Marriage Visa Archives - Visa Consulate - Visa Information For Any Country https://visa-consulate.com/category/visa-types/marriage-visa/ Visa Information For Any Country Thu, 28 Sep 2023 22:56:06 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 https://visa-consulate.com/wp-content/uploads/2023/09/cropped-VISA-CONSULATE-FAVICON-150x150.jpg Marriage Visa Archives - Visa Consulate - Visa Information For Any Country https://visa-consulate.com/category/visa-types/marriage-visa/ 32 32 UK Spouse Visa https://visa-consulate.com/uk-eu/uk-spouse-visa/ Sat, 07 Jan 2023 21:21:34 +0000 https://visa-consulate.com/?p=6404 British citizens and settled persons who have a spouse living outside the United Kingdom can take them to the UK through the Spouse Visa, which falls under the Family visa category. The UK spouse visa, also known as Marriage Visa in the UK, is a UK family visa, and it is the type of visa you will...

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British citizens and settled persons who have a spouse living outside the United Kingdom can take them to the UK through the Spouse Visa, which falls under the Family visa category.

The UK spouse visa, also known as Marriage Visa in the UK, is a UK family visa, and it is the type of visa you will need if you want to enter and remain in the UK to live with a partner (spouse/fiance) for more than 6 months.

Do I Qualify for the UK Spouse Visa?

To qualify for the UK Spouse visa, the UK resident, and the applicant that wants to join them in the UK, both must fulfill some criteria set by the Immigration Authorities in the UK. The main condition for the Spouse visa is that both, the resident and the applicant must be over 18 since the British law does not recognize marriages under the age of 18.

The other eligibility criteria are as follows:

  • The person you want to join must be a British citizen.
  • Your marriage or civil partnership must be recognized in the UK.
  • Your relationship must be at least two years old when you apply (this is to prevent arranged marriages which the British law does not recognize).
  • If you are a fiance you must show proof you will marry within 6 months.
  • If you are a proposed civil partnership you must show proof that within 6 months, you will be entering into a civil partnership.
  • The partner living in the UK must meet the financial requirement.
  • The applicant must meet the English language requirements.

Relationship Legitimacy for UK Spouse Visa

In order for you to be eligible for a UK Spouse Visa, your relationship must be recognized by the UK authorities. This is the first part of your application towards obtaining a UK visa.

You should be very careful when submitting proof for your marriage/relationship because if the embassy or consulate where you are applying at suspects that you are in a fake marriage/relationship for visa benefits, they will automatically refuse your visa application.

Clarifications of terms

TermClarification
Registered MarriagesThe applicant and the UK resident need to submit the marriage certificate issued by the government or other formal governments from other countries, as evidence of a registered marriage.
Civil PartnershipCivil Partnership is called the relationship between a same-sex couple. Though not recognized as a marriage, the Civil partnership couples have the same rights as married couples.
Traditional MarriagesTraditional marriages that are not registered are not legally recognized, therefore these relationships must be registered at Home Affairs.
Fiancé, fiancée or proposed civil partnerIf you’re applying as a fiancé, fiancée or proposed civil partner, you will have to submit proof that your previous marriage(s) or civil partnership(s) have ended, if any. And also you will have to show proof that you plan to marry your partner within 6 months of arrival in the UK.

UK Spouse Visa Document Checklist

The UK Spouse visa required documents that you will have to submit when you go to meet with the consular officer are the below listed:

  • UK visa application form. For the spouse visa you will need to submit the form VAF4A.
  • Valid passport with at least an empty page in order to be able to affix visa.
  • Your previous passports.
  • Two passport-sized color photos that are in line with the requirements set by the UK.
  • Proof of English language requirement.
  • Proof of financial means.
  • Proof of relationship as photos of you two together, etc.
  • Your full name.
  • Your date of birth.
  • Details of any previous immigration applications, if any.
  • Certificate of criminal record.
  • Your national insurance number, if any.
  • Your parents’ date of birth and nationality if you’re applying from outside the UK.
  • Proof of accommodation. You will need to present a document that shows where you will be accommodated while in the United Kingdom.
  • Biometric information. This includes giving your fingerprints and a digital photograph taken at the appropriate application center.
  • Proof of paid spouse visa fees. You should submit the receipt that confirms you have paid the visa fee as required.

What Are the Financial Requirements for the Spouse Visa UK?

If you are bringing your spouse to the UK you must prove that you both have a combined income of at least £18,600 a year.

This is the most important part of your application, that many fail to fulfill, therefore have their visas rejected. The UK doesn’t want to bring people that are not capable of financially maintaining themselves, therefore they are requiring them to be able to earn a minimum amount of money.

What counts as proof of financial subsistence?

The following sources of income can be counted in order for you to meet the UK Spouse Visa income requirements:

  • your salary, if you earn it in the UK.
  • cash savings above £16,000.
  • pension money.
  • non-work income, i.e. property rentals or dividends.

Documents to prove financial subsistence for UK Spouse visa

In order to prove your income, you will have to submit proof, as:

  • bank statements of the partner already residing in the UK.
  • 6 months of payslips.
  • A letter from an employer which includes the job title, the period he or she has worked there, the current salary and also payslips

If bringing your children

If you are planning to bring to the UK your children who aren’t British nationals or EEA nationals, alongside with your partner, you will have to:

  • earn an extra £3,800 for your first child.
  • earn an extra £2,400 for each child you have after your first child.

Spousal Visa UK Language Requirements

One of the very important UK Spouse visa requirements is that of English language knowledge. When you submit your visa application, you shall also submit some document that proves your English knowledge.

You can prove your knowledge of the English language by:

  • submitting a document or academic qualification that was taught or researched in English, which is recognized by UK NARIC as being equivalent to a UK bachelor’s degree or higher
  • taking an approved English language test and passing it with at least a CEFR level A1 in speaking and listening.

Who needs to provide proof of English language proficiency?

Exempt from English knowledge requirement are the residents of the countries listed below:

  • Antigua and Barbuda
  • Australia
  • The Bahamas
  • Barbados
  • Belize
  • Canada
  • Dominica
  • Grenada
  • Guyana
  • Jamaica
  • New Zealand
  • St Kitts and Nevis
  • St Lucia
  • St Vincent and the Grenadines
  • Trinidad and Tobago
  • USA

And also applicants that belong to one of the categories listed below:

  • Children.
  • Applicants over 65.
  • Applicants coming to be cared for by a relative.
  • Applicants with a physical or medical condition that prevents them from meeting the requirement.

UK Spouse Visa Application

You will need to apply online if you are applying from outside of the UK. To begin your UK spouse visa application you have to complete the form VAF4A.

Whereas, if you are in the UK you have two choices. You can apply online, or by post. You can also apply at a premium service center. In order to do so, you will have to fill in the form and book an appointment, or make an online application and book an appointment.

UK Spouse Visa Fee

The UK Spouse Visa fees depend on the way you apply. If you apply for a UK spouse visa from outside the UK to join your partner you will have to pay a fee of £1,464. Whereas if you apply for Spousal Visa in the UK online or by post the fee will cost to you £993, and £1,583 if you apply in the UK in person with the premium service.

You will have to pay an extra £1,464 for each dependant if you apply outside the UK, £993 if you apply in the UK online or by post and £1,583 if you apply in the UK in person with the premium service.

How Long Does it Take to Get a UK Spouse Visa?

To get a UK spouse visa it takes up to 12 weeks, or up to 8 weeks if you apply within the UK either online or by post. On the other hand, if you apply in person in UK then you will get an answer regarding your UK Spouse Visa application, within a day

However, application processing might take longer if:

  • you do not meet the income requirement.
  • cannot prove your English knowledge.
  • need to attend an interview.
  • have a criminal record.
  • haven’t provided all of the required documents.

How Long Can I Stay in the UK With a Spouse Visa?

If you have applied to join your spouse, you will get permission to stay in the UK for 2 years and 6 months, whereas if you have applied as a fiance or proposed civil partner, you will be permitted to stay for six months. After this period you will have to extend your stay.

How Can I Apply for an Extension of the Spouse Visa in the UK?

You will be permitted to apply for a UK spouse visa extension, 28 days before the expiration of your current UK visa. Among others, you will have to prove that you and your partner have been continuously living together during your time in the UK, in order to get a visa extension.

What Are Other Types of Family Visas for the UK?

Besides the Spouse Visa, other types of UK Family visas include:

  • Parent visa
  • Child visa
  • Visa for a relative who will provide long-term care for you

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Mexico Temporary Resident Visa https://visa-consulate.com/permanent-residence-permit/mexico-temporary-resident-visa/ Wed, 04 Jan 2023 11:24:11 +0000 https://visa-consulate.com/?p=5992 Any foreign national who wants to live and work in Mexico legally must get a Mexico Temporary Resident Visa and a Mexico Work Permit. There are three types of Mexican visas: This article aims to serve as a guide to the Temporary Resident Visa and its types, specifically the Work Visa and Work Permit for...

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Any foreign national who wants to live and work in Mexico legally must get a Mexico Temporary Resident Visa and a Mexico Work Permit.

There are three types of Mexican visas:

  • The Tourist Visa, which allows the holder to stay in Mexico for up to 180 days for purposes that do not include lucrative activities (paid employment).
  • The Temporary Resident Visa, which is issued to foreign nationals who want to live in Mexico for longer than 180 days. In addition to a Mexico Work Permit, the holder is allowed to live and work in Mexico legally for up to four years, which is known as a Mexico Work Visa. Guide to getting a temporary resident visa for digital nomads in Mexico.
  • The Permanent Resident Visa, which is issued to foreigners who want to permanently settle in Mexico. This type of visa is most common for retirees, which is why it’s also referred to as a Mexico Retirement Visa. Foreigners with close family ties to Mexico as well as those who have lived in Mexico for a considerable amount of time are also eligible for permanent residency in Mexico.

This article aims to serve as a guide to the Temporary Resident Visa and its types, specifically the Work Visa and Work Permit for Mexico.

Types of Temporary Resident Visa for Mexico

The main types of Temporary Resident Visas for Mexico are:

  • The Mexico Work Visa, which allows the holder to take up paid employment in Mexico. In order to get a Mexico Work Visa, the applicant must initially get a Work Permit. See a more detailed explanation of the Mexico Work Visa lower on this article.
  • The Mexico Student Visa, which is issued to foreign students who want to pursue their studies in a Mexican educational institution. Click here for a more detailed explanation of the Mexico Student Visa.
  • The Mexico Family Visa, which is issued to foreigners who want to join a close family member who is living in Mexico. Click here for a more detailed explanation of the Mexico Family Visa.

What are the Requirements for a Mexico Temporary Resident Visa?

When applying for a  Temporary Resident Visa for Mexico, you must have several supporting documents with you, such as:

  • A Mexico Visa Application Form, printed and signed. If the applicant is a minor, the parents or legal guardians have to sign the application form.
  • A passport or other travel document, which has blank pages so the visa can be affixed.
    • Also include a photocopy of your passport’s relevant pages
  • Recent passport-size pictures in line with Mexico requirements
  • Visa fee payment
  • Additional documents related to your purpose of travel, such as:
    • Proof of family relationship, for Mexico Family Visas
    • Proof of enrollment in a Mexico educational institution, for Mexico Student Visa
    • Proof you have obtained a Mexico Work Permit and a copy of your work contract if applying for a Mexico Work Visa
  • Any additional documents that the Mexican embassy asks you to provide.

How to Apply for a Mexico Temporary Resident Visa?

The application process for obtaining a Temporary Resident Visa for Mexico is divided into two parts:

  • Applying for the Temporary Resident Visa at a Mexican embassy
  • Exchanging the Temporary Resident Visa into a Temporary Residence Card at the National Immigration Institute (Instituto Nacional de Migracion (INM)) in Mexico

Applying for the Temporary Resident Visa

The application process for getting a Mexico Temporary Resident Visa is:

  1. Contact a Mexico embassy to set up an appointment. You can find a list of Mexican embassies here.
  2. Complete the Mexico Visa Application Form. You can find the application form on the website of the Mexico embassy where you will apply or at the embassy itself.
  3. Collect the required documents. See the requirements for a Mexico Temporary Resident Visa below.
  4. Submit the application and pay the visa fee. On the date of your appointment, you must submit the documents and application form at the Mexico embassy. You also have to pay a Mexico visa fee.
  5. Wait for the visa to be processed
  6. Pick up your passport. If the application is approved, the visa will be affixed to your passport.
  7. Travel to Mexico and exchange your Temporary Resident Visa into a Temporary Residence Card

Keep in mind: Different embassy offices may have their own different requirements when it comes to the visa application process. This is why it is important to always contact them or visit their website to learn about the specific requirements, opening hours, etc.

Exchange the Temporary Resident Visa into a Temporary Residence Card

Within 30 days of arriving in Mexico with a Temporary Resident Visa, you must apply to exchange it into a Temporary Residence Card. You can get your Residence Card at an office of the National Immigration Institute in Mexico. When you apply, you should have the following with you:

  • The Resident Card request form, which you can download from the website of the Immigration Offices.
  • Your passport with the Temporary Resident Visa affixed
  • The Forma Migratoria Múltiple (FMM) which you received at the airport
  • Payment of the Resident Card
  • A cover/request letter for the Temporary Resident Card addressed to the Instituto Nacional de Migración
  • Any additional documents related to your purpose of travel

Mexico Temporary Resident Visa Processing Time

The processing time for a Mexico Temporary Resident Visa depends on the embassy in which you apply. You can expect to wait anywhere from one week to a month. This is why it is advisable that you apply for a visa at least one month before you plan to travel to Mexico.

Mexico Temporary Resident Visa fee

The fee for a Mexico visa is around $36. However, the visa fee may change depending on the country in which you submit your application, as does the payment method. Some embassies may require you to pay the fee upfront via bank transfer while others ask you to pay in cash.

You will also have to pay for the Tourist Card once you land , which may be between $15-$30. The prices for a Mexico Tourist Card may change slightly from time to time.

Additionally, you also have to pay a fee for the Mexico Temporary Resident Card at the INM. You have to pay a processing administrative fee as well as the fee for the card itself. The price of the Temporary Resident Card depends on the number of years it is issued for, and ranges from 3,000 to 7,000 Mexican Pesos.

What is the Duration of a Temporary Resident Visa Mexico?

The duration of the Temporary Resident Visa itself is 180 days. This is why once you arrive in Mexico you must apply to turn it into a Temporary Resident Card within 30 days.

The Mexico Temporary Resident Card is valid for one year on the first issuance and can be renewed for another one, two, or three years.

After four years of living with a Temporary Resident Visa, you become eligible to apply for Permanent Residency.

How to Renew a Temporary Resident Visa for Mexico?

At least 30 days before your current Temporary Resident Card expires, you must apply for a renewal at the Instituto Nacional de Migración. You can renew your Temporary Residence Card for up to four years, which is when you can get a Permanent Residence Card.

How to Apply for a Mexico Work Visa?

The application for a Mexico Work Visa is the same as for all other types of Temporary Resident Visas (see above). However, the difference is in the process before you apply for the visa.

Before you submit a Mexico Work Visa application at the Mexican embassy, your employer has to get a Work Permit on your behalf from the National Immigration Institute. This means you must already have a job offer in Mexico beforehand. As such, the application process for a Mexico Work Visa is:

  • Find a Mexican employer
  • Your employer obtains a Mexico Work Permit for you
  • Within 15-30 days of obtaining the Work Permit, you must apply for a Temporary Resident Visa from a Mexican embassy abroad
  • Once you enter the country, you must get a Temporary Residence Card from the National Immigration Institute

How to apply for a Mexico Work Permit?

It is your employer who applies for the Mexico Work Permit on your behalf. When they apply, they must submit the following documents at the National Immigration Institute:

  • The Mexico Work Permit Request Form
  • The original job offer/contract, stating the full details of the job: your salary, the duration of your work, your position, the company’s address, etc. The letter must be written on the company’s letterhead.
  • A full photocopy of your passport
  • Your original diplomas, transcripts, and other certifications (legalized)
  • Your CV
  • Documents related to the company that’s hiring you, such as:
    • The Articles of Incorporation
    • A list of the employees and their nationalities
    • Proof the company’s paid the due taxes
  • Documents regarding your financial status (bank statements, pay slips)

If the Work Permit application is approved, you will receive a Unique Processing Number (NUT) in a letter format which you must present to the Mexico embassy when you apply for the Temporary Resident Visa.

Can You Work in Mexico With a Visitor Visa?

If you intend to work in Mexico for less than 180 days, then you may apply for a “Visitor Visa with authorization to perform remunerated activities”. This type of Mexico visa allows the holder to work, but only for the 180 days that it is issued. Once it expires, you may not renew it.

You may apply for a Working Tourist Visa at a Mexico embassy with approval from the National Immigration Institute (INM).

However, if you enter Mexico with a regular Tourist Visa or Tourist Card, then you are not allowed to work.

What if I Lose or Damage my Mexican Resident Card?

If you lose or damage your Mexican Resident Card, you must visit the local immigration office and apply for a replacement. You must have the following documents with you:

  • Your passport (original and a photocopy)
  • Residence card replacement fee
  • Three pictures, two showing you face-front and one from your left side profile
  • If your resident card was damaged: Submit the Tourist Card (FMM) and your entrance Visa along with the residence card
  • If your resident card was stolen/lost: Submit the Tourist Card (FMM) and your entrance Visa
  • Form to request immigration procedure stay (here)
  • Any additional documents the immigration office may request

If you lose or damage your Mexican Resident Card while you are abroad, you must approach a Mexican embassy to request a replacement.

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Do I Need a Visa for Costa Rica? https://visa-consulate.com/visa-types/visitor-visa/do-i-need-a-visa-for-costa-rica/ Wed, 28 Dec 2022 04:35:11 +0000 https://visa-consulate.com/?p=5898 You may have found yourself thinking “Do you need a visa to go to Costa Rica” if you’re planning on taking a trip there. If you’re a national of certain lucky countries, the answer to that question may very well be “No”. However, that’s not always the case. The Costa Rica visa policy is divided...

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You may have found yourself thinking “Do you need a visa to go to Costa Rica” if you’re planning on taking a trip there. If you’re a national of certain lucky countries, the answer to that question may very well be “No”.

However, that’s not always the case. The Costa Rica visa policy is divided into four groups:

  1. The first group included visa-exempt nationals who are allowed to travel to Costa Rica with just their passport. The passport must be valid for at least one more day from the date of entry into the country.
  2. The second group also includes visa-exempt nationals who are allowed to travel to Costa Rica with just their passport. However, in this case, the passport must be valid for at least three months from the date of arrival.
  3. The third group includes foreign nationals who need a Costa Rica Consular Visa, which must be applied for at a Costa Rica consulate in their country of residence.
  4. The fourth group includes foreign nationals who need a Costa Rica Restricted Visa. This type of visa has to be approved by the Commission of Restricted Visas.

This article will detail the Costa Rica visa policy by country.

Do You Need a Visa for Costa Rica?

You only need a Costa Rica visa if you are from one of the following countries:

Foreign nationals who need a Costa Rica Consular Visa (Third group)

The following countries have to apply for a Costa Rica Consular Visa at a Costa Rica consulate in their country:

AlbaniaAlgeriaAngolaArab DemocraticArmenia
AzerbaijanBahrainBelarusBeninBhutan
Bosnia and HerzegovinaBotswanaBrunei – DarussalamBurkina Faso (Upper Volta)Burundi
CambodiaCameroonCape VerdeCentral African RepublicChad
ColombiaComorosDemocratic Republic of Congo (Former Zaire)Democratic Republic of LaosDjibouti
Dominican RepublicEast TimorEcuadorEgyptGabon
GambiaGeorgiaGhanaGuineaGuinea Bissau
IndiaIndonesiaIvory CoastJordanKazakhstan
KenyaKosovoKuwaitKyrgyzstanLebanon
LesothoLiberiaLibyaMadagascarMalawi
MalaysiaMaliMauritaniaMoldovaMongolia
MoroccoMozambiqueNamibiaNepalNicaragua
NigerNigeriaOmanPakistanPapua New Guinea
PeruQatarRepublic (Sadr)Republic of CongoRepublic of Macedonia
Russian FederationRwandaSahrawiSaudi ArabiaSenegal
Sierra LeoneSudanSwazilandTaiwanTajikistan
ThailandTogoTunisiaTurkmenistanUganda
UkraineUnited Arab EmiratesUzbekistanVietnamZambia
Zimbabwe    

Foreign nationals who need a Costa Rica Restricted Visa (Fourth group)

Nationals from the following countries have to apply for a Costa Rica Restricted Visa, which requires authorization form the Commission of Restricted Visas:

AfghanistanIran
BangladeshIraq
CubaJamaica
Democratic People’s Republic of KoreaMyanmar ( Burma )
EritreaPalestine
HaitiSomalia
Syrian Arab Republic 

Who is Exempt from Costa Rica Visas?

The following nationals are exempt from holding a visa when travelling to Costa Rica:

For stays of up to 90 days

AndorraArgentinaAustraliaAustriaBahamas
BarbadosBelgiumBrazilBulgariaCanada
ChileCroatiaCyprusCzech RepublicDenmark
EstoniaFinlandFranceGermanyGreece
HungaryIcelandIrelandIsraelItaly
JapanLatviaLiechtensteinLithuaniaLuxembourg
MaltaMexicoMontenegroNetherlandsNew Zealand
Northern IrelandNorwayPanamaParaguayPoland
PortugalPrincipality of MonacoPuerto RicoRepublic of South KoreaRomania
San MarinoSerbiaSingaporeSlovakiaSlovenia
South AfricaSpainSwedenSwitzerlandTrinidad and Tobago
United Kingdom of Great BritainUnited States of America UruguayVatican City State 

For stays of up to 30 days

Antigua and BarbudaBelizeBoliviaDominicaEl Salvador
Federated States of MicronesiaFijiGranadaGuatemalaGuyana
HondurasKingdom Of TongaKiribatiMaldivesMarshall Islands
MauritiusNauruNorthern Mariana IslandsPalauPhilippines
Saint Kitts and NevisSaint Vincent and the GrenadinesSamoaSanta LuciaSao Tome and Principe
SeychellesSolomon IslandsSurinamTurkeyTuvalu
VanuatuVenezuela   

Do You Need a Costa Rica Visa if You Already Have a US/Schengen visa?

Visa-required foreign nationals may be exempt from holding a Costa Rica visa if they already have a valid entry visa for one of the following countries:

  • An EU member state
  • A Schengen country
  • USA
  • Canada
  • South Korea
  • Japan

Additionally, foreign nationals on the third and fourth group are exempt from holding a Costa Rica visa if they have a residence permit (not less than six months) for:

  • USA
  • Canada
  • An EU member state

Do US Citizens Need a Visa for Costa Rica?

If you are a US national, and you want to stay in Costa Rica for a period longer than 90 days, you will need a residence permit. You can get a Costa Rica residence permit in two ways:

  • By applying for a provisional visa (student visa, work visa) at a Costa Rica consulate before you travel to Costa Rica or
  • Enter Costa Rica as a tourist and apply after you arrive in the country at the Costa Rican Department of Immigration (Dirección General de Migración y Extranjería).

This applies to all the foreign nationals included in group 1 and 2 that are allowed visa-free access to Costa Rica.

What if I Need to Apply for a Costa Rica Visa?

If you need to apply for a visa to Costa Rica, you can review the application steps and requirements here.

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Visa for the Purpose of Giving Birth https://visa-consulate.com/north-america/canada-visa/visa-for-the-purpose-of-giving-birth/ Sun, 20 Nov 2022 11:30:10 +0000 https://visa-consulate.com/?p=5786 Within the Temporary Resident Visas there is also a category which allows pregnant women to go to Canada for the sole purpose of giving birth. This visa does not prohibit women to enter Canada just because they are pregnant and the officials evaluating the application take into account the pregnancy but do not use it...

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Within the Temporary Resident Visas there is also a category which allows pregnant women to go to Canada for the sole purpose of giving birth. This visa does not prohibit women to enter Canada just because they are pregnant and the officials evaluating the application take into account the pregnancy but do not use it as a criterion to deny someone’s visa.

This article will go through the visa for temporary resident persons wishing to enter Canada for the purpose of giving birth and its relevant information.

What is the Visa for Giving Birth in Canada?

The visa for women to give birth in Canada is a simple Temporary Resident Visa. There are no differences in the procedures or what is allowed, except for the fact that the woman might or will be giving birth in Canada.

This visa is temporary, usually valid for 6 months of less. It allows women to go to Canada to visit family, friends, or travel, but at the same time go to a hospital and seek assistance in giving birth. It does not allow the woman to claim medical and social benefits given to Canadian citizens. It also does not allow the woman to stay permanently in Canada, apply for citizenship, or try to apply for Canadian issued documents.

It only allows the woman to go to the hospital and pay for the treatment to give birth. Once she gives birth, the child automatically becomes a Canadian citizen and may claim a Canadian passport even if the parents are not residents or citizens.

What are the Visa Eligibility Criteria for Giving Birth in Canada for Non-residents?

In order to qualify to get a visa which allows a woman to go to Canada to give birth, there are certain requirements that she must fulfill. These requirements are not different from the requirements of a Visitor Visa.

The reason for this is that the Canadian Consulate does not consider women who are pregnant as special cases for visa applications. The fact that an applicant is pregnant, unless it is medically dangerous, cannot make a woman ineligible for a Canadian Visa. Because of this, the requirements for this are as follows:

  • The eligibility requirements for all Temporary Resident Visas.
  • Have enough funds to pay for your hospital stay to give birth.
  • Be ready to go through a medical examination if the Canadian Consulate asks you to. For this visa it is usually not required unless you have a high-risk pregnancy.

If you do not meet these requirements, the Canadian Consulate will require further proof and will give you a chance to submit more documents to convince them that they should give you a visa.

What Are the Documents Required for the Canada Visa for Giving Birth?

Within the application page, you will also have to submit the following supporting documents:

  • The mandatory Canada visa documents.
  • Your bank or other financial statements to prove you have enough funds for the trip to Canada and the stay in the hospital to give birth.
  • A travel itinerary if you have already booked your flight tickets, or just a description of what you plan to do once in Canada, so you can state that you plan to give birth.
  • A letter of invitation from your family or friends if applicable.
  • A Declaration Letter from you to the Government of Canada where you explain why they should give you a visa for the purpose of giving birth in Canada;
  • Two (2) photos that meet the Canada Photo Requirements.

In addition, if you have documents in any other language except for English or French, you must translate them. The translation must be verified by a certified translator.

How to apply for the visa for giving birth in Canada?

If you are coming to Canada to give birth, then you must apply for the visa. The application process is not much different from a visitor visa, but there are several steps you must follow.

  1. Confirm your eligibility for the Canada visa for the Purpose of giving Birth.
  2. Submit the documents required for a Canada visa for giving birth.
  3. Submit the application.
  4. Wait for processing and respond to additional requests for information.
  5. Send your passport for stamping.

It is recommended that you state that you are pregnant somewhere in your application. If you try to hide your pregnancy because you do not know whether they will give you the visa, then the Canadian Consulate can deny your visa because you were not truthful. They call this a misrepresentation of yourself.

So, in your Declaration Letter or any place in the application forms where they ask you for the reason why you want to go to Canada, you can state that you want to visit Canada but that you are also pregnant.

Also, in the forms where it asks whether you have a medical condition, you can state “No” because pregnancy does not qualify as a medical condition according to the Canadian Government.

Once you submit all the documents, you can then proceed to submit the application. After that, you will have to pay the visa application fee and your application will be completed.

What are the fees for this visa to give birth in Canada?

The fees for the visa to give birth in Canada are the same as all Temporary Resident Visas. You will have to pay CAD$100 for the application and an additional CAD$85 if you have to give your biometric information. Finally, if your visa is approved, you will have to pay around CAD$45 for the passport processing.

What is the processing time for this visa?

Depending on the workload of the Canadian Consulate, you might have to wait from 1 week to around 5 or 6 weeks for your visa to be processed and for them to let you know whether you got the visa or not. Since you are planning to give birth in Canada, you must apply earlier so as not to be close to your due date if the application processing takes longer.

How long is this visa valid?

As with all Temporary Canada Visas, you can only stay in Canada for 6 months or less with this visa. The Consulate might give you a visa for a longer period and in some cases until your passport expires, but you cannot stay for more than 6 months at a time.

Can I bring my dependents to Canada with this visa?

Since this is a temporary visa, your spouse and other children cannot come with you to Canada with the same visa. They must all apply for the Canada Visitor Visa and you can submit the application together so that the Consulate can process you as a family instead of as individuals.

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Australia Onshore Permanent Partner Visa https://visa-consulate.com/australia/australia-visa/australia-onshore-permanent-partner-visa/ Sun, 06 Nov 2022 20:24:34 +0000 https://visa-consulate.com/?p=5721 The Australian Partner Visa (subclass 801) is a permanent resident visa, allowing you to work, study, travel, and even apply for Australian citizenship later on. The 801 Visa is the second stage to becoming a permanent resident – before that, you have to apply for a Temporary 820 Visa. How Long Does It Take to...

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The Australian Partner Visa (subclass 801) is a permanent resident visa, allowing you to work, study, travel, and even apply for Australian citizenship later on.

The 801 Visa is the second stage to becoming a permanent resident – before that, you have to apply for a Temporary 820 Visa.

How Long Does It Take to Get 801 Visa After 820?

From the moment you get the 820 Visa, you usually have to wait about two years before you become eligible for an 801 Visa. However, you may be able to get the 820 and 801 visas at the same time if:

  • You and your partner have been together for at least 2 years – married or cohabitating – and have a child together.
  • You and your partner have been together for at least 3 years – married or cohabitating – and you do not have a child together.

Eligibility Requirements for the Subclass 801

To be eligible for the 801 Visa, you must still continue to be in a relationship with your partner (sponsor). Additionally, you must also still meet the requirements for becoming a permanent resident of Australia, such as:

  • Be of good character.
  • Have paid all debts to the Australian government.
  • Have a valid 820 Visa.

801 Visa Requirements

The documents you will have to submit before you get the 801 Visa include:

  • Scanned copies of your passport. Include the personal information, picture, and expiry date page.
  • Proof you and your partner are still in a relationship.
    • Marriage certificate (for married spouses).
    • Proof you are in a committed, monogamous relationship and that you live together (for defacto partners).
  • A completed “Statutory Declaration – Partner visa (sponsor)” formFind it here.
  • Proof you and your partner have joint finances. This can be a joint mortgage or bank loan, utility bills in both names, a joint bank account etc.
  • Proof you and your partner are equal domestic partners. This can be a statement regarding the way you share housework, proof you have joint custody of your kids, etc.
  • Two completed copies of Form 888 “Statutory declaration by a supporting witness in relation to a Partner or Prospective Marriage visa application”. This form is proof that people know of your relationship, and must be completed by family members, friends, or relatives.
  • Australian police certificate for yourself and any dependents over the age of 16. Only if you did not submit it for the temporary visa application.
  • If there has been a change in your circumstances, provide:
    • Completed Form 1022 – Notification of changes in circumstances.
    • Additional documents, as related to the change (marriage certificate, adoption If you have a new or updated passport or changed your address.
  • Form 929 – Change of address and/or passport details (if applicable).
  • Passports of your dependent children.
  • Any documents about changes in situation for your dependent children.
  • Scanned passport of your spouse (must show their signature) or their Australian driver licence.

Remember:

  • You may have submitted many or all of these documents when you originally applied for the 820/801 Visa joint application. You are submitting them again only to prove that you and your spouse still meet the requirements.
  • You have to translate any Australian visa documents you submit. Make sure that the translator is accredited by the National Accreditation Authority for Translators and Interpreters.
  • You do not need to certify the documents for the Subclass 801 Visa.
  • You have to scan (in color) any documents you submit.
  • You have to save each documents as a single file, even if it has multiple pages.

How to Apply for the 801 Visa?

Technically, you have already applied for the Permanent 801 Visa when you submitted your application for the Temporary 820 Visa. Now, you must simply submit additional documents so that the Department of Home Affairs can see if you are eligible to become a permanent resident.

  1. On the ImmiAccount, you have to start the application for “Complete Stage 2 – Permanent Partner Visa Assessment (100, 801)”.
  2. You will be required to submit similar documents as when you applied for your temporary resident visa, so that you can prove you continue to meet the requirements.
  3. The earliest you can submit your application is one month before the two years date. Do not submit an application earlier than that, unless you receive an email isntructing you to do so.

NOTE: If you received the 820 and 801 Visas at the same time, you do not need to submit an additional application or documents.

Cost of the 801 Visa

You have paid for the 801 Visa when you initially applied two years ago, so no additional visa fee is required. However, you still have to pay other fees, such as:

  • The police certificate.
  • Health check fees.
  • Marriage certificate.
  • Passport-size pictures.
  • Mailing or postage fees.

The additional fees for certificates and mail can easily add up to a few hundred dollars.

Is 801 Visa Permanent Residency?

Yes, the 801 Visa leads to permanent residency in Australia. As a permanent resident, you can

  • Live and work in Australia indefinitely.
  • Study in Australia, and receive government assistance for tertiary education.
  • Register for Medicare, Australia’s public healthcare scheme
  • Sponsor any other eligible family members to come to Australia
  • Leave and re-enter Australia as many times as you wish for the first five years. After five years, you have to either get a Resident Return (RRV) or Australian citizenship.
  • Attend English language classes which are administered by the Adult Migrant English Program.
  • Become an Australian citizen, a few years later.

Can I Add My Child to the Application?

Yes, you can add a child to your 801 Visa application even if you did not include them in the temporary visa application. To do so, your child has to get a Dependent Child Visa (Subclass 445) and travel to Australia. Then, you must complete Form 1002 “Application by a subclass 445 dependent child for a permanent partner visa” and attach it to your ImmiAccount.

Your child or children must meet the Australian health requirements. If they 16 years of age or older, they also have to get a police certificate.

801 Visa to Citizenship

Four years after you receive your Partner Visa (Sublcass 801), you can apply for Australian citizenship. The citizenship requirements are:

  • You must pass a citizenship test, unless you are 60 or older.
  • You must not have lived outside Australia for longer than 12 months during the last 4 years.
  • You must not have been outside Australia for longer than 3 months in the last 12 months.
  • You must be living in Australia at the time of application and you must continue to intend living there.

Can You Become an Australian Citizen by Marriage?

Yes, if you marry an Australian citizen or permanent resident, then you can initially apply for a Partner Visa to join them. A few years after becoming a permanent resident, you may apply for citizenship. You can test your eligibility for citizenship on the Citizenship Wizard tool (an online quiz) on the website of the Department of Home Affairs.

Although permanent residents enjoy a lot of the same benefits as Australian, as a citizen, you wouldn’t need to apply for a Resident Return Visa to be able to travel in and out of the country, you could get an Australian passport, and vote, just to name a few benefits.

Can 801 Visa Be Cancelled?

Yes, an 801 Visa can be cancelled if you no longer meet the requirements of the visa, if you break the rules, or if you provided false information during your application. Before final cancellation, the Department of Home Affairs will notify you why they want to cancel your visa, and you will be able to appeal the decision and provide evidence why you should keep it.

Your partner cannot cancel your visa – at least not once you have already received it. However, they can withdraw their sponsorship while the visa is still processing.

To cancel a visa or withdraw an application, your sponsor would have to submit a written request to the Department of Home Affairs, along with their name and birth date, visa transaction reference number (TRN), and a statement which confirms they want to withdraw the sponsorship.

If your visa has been cancelled, you either have to immediately leave Australia or apply for a Bridging Visa.

What Happens if You Break Up on a Partner Visa 801?

If you have an 801 (Permanent) Visa, and you break up, you will likely still be able to still stay in Australia. However, it could raise questions about the legitimacy of your relationship, and if the DHA thinks that you were never in a relationship, your visa could be cancelled.

However, if you break up before getting the 801 Visa (i.e. you are still a temporary resident), you can stay in Australia only in the following circumstances:

  • You were a victim of domestic violence.
  • You and your partner have joint custody of an Australian child.
  • Your partner has passed away.

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Australia Onshore Temporary Partner Visa https://visa-consulate.com/australia/australia-visa/australia-onshore-temporary-partner-visa/ Sun, 06 Nov 2022 20:11:58 +0000 https://visa-consulate.com/?p=5718 The Partner Visa 820 is a temporary visa, allowing you to live and work in Australia for a period of two years until your application for permanent residency is processed. It is called an “Onshore” Partner Visa because you can apply for it when you are already in Australia. The Partner Visa (Subclass 820) is...

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The Partner Visa 820 is a temporary visa, allowing you to live and work in Australia for a period of two years until your application for permanent residency is processed. It is called an “Onshore” Partner Visa because you can apply for it when you are already in Australia.

The Partner Visa (Subclass 820) is the first visa in a two-step process. Two years after receiving it, you become eligible for permanent residency (the Partner Visa 801) and you can settle in Australia long-term.

Eligibility for the Partner Visa 820

To receive the Partner Visa 820, you and your partner have to fulfill the following requirements:

  • You have to be married or in a de-facto relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
  • You must both be over the age of 18.
  • If you are in a de facto relationship, you must have lived together for at least 12 months. The time you were not in a de facto relationship (ie. distance relationship, dating) may not count.
  • You must meet the health requirements. This means you may have to get a medical examination by an approved doctor.
  • You must not have a criminal background and meet the character requirements.
  • Your partner (sponsor) must not have sponsored someone else in the last five years. If they did sponsor someone else, it cannot have been in more than two occasions.
  • Your partner must not have been sponsored by another partner in the last five years.

Partner Visa 820 Documents Checklist

The documents you will have to submit when you apply for your Partner Visa 820 are:

  • Your passport. You should attach scanned electronic copies of the passport pages showing your photo, personal details, and the issue and expiry dates.
  • Your birth certificate, stating the names of both your parents. In case you cannot provide a birth certificate, you may also submit:
    • Identification pages from a family book or family census register, or
    • Document of identification that was issued by a government body or court.
  • Marriage certificate, if you are married.
  • If you are in a de facto relationship:
    • Proof that you and your partner are exclusively committed to each other.
    • Proof that you are in a genuine and continuing relationship.
    • Proof that you live together.
    • Proof that you are not related to each other.
  • A written statement, with the following information:
    • How, where, and when you have met.
    • How your relationship has developed over time.
    • The date when you got married, engaged, or moved in together, as relevant.
    • Any notable moments in your relationship.
    • What you do together and description of any times you have been apart.
    • What your plans for the future are.
  • Proof of how you manage your joint finances, such as:
    • Documents of a mortgage or lease you share.
    • Proof of loan for a house, apartment, car, or any other major assets.
    • Statements from a joint bank account.
    • Utility bills.
  • Proof of how you manage your household and domestic life, such as:
    • A letter about how you share your household chores.
    • Household bills in both of your names.
    • Mail or emails, which are addressed to both of you.
    • Proof of your living arrangements.
    • Proof of having joint custody of your children (if relevant).
  • Proof that other people know of your relationship, such as:
    • Proof you have gone out together with other people.
    • Proof you have friends in common.
    • Proof you have done cultural, sporting, or other social activities together.
    • Proof you have traveled together.
    • Proof you have told public, commercial, or government bodies about your relationship.
  • Proof that you are in a committed relationship with each other, such as:
    • Evidence of having joint personal belongings.
    • Proof that you check in with each other and stay in touch even when you are apart.
    • The conditions of your wills.
  • Proof of any previous relationship, such as divorce papers.
  • Police certificates from any country you have lived in for longer than a year within the last 10 years.
  • A completed Form 80 – “Personal particulars for assessment including character assessment”.
  • Documents for your dependents:
    • Identity documents.
    • Proof of your relationship to them, such as a birth certificate.
    • Under 18: Consent from a parent or legal guardian of the child, who has custody over them and is not travelling along with them.
    • Over 18: Proof of their dependence on you.

All the documents you submit have to be certified and translated into English.

How to Apply for the 820 Visa?

You have to apply for the 820 Visa online when you are already in Australia, which means you first have to enter the country with some type of temporary Visitor Visa. You can also apply for the 820 Visa if you currently have a Prospective Marriage Visa. The step-by-step application process is:

  1. Gather the required documents.
  2. Login to your ImmiAccount and start the application.
  3. Pay the Visa Application Fee. If you have already applied for a Prospective Marriage Visa, the fee is reduced.
  4. Submit the completed application.
  5. Write down the transaction reference number (TRN) and application ID and give them to your partner. They need it when they apply for Sponsorship.
  6. Attach electronic copies of the required documents.
  7. Your partner logs in to their own ImmiAccount and submits an application for “Sponsorship for a Partner to Migrate to Australia (300, 309/100, 820/801)”. They can also use your ImmiAccount to do so.
  8. Your partner submits their ID, proof of legal stay in Australia, as well as police certificates.
  9. You wait for your visa to be processed. In the meantime, you will receive a Bridging Visa so you can stay in Australia legally.

After the application, you may also have to enter an interview, in which you will have to prove the genuineness of your relationship. The officers will ask you questions about each other’s families and backgrounds, and questions about your relationship.

Can My Children Apply With Me?

Yes, you can add your children to the 820 Visa application and take them to Australia with you. To do so, your children have to be under the age of 18, unmarried, and under your custody. However, you can also bring your adult children with you, if:

  • They are between the ages of 18 and 23 and financially dependent on you.
  • They are over the age of 23, but they are dependent on you due to physical or mental limitations.

You can submit the application on your children’s behalf through your ImmiAccount. You must add additional documentation for them, as requested.

How Long Does the 820 Visa Take to Process?

It takes about two years for the Subclass 820 Visa to fully process. During this time, you can stay in Australia. Most applications are resolved within 22 months, but if your documents are not in order or if the Department of Home Affairs needs further information from you, it could take longer than that.

How Long Is the Partner Visa 820 Valid?

The Subclass 820 Visa is temporary. In most cases, you have to live in Australia with your partner for two years to become eligible for permanent residency. After two years, you have to submit additional documents to the Department of Home Affairs so they can determine if you are eligible for the 801 Visa (which is permanent).

However, if you and your partner have a child together or have been in a long-term relationship of over three years before you got the 820 Visa, you will immediately get the permanent residency visa as well. You do not need to further prove your eligibility or wait for two years.

Benefits of the Partner Visa 820

Once you have the 820 Visa, you will be able to do the following:

  • Work and study in Australia. However, for studying you are not entitled to government support, like Australian citizens or permanent residents are.
  • Travel to and from Australia as many times as you wish.
  • Enrol on public healthcare in Australia (Medicare).
  • If you need help with your English, you can take free English language classes provided by the Australian Adult Migrant English Program. You are entitled to 510 hours of classes.
  • Live in Australia with your partner until you become eligible for the permanent 801 Visa. During this time, you can also bring your children with you, if you have any. Then, once you get the permanent visa, you will also become eligible for Australian citizenship.

Partner Visa 820 Cost

The cost of the 820 Visa is AUD 7,850 for the main applicant. If your dependent children are applying with you, you also have to pay:

  • AUD 3,930 for each dependent child over the age of 18.
  • AUD 1,965 for each dependent child under the age of 18.

However, if you have already applied for and received the Prospective Marriage Visa (300), you have to pay the following discounted fees:

  • AUD 1,310 for the main applicant.
  • AUD 660 for each dependent child over the age of 18.
  • AUD 660 for each dependent child under the age of 18.

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Australia Offshore Migrant Partner Visa https://visa-consulate.com/australia/australia-visa/australia-offshore-migrant-partner-visa/ Sun, 06 Nov 2022 20:07:37 +0000 https://visa-consulate.com/?p=5715 The Subclass 100 Partner Visa is the second and final step towards becoming a permanent resident of Australia. As with other Australian Partner Visas, you have to apply for the Subclass 100 Visa (permanent) at the same time as you apply for the Subclass 309 Visa (temporary). You will get the temporary visa first and, two years...

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The Subclass 100 Partner Visa is the second and final step towards becoming a permanent resident of Australia. As with other Australian Partner Visas, you have to apply for the Subclass 100 Visa (permanent) at the same time as you apply for the Subclass 309 Visa (temporary).

You will get the temporary visa first and, two years after you travel to Australia, you can finally get the permanent visa. You will have to submit a few other documents prior to getting permanent residency but you do not need to pay another processing fee.

The reason you apply for both visas simultaneously, but do not get the permanent one until much later, is because the Australian government wants you to truly have close ties with Australia before you become a permanent resident.

Partner Visa Subclass 100 Conditions

To become eligible for the Subclass 100 Visa, you must meet the following conditions:

  • You must have a Partner Visa 309.
  • You must still be married or in a de facto relationship with your sponsor.
  • You and your sponsor must have been in a relationship for at least two years or two years must have passed since you applied for the 309/100 Visa.
  • During your relationship, you must have lived together.
  • Your relationship must be exclusive and monogamous.
  • You and your partner must be of good character.
  • You must have paid any debts you have to the Australian government.

What Documents Do I Have to Submit for a Subclass 100 Application?

The documents you have to submit before can get the Partner Visa 100 are:

  • Your passport, including the page with the signature.
  • Documents proving your relationship with your partner is still ongoing. The documents are similar to what you already have submitted for the initial application:
    • Marriage certificate.
    • Proof of your defacto relationship.
    • Proof you live together.
    • Proof you share financial obligations.
    • Proof you share your domestic obligations.
    • Proof other people know about your relationship.
    • Proof you have gone out with other people.
    • Proof you have travelled together.
    • Proof you are committed to each other and keep in touch even when you are apart.
    • Proof you know about each other’s families and backgrounds.
    • Proof you share custody of children.
  • Two copies of Form 888 “Statutory declaration by a supporting witness in relation to a Partner or Prospective Marriage visa application”. Two Australian citizens or residents whom you both know (friends or family) must complete this declaration.
  • Australian police certificate.
  • Police certificates from any country where you have lived in for longer than 12 months.
  • Passports of all visa dependents.
  • Police certificates for any dependents over the age of 16.
  • Your partner’s passport.
  • Your partner’s Australian driving licence.
  • A completed copy of “Statutory declaration – Partner visa (sponsor)”. Your partner must complete this declaration.
  • Documents related to any change in your situation. This could include:
    • Marriage certificate, if you have gotten married.
    • Birth certificate, if you had a child.
    • Adoption certificate, if you adopted a child.
    • Divorce papers, if you and your spouse divorced.
    • Proof you have changed your name.
  • A completed Form 929 “Change of address and/or passport details”, if you changed your address or passport.

Make sure to submit your documents no earlier than one month before the two-year mark of receiving your 309 Visa.

The documents you submit for any Australian visa have to be translated into English.

How to Go From 309 Visa to Subclass 100 Visa?

About two years after you received your 309 Visa, the Department of Home Affairs will notify you that they will start processing your Permanent 100 Visa and give you a list of documents you should provide. You will have to log into your ImmiAccount and:

  1. Complete Stage 2 – Permanent Partner Visa Assessment (100, 801).
  2. Attach the required documents on the ImmiAccount. Make sure you do not submit the documents earlier than one month before the 2-year period ends.
  3. Submit the application.
  4. Keep note of your Transaction Reference Number (TRN).

The reason for the second set of documents is to make sure that you are still in a genuine relationship and meet the criteria to get permanent residence in Australia.

Do I Have to Wait Two Years to Get the Subclass 100 Visa?

Usually, you will only be eligible for the Subclass 100 Visa two years after you receive the temporary visa. However, if you and your partner have already been in a long-term relationship before applying for the visa, you can skip the two-year waiting period. A long-term relationship for Subclass 100 Visa purposes is defined as:

  • If you have been married or in a de facto relationship for longer than three years.
  • If you have been married or in a de facto relationship for more than two years and have a dependent child together.

In these cases, when the application for the 309/100 Visas is processed, you will get permanent residence immediately. You do not need to submit any further documents or start a new application later on.

Cost of the Subclass 100 Visa

You do not need to pay any processing fee for the Subclass 100 Visa. You have already paid for it when you submitted your joint 309/100 Visa application.

But remember, that in addition to Australian visa fees, you will likely need to spend some money on police certificates, birth and marriage certificates, postage fees, etc.

Subclass 100 Visa Processing Time

From the moment you submit your documents for the Subclass 100 Visa and until you receive it, it takes one to two years. However, if you take into account the two years it took to process your initial 309 Visa application and the two years you spent in Australia as a temporary resident, it is approximately five to six years until you become a permanent resident in Australia.

What You Can Do Once You Have the 100 Visa

From the moment you get the Partner Visa 100, you will be able to live and work in Australia indefinitely as well as:

  • Study in Australian universities.
  • Get public healthcare benefits.
  • Sponsor a relative to come to Australia.
  • Take free English language classes.
  • Apply for citizenship once you become eligible.
  • Travel freely in and out of the country for up to five years.

Your Travel Rights as a Subclass 100 Visa Holder

For the first five years of your visa, you can travel as many times as you want in and out of the country. However, once five years have passed, you will either have to

  • Get a Resident Return Visa (RRV). This visa serves sort of like a passport, allowing you to travel and re-enter Australia as a permanent resident. You will not have the same visa-free travel rights as an Australian citizen, however.
  • Look into becoming an Australian citizen. If you become an Australian citizen, you can get a passport and you will be able to enjoy the full travel and social benefits.

Going From Subclass 100 Visa to Australian Citizenship

You become eligible to apply for Australian citizenship four years after you receive the Permanent Partner Visa. You must comply with the following requirements:

  • You have to be a permanent resident at the time of application.
  • You have to be in Australia when they decide on the application outcome.
  • You must not have been out of the country for longer than 12 months in the four years prior to the application and for longer than 90 days in the 12 months prior to the application.
  • You must have at least basic knowledge of the English language.
  • You must have knowledge of the Australian culture and way of life as well as the responsibilities and benefits accompanying citizenship.
  • You must understand and be committed to upholding the Australian values of freedom, respect and equality.

What If the Application is Rejected?

If the Department of Home Affairs rejects your application for the 100 Visa, you may be able to file for an appeal with the Administrative Appeals Tribunal (AAT). Make sure to do your research and learn what you need in order to file an appeal for Australian visa denial because the process is subject to strict rules.

If you make a mistake or apply past the deadline, your appeal will be rejected.

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Australia Provisional Offshore Partner Visa https://visa-consulate.com/australia/australia-visa/australia-provisional-offshore-partner-visa/ Sun, 06 Nov 2022 20:03:33 +0000 https://visa-consulate.com/?p=5712 You can apply for an Offshore Partner Visa (Subclass 309) if you are currently outside Australia and would like to move there to join your Australian resident spouse or partner.  The 309 Visa is the first in a two-step process for getting Australian permanent residence: As with other Australian Partner Visas, you have to apply for...

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You can apply for an Offshore Partner Visa (Subclass 309) if you are currently outside Australia and would like to move there to join your Australian resident spouse or partner.  The 309 Visa is the first in a two-step process for getting Australian permanent residence:

  1. Subclass 309 Visa is temporary – it allows you to travel to Australia and wait about two years until you become eligible for permanent residency.
  2. Subclass 100 Visa is permanent – you receive this once your 309 Visa expires.

As with other Australian Partner Visas, you have to apply for both the temporary and permanent visa at the same time.

Who Can Get the Partner Visa 309?

To receive the 309 Visa, you must have a partner living in Australia to sponsor you. You and your partner also have to meet the following requirements:

  • You must both be over the age of 18.
  • Your partner must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
  • Your partner must not have applied for or received a Prospective Marriage Visa or Partner Visa in the last five years.
  • Both you and your partner have to meet the character requirements. Neither of you must have any criminal charges related to children.
  • You and your partner must be in a committed, monogamous relationship.
  • You and your partner must either be married or in a de facto relationship (living together for at least 12 months).
  • You and your partner must be able to provide evidence about the genuineness of your relationship. For example, prove that you have met each other’s family members, that you have lived together, and you know about each other’s backgrounds, etc.

Partner Visa Subclass 309 Documents Checklist

When you apply for the 309 Visa, you must attach scanned copies of the following documents to your application:

  • Your passport’s personal information page, including your picture and expiry date.
  • Your national ID card.
  • Your birth certificate, showing the names of both your parents. If you cannot provide the birth certificate, a family book or government-issued document verifying your identity will suffice.
  • If you are married: Marriage certificate.
  • If you are in a defacto relationship: Proof that you are in a genuine, exclusive relationship and that you live together.
  • A letter detailing the history of your relationship. Include the following information:
    • When and how you met.
    • How the relationship developed.
    • How you decided to move in together or get engaged/married.
    • Time you spent together and apart.
    • Your plans for the future.
    • Any important events/milestones in your relationship.
  • Documents proving you and your partner share finances. Joint bank statements or loans, mortgage, etc.
  • Documents proving you and your partner share domestic work. Include a letter describing how you share the housework, along with utility bills in your names, mail addressed to both of you, proof you have joint custody of your children, etc.
  • Documents proving you and your partner are committed to each other. Phone records or texts proving you stay in touch even when you are apart, your will terms, etc. You may also have to enter an interview to show you know each other’s background, families, and other personal matters.
  • Any evidence that the people in your lives know of your relationship. This could include proof you have gone out with other people, proof you have travelled together, proof you have friends in common, etc.
  • Police certificates from any country you have lived in for longer than 12 months since you turned 16, including Australia.
  • Additional documents for your dependent children:
    • Identification documents.
    • Birth or adoption certificates.
    • Proof you have legal custody of your child.
    • Proof they are enrolled in school or university, as applicable.
    • If the child is over 18, also include proof of why they are dependent on you.

The documents you submit for an Australian visa have to be translated into English (if they are not already). Since this is an online application, you have to scan them (in color) and attach them as electronic copies.

Make sure each document is a single file, even if there is more than one page per document.

How to Apply for a Partner Visa 309?

You have to be outside Australia when you apply for the 309 Visa and when you receive a decision. You will be applying for both the temporary and permanent visa at the same time. Here’s a step by step breakdown of the application process:

  1. Create an ImmiAccount. If you already have one, log in.
  2. Check whether you need a health examination. If you do, you must organize one – there will be a link you must follow.
  3. Gather the required documents for the visa application.
  4. Start a new application on the ImmiAccount. You must start the new application for Partner Visa (Subclass 309/100).
  5. Complete the online application form. You have to answer all the questions.
  6. Pay the visa application fee. You must pay the fee via a credit or debit card online.
  7. Check your answers and submit the application.
  8. Write down the transaction reference number (TRN) and send it to your partner. They need this number when they apply for 309 Visa Sponsorship.
  9. Attach the required documents. You must make scanned copies of your documents and attach them to the ImmiAccount.
  10. Your partner logs in to their ImmiAccount and applies for Sponsorship. They will need your visa transaction reference number (TRN), identification documents, and police certificates.
  11. Wait for the visa outcome. You must be outside Australia during this time.

If you want to apply for a visa and wait on the decision in Australia, you can look into the Onshore Partner Visa (Subclass 820).

Partner Visa 309 Processing Time

The majority of 309 Visa applications are processed within 16 months. Some can take up to 22 months. It can take even longer if you do not provide the correct documents or if the Department of Home Affairs is taking a long time to verify your information.

Once your visa has been processed, and you receive a decision, you can travel to Australia.

How Much Does the 309 Partner Visa Cost?

The cost of the 309 Partner Visa starts at AUD 7,850 for the main applicant. If you have dependents applying with you, you also have to pay:

  • AUD 3,930 for each dependent over the age of 18.
  • AUD 1,965 for each dependent under the age of 18.

When you pay the fee, you are also paying for your Permanent Partner Visa (Subclass 100).

If your child does not apply for a 309 Visa with you but gets a Dependent Child Visa 445 later, you do not need to pay a visa fee.

Benefits of the 309 Visa

Once you get a 309 Visa, you are one step closer to becoming a permanent Australian resident. But in the meantime, you can still enjoy the following benefits:

  • You can live with your partner in Australia.
  • You can work in Australia.
  • You can enroll in an Australian educational institution.
  • You can attend English language classes (if you need to). You will be able to register for up to 510 hours of free classes provided by the Adult Migrant English Program.
  • You can register for Australian public healthcare.
  • You can travel to and from Australia as many times as you need.

How Long Until I Can Apply for Permanent Residency?

Two years after you get the 309 Visa, you have to submit additional documents to the DHA so you can get the Permanent Partner Visa (Subclass 100). You will have to prove that during this time, you and your partner continued to in a committed, exclusive relationship and have lived together.

Can My Children Apply With Me?

Yes, you can add your children as your dependents for the 309 Visa; you will receive the visas and travel to Australia together. You may also add a dependent after you submit the visa application, but before you receive the decision. To do so, you will need to complete Form 1436 “Adding an additional applicant after lodgement” and attach it to the ImmiAccount.

Can I Add My Children After I Have the Visa?

After you receive the 309 Visa, you can no longer add a dependent to that visa. Instead, your child will have to apply for a Dependent Child Visa (Subclass 445) so they can come to Australia and live with you.

What If My Relationship Has Ended?

If you and your partner break up after you receive your 309 Visa, then you may still be able to get Australian permanent residency if your situation matches one of the following scenarios:

  • You have been the victim of domestic violence.
  • You have a child with your partner and you both have custody of the child.

If you are in one of these situations, you have to complete Form 1022 “Notification of changes in circumstances” and submit it to the Department of Home Affairs as soon as possible.

If you do not meet these requirements, you will either have to apply for a different Australian visa or leave the country.

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Australia Prospective Marriage Visa https://visa-consulate.com/australia/australia-visa/australia-prospective-marriage-visa/ Sun, 06 Nov 2022 19:59:14 +0000 https://visa-consulate.com/?p=5709 If you are in a committed relationship with someone living in Australia and wish to marry them, you can apply for a Prospective Marriage Visa (Subclass 300). This is a temporary visa, which allows you to enter Australia with the intention of getting married. After your wedding, you can apply to become permanently settled in Australia with...

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If you are in a committed relationship with someone living in Australia and wish to marry them, you can apply for a Prospective Marriage Visa (Subclass 300).

This is a temporary visa, which allows you to enter Australia with the intention of getting married. After your wedding, you can apply to become permanently settled in Australia with your spouse.

Eligibility for the Australian Prospective Marriage Visa

To be eligible for the Prospective Marriage Visa for Australia, you and your fiance must meet the following criteria:

  • You must both be over the age of 18.
  • Your partner must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
  • You and your partner must have met each other in-person before.
  • You must be planning on getting married within nine months of receiving your visa. You cannot marry before the visa is granted.
  • You must prove you intend to live together as spouses.
  • You must both be of good character. You may have to submit police certificates.
  • You must meet the health requirements. You may need to get a health examination from an approved doctor.
  • Neither you nor your partner must not have been charged or convicted of an offence that involves children.

Prospective Marriage Visa Document Checklist

The documents you must provide when you apply for an Australian Prospective Marriage Visa are:

  • Your passport. It must show your photo that is in line with the guidelines, personal details and the issue and expiry dates.
  • Your birth certificate. Must show the names of both your parents.
  • If you cannot provide a birth certificate, submit one of the following:
    • Identification pages from a family book or family census register.
    • Document of identification, issued by a court or government body in your home country.
  • Two completed copies of the “Statutory declaration by a supporting witness in relation to a Partner or Prospective Marriage visa application” (Form 888). The forms have to be completed by someone who:
    • Is older than 18 years of age.
    • Know you and your partner.
  • Proof that you and your partner have met each other in person while you were both of adult age.
  • Proof you will marry your partner within nine months. This can be, for example, a letter from the officiator of your wedding.
  • Proof that you and your partner will live together.
  • Written statements from you and your partner, which include the following information:
    • How, where, and when you met.
    • How you got engaged.
    • Any important events in your relationship.
    • How your relationship has progressed and any joint activities.
    • What your plans for the future as a married couple are.
  • Proof of any previous relationship, such as divorce papers.
  • Documents of good character, such as:
    • Police certificates from any country you have lived in for longer than 12 months during the last 10 years.
    • A completed Form 80 – “Personal particulars for assessment including character assessment”
  • If you have dependents under the age of 18:
    • Identity documents.
    • Proof of your relationship to them, such as a birth certificate.
    • Consent from a parent or legal guardian of the child, who has custody over them and is not travelling along with them.
  • If you have dependents over the age of 18:
    • Identity documents.
    • Proof of your relationship to them, such as a birth certificate.
    • Proof of their dependence on you.

All the documents have to be certified and translated into English if they are not already.

How to Apply for the Australian Prospective Marriage Visa?

You apply for the Prospective Marriage Visa online, while you are outside Australia. The step-by-step process is as follows:

  1. Create an ImmiAccount, or log in if you already have one. To register, you need to provide your personal details, email address, and phone number.
  2. Complete the ImmiAccount application form. You have to start a new application for the Subclass 300 Visa and answer the questions. You can save and continue the application at a later date using the “Edit” option.
  3. Pay the visa application fee. You can pay the Australian visa application fees online.
  4. Submit the ImmiAccount online application form.
  5. Note down the transaction reference number (TRN) and send it to your partner. Your partner needs this to apply for Sponsorship.
  6. Attach electronic copies of the required documents. You must attach the documents after you submit the application. In case you must do so before submitting the form, you will be notified.
  7. Your partner applies for Sponsorship using their own ImmiAccount or yours. To start the application, they must select the option “Sponsorship for a Partner to Migrate to Australia (300, 309/100, 820/801)”.
  8. Your partner attaches the required supporting documents for the Sponsorship application. They have to provide their identity documents, proof they are legally resident in Australia, an Australian National Police Certificate as well as a Police Certificate from any country they have lived in longer than 12 months.
  9. You wait for your visa to be processed.

Once you receive your visa, you can use VEVO or an ImmiCard to check its validity and conditions.

Prospective Marriage Visa Subclass 300 Processing Time

It can take up to two years for a Marriage Visa application to be processed. According to the Department of Home Affairs, most applications are finalized within 22 months.

Duration of the Prospective Marriage Visa for Australia

The Australian Prospective Marriage Visa is valid for 9 to 15 months. The exact duration will be specified on the Visa Grant Letter. During this time, you can:

  • Marry your fiance.
  • Work in Australia.
  • Study in Australia, but you will not receive Government aid.
  • Travel in and out of the country.
  • Apply for a Permanent Partner Visa, which allows you to live in Australia with your spouse permanently.

After You Get the Visa

After you receive your Prospective Marriage Visa, you have to do the following:

  • Enter Australia within the date specified on the visa.
  • Marry your fiance before the visa expires. You may also need to get a Notice of Intended Marriage (NOIM) at least one month before your wedding. You can get married in or outside Australia, as long as the marriage is valid and recognized by Australian law.
  • Apply for a Partner Visa (Subclass 820 and 801), if you want to settle and live in Australia after getting married. Make sure to apply after getting married but before the Subclass 300 visa expires.

Prospective Marriage Visa Cost

The Australian Marriage Visa costs AUD 7,850 for the main applicant (the partner of the Australian resident). In addition, you also have to pay:

  • AUD 3,930 for each dependent applicant over the age of 18.
  • AUD 1,965 for each dependent applicant under the age of 18.

Can I Bring My Children To Australia With a Prospective Marriage Visa?

Yes, if you have children, you may bring them along with you when you travel to Australia to get married. For the purposes of visa application, your child must be:

  • Under the age of 18 and under your custody, or
  • Between the ages of 18 and 23 and dependent on you, or
  • Over the age of 23, but dependent on you due to “physical or cognitive limitations”.

To be considered a dependent, your child must not be married or in a de facto relationship.

Switching From the Prospective Marriage Visa to Permanent Residency

Once you have gotten married, you can apply for the 820 and 801 Partner Visa. While you apply simultaneously, you will receive the 820 (Temporary) Visa first, which is valid for two years. After two years, you will receive the 801 (Permanent) Visa, which allows you to settle with your spouse in Australia permanently and even apply for Australian citizenship after a few years.

Can I Get Married in Australia on a Tourist Visa?

While it is possible to get married in Australia while you are there on a Tourist Visa if you want to have the best chance of settling there with your future spouse, it is probably best to go for the long route and apply for a Prospective Marriage Visa. That’s because:

  • With a Marriage Visa Subclass 300, you will be allowed to work and study without restrictions in Australia. If you enter on a Tourist Visa and get married, you will receive a Bridging Visa while you wait for the Subclass 820 Visa to be processed, and you have to apply for permission to work – you are not entitled to work rights immediately.
  • The application for the Partner Visa (820/801) from the Prospective Marriage Visa is more streamlined than from a Tourist Visa.
  • If you have a “No Further Stay” condition on your Tourist Visa, it can complicate matters further when you want to apply for permanent residency.
  • It can be difficult to obtain a Tourist Visa (Subclass 600) for Australia because you have to prove you are a Genuine Temporary Entrant and do not intend to settle in Australia. This is especially true if you are from a non-Western country or a country that is known to have a lower standard of living.
  • If your Tourist Visa application is refused, it will make it more difficult (or even impossible) to apply for a long-term visa in the future, such as a Partner Visa.

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Australia Partner Visas https://visa-consulate.com/australia/australia-visa/australia-partner-visas/ Sun, 06 Nov 2022 19:56:02 +0000 https://visa-consulate.com/?p=5706 If you are married or in a de facto relationship with an Australian citizen or permanent resident, you can join them in Australia with a Partner Visa. Australian Partner Visas are divided into Onshore and Offshore visas, which differ based on where you are when you lodge the application – in Australia or outside. They...

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If you are married or in a de facto relationship with an Australian citizen or permanent resident, you can join them in Australia with a Partner Visa.

Australian Partner Visas are divided into Onshore and Offshore visas, which differ based on where you are when you lodge the application – in Australia or outside. They are further divided into temporary and permanent visas, based on their duration.

Another type of Partner Visa, which does not fall into either category is the Prospective Marriage Visa, which many also refer to as a fiance visa.

Australia Partner Visa Types

Here are the types of Australian visas for partners and spouses:

  • Prospective marriage visa. You can get a Prospective Marriage Visa if you are engaged to an Australian citizen or resident, and you wish to marry them in Australia. This type of visa allows you to live there for 9 to 15 months, during which time you have to marry your fiance.
  • Onshore Partner Visas. The Onshore Partner Visas allow you to submit your visa application from within Australia and wait for it to be processed there. There is a joint application process, so you have to apply for both of them at the same time. However, you will receive the 820 first and wait two years until you become eligible for permanent residency. There are two visas:
    • Onshore Temporary Partner Visa (Subclass 820), which is valid for about two years.
    • Onshore Permanent Partner Visa (Subclass 801), which is permanent. After two years with a subclass 820 visa, you have to submit a few other documents and then you will receive the 801 Visa as well.
  • Offshore Partner Visas. The Offshore Partner Visas allow you to submit your application from outside Australia. Once you receive your visa, you can join your partner and wait to become eligible for permanent residency. You have to apply for both the Subclass 309 and Subclass 100 Visa at the same time, but you will only receive the permanent visa once two years have passed since you got the temporary visa. You have to be outside Australia when you apply and when you receive the 309 Visa, but you can be in or outside Australia when you receive the permanent visa.There are two Offshore Partner Visas:
    • Provisional Offshore Partner Visa (Subclass 309). This is a temporary two-year visa.
    • Offshore Migrant Partner Visa (Subclass 100). This is the permanent visa you will receive after the temporary one expires.

Difference Between the Temporary and Permanent Visas

Even though you apply for the Temporary (Subclass 820/309) and Permanent (Subclass 801/100) Partner visas at the same time, you do not receive them simultaneously. You have to wait for two years to pass since the grant of a temporary visa to receive the permanent one. During this time, you will be living in Australia with your partner.

Two years after you receive the Temporary Visa, the Department of Home Affairs will notify you that they have started to process your permanent residency application and you will be required to submit a few other documents.

You will pay the visa application fee at the very start when you submit the joint application, so for a Permanent Visa, you do not need to pay anything.

The reason you do not receive the permanent visa immediately is because the Australian Immigration Authorities want to make sure that you really have ties to Australia before settling there permanently.

Note: If you and your partner have been married or in a de facto relationship for longer than three years, you do not need to wait another two years to get permanent residency. You will receive it immediately.

General Conditions for an Australian Partner Visa

To be eligible for an Australian Partner Visa, you and your partner must meet these conditions:

  • Your partner has to be an Australian citizen, a permanent resident, or an eligible New Zealand citizen.
  • You must be adults (over 18 years old).
  • You must either be married or in a de facto relationship (i.e. you live together, share finances and domestic lives, etc.)
  • You must have been in a relationship for at least twelve months at the time of application.
  • You must be in a genuine, exclusive relationship.
  • You must be able to prove the authenticity of your relationship.

Sponsorship Conditions

There are also certain conditions that your partner in Australia must meet to be eligible to sponsor you:

  • Your partner cannot sponsor more than two partners in their lifetime. So if they have already sponsored two other people previously, they cannot sponsor you.
  • Your partner cannot sponsor you if they have already sponsored another partner within the last five years.
  • If your partner was sponsored and received their own Permanent Partner Visa within the last five years, they cannot sponsor you. They must wait until five years have passed since they received the visa.

How to Prove a Relationship is Genuine?

To prove your relationship is genuine, the Australian visa authorities will ask you to provide several documents. This can be utility bills addressed to both of you to prove you share domestic matters, a joint bank account to prove you share finances, phone records to prove you keep in touch when you are apart, pictures of the two of you together and with other people to prove you have spent time together and that other people know of your relationship, etc.

Before you receive the permanent visa, two people that know both you and your partner know will have to complete a form, which is intended to serve as a guarantee by that person that you and your partner are indeed a couple.

The documents you are required to provide for an Australian visa will be listed on the ImmiAccount when you submit the application. They may differ on a case-by-case basis.

Can You Become an Australian Citizen By Marriage?

Yes, it will take a few years, but marrying an Australian citizen or resident can lead to Australian citizenship for you as well. Once you receive the Permanent Partner Visa, you can submit your application for citizenship after four years, if you meet all other requirements, such as:

  • Not having been outside Australia for longer than 12 months in the four years prior to the application.
  • Not having been outside Australia for longer than 90 days in the 12 months prior to the application.
  • Having some basic knowledge of the English language as well as the Australian culture, society, and way of life.

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