Original title: Can a spouse immigrate and be PR if the relationship is broken up by domestic violence? In the three cases, can I transfer to permanent residence "early"?
During this time, the 801 of spouse immigration is still centrally signed, and the 820 is getting faster and faster, and we have submitted it in early September yesterday, and it has been signed.
Spouse immigration is a two-step PR application whether it is in China or abroad, 820 to 801 in China, and 309 to 100 in overseas, unless it is already a long-term relationship, it generally takes 2.5-3 years.
We always wish people a long time, but the relationship can sometimes be as thin as a cicada's wings, if the relationship breaks down during the period, can it still be turned into PR? Does the applicant need to be careful to maintain the relationship with the sponsor to ensure that the final transfer to permanent residence is successful?
In fact, if one of the following situations is the case, the applicant can transfer to permanent residence early
The first is domestic violence
Type 2: Have a child with the sponsor's spouse
Type 3: Death of spouse
Today I will mainly talk about the first and second types
The first is domestic violence
In recent years, Australia has passed a lot of legislation to prevent or combat domestic violence related to visa applications, the main purpose is not to let applicants have to swallow domestic violence because of visas.
Not only spouse immigration, we have also introduced before that when applying for any visa, you must truthfully declare that there is a domestic violence order (DVO) or other orders, and the declared visa application may be referred to VACCU. A few people may have been referred to VACCU! Why would it be? How to avoid it? How to respond?
Returning to spousal immigration, how to define domestic violence in the first place?
The main ones include:
- Physical abuse
- Sexual abuse
- Verbal or emotional abuse
- Social abuse is the act of cutting off contact with family, friends, or the community
- Financial abuse refers to the act of restricting access to funds
Detailed examples of each can be seen in the figure below
What to do if you are subjected to domestic violence
The process is: notify the immigration office - collect documents (relationship materials and proof of domestic violence) - submit the documents
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Domestic Violence Related Proof - Judicial and Non-judicial
Judicial cases such as court injunction/court order/records from court, etc., and it is also helpful to provide proof of application for court order
Both need to be final court order, interim order is not strictly considered judicial evidence, but if you are waiting for the final result, it can be provided as a reference
Non-judicial will be more common, medical records, police records, help for social workers/support agencies, psychological counseling, etc., are listed in the figure below:
If there is too little domestic violence material, USCIS will seek advice from a third-party agency for independent agency to make a judgment
Proof of relationship materials
- This is easy to overlook, and the victim of domestic violence still needs to provide proof that the relationship between the two people continued before the relationship broke down
- These materials are also relational materials from financial/household and domestic/social/commitment, the four normal aspects.
- If the other party deliberately or unwillingly cooperates after the breakdown of the relationship (for example, the materials may be in the name of the other party or jointly require the consent of the other party to obtain), the corresponding explanation can be made, and the principle is that these four aspects should be provided as much as possible, and as much as can be given
Scenario 2: There is a child between the applicant and the sponsor
This kid needs to be
- dependent child under 18 years of age
- It can be one or more
- The applicant has custody of the child, or there is joint custody between the applicant and the sponsor, which is usually the latter before the relationship breaks down
- The child needs to be a biological child between the sponsor and the applicant, and one of the stepparents is not satisfied
The request is straightforward, and there are no surprises in reality, so it is not difficult to prove that "your children are yours".
It should be reminded that, as in the case of domestic violence, you also need to prove that your spousal relationship existed before the relationship broke down, and there are four major aspects: Financial/ household and domestic/social/commitment.
Application Process:
1. The sponsor fills in the notification of relationshp cessation form and informs the immigration bureau that the sponsorship will be revoked
2. After that, the USCIS will send an S57 asking for an explanation of why it was revoked
3. The applicant needs to submit a response, which should be clearly stated
(1) Your relationship was real and subsistent before the relationship broke down
(2) Since there are small children, the applicant can transfer to 801PR through exemption
This will involve the citation of legal provisions, how to arrange the custody of children after the breakdown of the relationship, if divorce and custody lawsuits are involved, what stage is it currently in, etc., and the corresponding interpretation needs to provide materials to support it
Compared with domestic violence, this situation will be more direct in terms of material collection, and it is important to show and explain your situation to the visa officer
Recent success stories of our spouse immigration
801
801
820
820