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    Thread: 820/801 Visa App; Form 40SP (and Form 80!)


    1. #1

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      820/801 Visa App; Form 40SP (and Form 80!)

      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


    2. #2

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      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.
      Last edited by CollegeGirl; 05-12-2013 at 02:54 PM.
      Dan Mears likes this.
      Applied for PMV 300: 18 April 2013 (Washington, D.C.) Police Checks: Front-loaded. Medicals: 3 June 2013 Meds Referred: ? Meds Cleared: 8/2013 PMV GRANTED: 03 JAN 2014! Married: March 2014. Applied for 820: 28 April 2014. 820 GRANTED: 07 July 2014!

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      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.
      CollegeGirl and Dan Mears like this.
      Client Service Manager - QuickVisas / Carman & Associates.
      www.QuickVisas.co.uk

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      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?
      Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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      820/801 Visa App; Form 40SP (and Form 80!)

      Edited.
      Last edited by snifter; 05-12-2013 at 09:41 PM.

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      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.
      Applied for PMV 300: 18 April 2013 (Washington, D.C.) Police Checks: Front-loaded. Medicals: 3 June 2013 Meds Referred: ? Meds Cleared: 8/2013 PMV GRANTED: 03 JAN 2014! Married: March 2014. Applied for 820: 28 April 2014. 820 GRANTED: 07 July 2014!

    7. #7

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      Of course, that's assuming you have evidence of being de facto at least three years back. :)
      Applied for PMV 300: 18 April 2013 (Washington, D.C.) Police Checks: Front-loaded. Medicals: 3 June 2013 Meds Referred: ? Meds Cleared: 8/2013 PMV GRANTED: 03 JAN 2014! Married: March 2014. Applied for 820: 28 April 2014. 820 GRANTED: 07 July 2014!

    8. #8

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      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?
      Last edited by BritChickx; 05-12-2013 at 09:45 PM.

    9. #9

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      Quote Originally Posted by BritChickx View Post
      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.
      BritChickx likes this.
      Client Service Manager - QuickVisas / Carman & Associates.
      www.QuickVisas.co.uk

    10. #10

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      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
      CollegeGirl likes this.

     

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