also apply for employment authorization (work permit) and travel authorization (travel document) at the same time.

 

Provided that you file everything correctly and your case does not encounter problems, your spouse may receive his or her green-card as soon as in four (4) to six (6) months. If the process lasts longer, the foreign spouse may be able to work in the United States and travel outside the United States while his or her immigration process is pending.

 

Currently, adjustment of status provides a faster immigration process compared to consular processing. In addition, adjustment of status applicant does not have to obtain police clearance records from abroad, as applicants for consular processing do.

 

However, in order to be eligible for adjustment of status an applicant must be physically present in the United States, which could present a difficulty for some couples.

 

If your spouse leaves the United States while his or her adjustment of status is pending, without first securing advance parole travel permission, his or her adjustment application will be considered abandoned (unless he or she is an H or L visa holder and maintains H or L status).

 

In addition, foreign spouse who leaves the United States while his or her adjustment of status application is pending, may trigger 3- or 10-year bar, which prohibits him or her from entering the United States for 3 to 10 years, if he or she had accrued more than 180 days (approximately 6 months) of unlawful presence in the United States. While advance parole also does not guarantee that such immigrants will be able to enter the United States after an absence, recent legal precedent has been in favor of advance parole holders with pending adjustment of status applications.

Benefits of K-3 / K-4 Visa

 

Once admitted to the United States, K-3 visa holders may apply to adjust status to a permanent resident with the USCIS at any time. Upon admission to the United States, K-4 visa holders may file an application for adjustment of status concurrently with or at any time after a Form I-130 has been filed on his or her behalf by the U.S. citizen petitioner. For more information, please see the USCIS website: K-3/K-4 Nonimmigrant Visas.

 

Upon admission, K-3 and K-4 nonimmigrant visa holders may obtain employment authorization. Upon filing an application for adjustment of status, K-3 and K-4 nonimmigrant visa holders may also apply for employment authorization based on that pending application even if the K-3 or K-4 nonimmigrant status expires.

Limitations of K-3 / K-4 Visa

 

When both petitions, I-130 and I-129F, have been approved by USCIS and sent to the National Visa Center (NVC), or when USCIS approves the I-130 before the I-129F, the availability of, as well as the need for, a nonimmigrant K-3 visa ends.

 

  • The nonimmigrant K-3 visa case will be administratively closed.
  • The K-3 non-immigrant visa application process will not be available to the foreign-citizen spouse and cannot be used.
  • The NVC will contact the U.S. citizen sponsor and foreign-citizen spouse with instructions for processing the immigrant visa.

 

However, in reality, the processing of I-129F petitions necessary for K-3 visas usually takes nearly as long as the processing of the I-130 petitions needed for immigration. Therefore, at present, it usually makes sense to file for K-3/K-4 visa only as insurance, in case the processing of I-130 petition gets extremely delayed.

 

In normal circumstances, when the I-130 petition is approved within a reasonable timeframe, the foreign spouse can immediately undergo the consular processing and enter the United States as a permanent resident, thus eliminating the need for K-3 visa as well as the need to go through adjustment of status process in the United States.

Avoiding Potential Problems while bringing the spouse to the US

 

The immigration process for a foreign spouse living abroad may seem long and complicated, and people often wonder if there is a way around it. Sometimes, couples think that it would be easier and faster if the foreign citizen comes to the United States on a visitor’s or tourist visa, marries the U.S. citizen, and adjusts his or her status in the United States. For couples who are already married, there is a temptation for the foreign spouse to come to the United States as a visitor or tourist and adjust her status in the United States. However, doing so can be dangerous and have very serious consequences for the foreign spouse’s immigration.

 

If you want to avoid anxiety and uncertainty of handling your own case, you have come to the right place. We try to expand and update the information and content on our website, by frequently adding new resources, tips, guides, and Q&As.

 

Thank you for reading this Blog! Happy Weekend!

 

Want to migrate to Canada from India with Family? Now it is much easier

 

Canada has always been a very friendly country for immigration. There is a large population of Indians who Immigrated to Canada and have been accepted as residents or permanent citizens of Canada. This blog reveals some very important tips on how to migrate to Canada with the family.

However, let’s find out the benefits of migrating to Canada with the family:

  • Canada is a friendly country for immigrants with zero discrimination against immigrants.
  • The government promised to provide equal rights, opportunities and legal support to foreign immigrants similar to citizens.
  • Subsidized education and medical benefits for the whole family make the country extremely favorable for raising children.

Who can accompany you while you migrate to Canada?

  • Spouse: The IRCC assumes that your spouse will accompany you unless you do not mention yourself as single on your profile. You do not need to apply separately for your spouse.
  • Children: children under the age of 22 are considered in their profile. Mentally unstable children or children with different disabilities are also considered as their dependents.
  • Parents / Grandparents: You must sponsor your parents and grandparents only after you have settled in Canada and lived there for a considerable period.

Things to remember before immigrating to Canada from India with the family:

  • You must provide financial support in case they are not working or have retired.
  • Members of your family should be eager to make every effort to stay in Canada.

For what reasons you may be prevented from sponsoring your family:

  • If you did not offer financial support to some family members you previously sponsored
  • If you have ever been an offender in a court support order
  • You have received financial assistance or support from the Canadian government, with the exception of disability support
  • You have been convicted of violence or sex crime on any of your relatives in Canada
  • Currently a prisoner under Canadian law or has been declared bankrupt.

Why should I choose Prominent Overseas Careers for Canada Immigration?

Planning to migrate to Canada from India, then I can suggest that Prominent Overseas Careers is one of the best immigration consultants in India. For more information related to Canadian immigration updates, you can contact the best immigration consultants or sign up for your free visa evaluation.