Partner Visa problems after marriage in China

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Partner Visa problems after marriage in China


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Old 07-08-2016, 07:02 AM
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Partner Visa problems after marriage in China

Has anyone had problems getting a Partner Visa approved after they were married to a Chinese woman in China? I am curious about how strictly the Immigration Department enforce the requirements for length of time living together, joint financial affairs, and so on. If you get married in China after a relatively short long distance relationship, no financial ties and having spent only a few weeks together in China, does the Immigration Department consider the marriage to be a sign of a genuine relationship or do they think that it is in fact not genuine?


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Old 07-08-2016, 08:10 AM
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If you are married there is no specific requirement for a length of time living together. You just have to provide evidence that you are in a genuine and continuing relationship to the exclusion of all others.

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Old 07-08-2016, 08:44 AM
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Quote:
Originally Posted by Tasman View Post
Has anyone had problems getting a Partner Visa approved after they were married to a Chinese woman in China? I am curious about how strictly the Immigration Department enforce the requirements for length of time living together, joint financial affairs, and so on. If you get married in China after a relatively short long distance relationship, no financial ties and having spent only a few weeks together in China, does the Immigration Department consider the marriage to be a sign of a genuine relationship or do they think that it is in fact not genuine?
I know I can't give you the answer you're after, but having the choice between a PMV and a risky sc. 309 visa, I really don't understand why anyone would pursue the latter. However, if you want to convince yourself ( and your partner) one way or the other, you could research relevant MRT/AAT cases. That's how I usually approach it. Happy reading!

You can search here:http://www.austlii.edu.au/form/searc...cases/cth/MRTA

Select the following database :"Commonwealth : Migration Review Tribunal" and enter different combinations of search terms like "China, marriage, 309". You will find plenty of cases where married couples have been refused a sc. 309 visa. Some refusals were upheld, others remitted. Even if the decision is remitted, it adds at least 12 months to the process. You'll see that a lot of the refusals are based on failing to meet the "genuine relationship" requirement, despite the couple being married.

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Last edited by CCMS; 07-08-2016 at 11:46 PM.

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Old 07-09-2016, 03:00 AM
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hy Tasman, i am sharing here my thougts........first of all...living together is one things...spend few weeks together is another things.......
about the reply from Jeremy i have only to point out that the partner migration booklet wrote clear " show that you and your partner are living together or , if not ,...any separation is only temporary........" they used " are living together" not you lived together ..................
In may opinion is correct that there is no specific requirement for a lenght of live together , but all must be reasonable and according the normal lifestyle of one married couple.
in my opinion means you cannot live together for one week and later separate for the others 3 ...except maybe very specific case.....

thats only my concern....


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Old 07-09-2016, 03:30 AM
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hy, i cannot post the link but...........
see MIGRATION REGULATIONS 1994 - REG 1.15A

(d) the nature of the persons' commitment to each other, including:

(i) the duration of the relationship; and

(ii) the length of time during which the persons have lived together; and

(iii) the degree of companionship and emotional support that the persons draw from each other; and

(iv) whether the persons see the relationship as a long-term one.


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Old 07-09-2016, 03:52 AM
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Every case is different so you can't compare with someone else. When people can't live together they apply for the PMV. Unfortunately it is too late now for that.

It all comes down to the evidence you supply. Some that can't live together supply evidence such as western union transfers as means of supporting the spouse. A marriage certificate and photos is not enough.

When we applied for a PMV we were advised not to get married while it was processing. We were told you need to be able to live together for a few months in order to gather evidence.


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Old 07-09-2016, 03:57 AM
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Not clear if you got married or not.

Do not if you have not, you need to look at the PMV.


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Old 07-09-2016, 03:06 PM
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I married my Chinese wife in Guangzhou Jan 2014,we applied for her 309/100 Dec 18th 2015,it was granted 15th Sept 2015. We had not lived together at all and remained in our countries until the visa was granted,she arrived to Melbourne 18th Dec 2015.We met online (QQ) May 2012,I visited her in China 4 times and a 5th when we lodged the application,each visit was for an average duration of 10 days.it is possible to get a 309/100 visa without ever living together,with some good evidence a genuine application can be approved.


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Old 07-09-2016, 03:52 PM
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Quote:
Originally Posted by Redson View Post
I married my Chinese wife in Guangzhou Jan 2014,we applied for her 309/100 Dec 18th 2015,it was granted 15th Sept 2015. We had not lived together at all and remained in our countries until the visa was granted,she arrived to Melbourne 18th Dec 2015.We met online (QQ) May 2012,I visited her in China 4 times and a 5th when we lodged the application,each visit was for an average duration of 10 days.it is possible to get a 309/100 visa without ever living together,with some good evidence a genuine application can be approved.
Hello Redson,
Thank you for your reply.
I am a little confused by the dates you mention:
Married Jan, 2014
Applied 309/100 Dec, 2015 ???
Granted Sept, 2015
But the main point you make is that between the time you met on the internet and the time that you were married, you had only been to China on 5 occasions and each time was only for a period of 10 days.
Did the question of time spent living together ever come up while your application for the 309 Visa was being considered? I am wondering if you had to provide a good reason for why you had not spent more time together in China?
After you were married and applied for the 309 Visa, did you consider applying for some sort of Tourist or Family Visitor Visa while the 309 was being considered?
What do you think was the most important part of your evidence to support your application?
I am asking all these questions because the vast majority of advice in Australia, for a couple that have not cohabited for a significant length of time, is to apply for a Prospective Marriage Visa 300. Yet your application for the 309 was successful.


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Old 07-10-2016, 02:08 AM
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hallo Redson.....
well......you met her in may 2012 , married in jan 2014 and apply 309 in december 2015........... 3 and half year and you spend only 50 days with her......
i think you avoid to share other important info about your relationship...
if i could be one officier,.......you need bite me for let me trust this is one serious relationship.........sorry...........i think you should explain more for justify your visa with this info.


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