Dan Mears Posted December 5, 2013 Share Posted December 5, 2013 This may seem like a stupid question, however, I would like advice from someone who has possibly been through this before and maybe even had an answer on this from an 'official' source... I am finalising my 820 application and making sure all sections are complete and accurate. I have been with the o/h for nearly 6 years, and we recently got engaged here in Oz. The engagement wasn't to start planning a wedding, heck, we don't know whether it will be one, three or five years down the track!?! So, on form 40SP do we still stick with 'Defacto', as the application originally was, or can we put engaged with 'N/A' or 'Unknown' on the Date of Intended Marriage? Like I said I know this may sound almost stupid, but I just want to make sure this is right. It may seem obvious that "of course its engaged", but I wouldn't want it to work against us if we put 'Engaged' without knowing a date and this then looking like we've just got engaged to enhance the visa application without any thought of marriage, when truth is, engagement was just the next step and something I had wanted to do for a long time, but never had the money or opportunity to in the UK, but have while in Oz. I'm thinking the truth (as always) would be best, but I just wanted to check if it's actually acceptable to put 'Unknown' on Date of Intended Marriage? Whilst we are on the topic, 820 is the 'Onshore Temporary Partner Visa', but I am hoping that due to the length of the relationship I can get assessed for PR (801) straight away, so do I file Form 80 (Personal Particulars) as an application for a 'Further Temporary Stay' or an application for PR? Or do I attach 2x Form 80's, one for 820 (indicating Temp) and one for 801 (indicating PR)? Thanks in advance for any help you are able to give. Regards Dan & Loz Quote Link to comment Share on other sites More sharing options...
CollegeGirl Posted December 5, 2013 Share Posted December 5, 2013 (edited) You're applying as a de facto couple. I would mark "de facto," actually. If you look at the form, you'll notice there's no "which visa are you applying for?" question. This question serves to confirm the visa type you should be applying for. It's the same form for spouse visas, de facto visas, and prospective marriage visa applicants. PMV applicants are who the "engaged" option is for, IMO. Just my two cents. Edited December 5, 2013 by CollegeGirl Quote Link to comment Share on other sites More sharing options...
Adam Grey Posted December 5, 2013 Share Posted December 5, 2013 It's the problem that can arise from having one form for multiple visa options. I agree with CollegeGirl and would tick de facto. You can always mention the engagement in the additional information page at part L. Quote Link to comment Share on other sites More sharing options...
wrussell Posted December 5, 2013 Share Posted December 5, 2013 You seem to be creating unnecessary problems for yourselves. May I suggest that you run your case past a registered migration agent to get on the right track? Quote Link to comment Share on other sites More sharing options...
Guest Posted December 5, 2013 Share Posted December 5, 2013 (edited) Edited. Edited December 5, 2013 by Guest Quote Link to comment Share on other sites More sharing options...
CollegeGirl Posted December 5, 2013 Share Posted December 5, 2013 Sorry, I missed your last paragraph there. On Form 80, you tick that you are applying for Permanent Residency. I know it's confusing, but the application you're about to submit applies for both the 820 and the 801. There is no second application or second fee for the 801. It can be confusing because Immi does request certain documents from those who start out with the TR before they grant permanent residency a couple of years down the road, but that's actually a "reassessment" for permanent residency and is only to ensure the relationship is still genuine and ongoing. It's not considered a new application. Long story short: With this application you are applying for permanent residency, which you will get right away anyway due to the length of your relationship. Couples married/defacto for more than 3 years, or married/defacto for two years and who have a child together, go straight to PR. Quote Link to comment Share on other sites More sharing options...
CollegeGirl Posted December 5, 2013 Share Posted December 5, 2013 Of course, that's assuming you have evidence of being de facto at least three years back. Quote Link to comment Share on other sites More sharing options...
BritChickx Posted December 5, 2013 Share Posted December 5, 2013 (edited) Sorry to jump on the thread, so you fill out form 80 and include that for the 820 partner visa app? I'm expecting to get TR as we've not been together more than 3 years so do I tick that i'm applying for temp or permanent residency? Edited December 5, 2013 by BritChickx Quote Link to comment Share on other sites More sharing options...
Adam Grey Posted December 5, 2013 Share Posted December 5, 2013 Sorry to jump on the thread, so you fill out form 80 and include that for the 820 partner visa app? I'm expecting to get TR as we've not been together more than 3 years so do I tick that i'm applying for temp or permanent residency? Permanent Residency. When you apply for an 820 you're also making an application for an 801 at the same time. The 820 is classed as provisional, i.e. you will receive permanent residency on the provision that your relationship still meets the criteria when the 801 is finally assessed. Quote Link to comment Share on other sites More sharing options...
Dan Mears Posted December 6, 2013 Author Share Posted December 6, 2013 Thank for your help I'd forgot that the same forms are used across multiple Visa types, so it does make sense that we'd still be 'de-facto' as opposed to engaged. Thanks for clarification on form 80 also Quote Link to comment Share on other sites More sharing options...
Quinkla Posted December 6, 2013 Share Posted December 6, 2013 If you have sufficient evidence for a de facto visa dating back 3 years, just run with that. Do not mention engagement as that will cause confusion and risk making your de facto status look less credible. Quote Link to comment Share on other sites More sharing options...
Dan Mears Posted December 6, 2013 Author Share Posted December 6, 2013 If you have sufficient evidence for a de facto visa dating back 3 years, just run with that. Do not mention engagement as that will cause confusion and risk making your de facto status look less credible. Surely us getting engaged only further demonstrates a 'Commitment to a shared life together to the exclusion of all others' and that the relationship is 'genuine and continuing'?... Quote Link to comment Share on other sites More sharing options...
Adam Grey Posted December 6, 2013 Share Posted December 6, 2013 Surely us getting engaged only further demonstrates a 'Commitment to a shared life together to the exclusion of all others' and that the relationship is 'genuine and continuing'?... Yes it does and should definitely be included in the application. Quote Link to comment Share on other sites More sharing options...
Quinkla Posted December 6, 2013 Share Posted December 6, 2013 Surely us getting engaged only further demonstrates a 'Commitment to a shared life together to the exclusion of all others' and that the relationship is 'genuine and continuing'?... But your application is based on that commitment having been made many years ago. If you say that you are only getting engaged now, someone may say wait until you are married and then apply for a temporary partner visa. Quote Link to comment Share on other sites More sharing options...
CollegeGirl Posted December 6, 2013 Share Posted December 6, 2013 I don't agree with Quinkla on this one... you've been living together as man and wife just without the marriage, and now you've decided to get married. It's just further evidence, as Adam said, IMO. I've never heard of Immi telling a de facto couple who got engaged to wait to apply when they got married. It's actually not uncommon for de facto couples to also be engaged. It's just another sign of their commitment to one another. Quote Link to comment Share on other sites More sharing options...
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