Keep me in oz

I wonder if they can decline them if you put an app in now but the legislation isnt in affect yet! a declined application might be a bad tarnish right?

It sure does hun!

I have a friend in the same boat, she is submitting hers today though just in hope she will get in with the old system. she isnt eligible under the rule of the new system at present. One would hope English people are exempt but i doubt it, the test has to be taken for other visas even if you are English so i cant see why this would be different!

When are you eligible? Mine is three weeks today! If the system allows me to apply in three weeks time i will be putting my app in i think!

so you think they will sit on the application and then when legislation is passed annul the application or something? or maybe freeze new applications (which they haven't done yet)

Thanks for the posts confirming where it is outlined! Any guesses on what will happen to people who apply after 20th April and before legislation is passed?

Where does it say it will be back dated guys? i just cant see it for looking?

where does it say this? i cant see it for looking lol!

OMG think it would come into effect immediately!? I have three weeks until I can apply!

And the Department have now kindly refunded me the entire application fee for my 309 visa! I couldn't be happier

ah yea no worries, its a relatively new thing! Caught me out! its all about the country i submitted my application in. I an English but was in Malaysia.

Feel free to have a read up on it.... https://www.border.gov.au/Trav/Visa/Biom

ha ha ha, I know right! trying living through it, it sent my head in a downward spiral! worth it now though, my partner and I just bought a house and it looks like I might get made permanent at work

I learned so much from peoples stories on this site, so here is mine which I hope you can learn from too! In May 2014 I applied for an onshore partner visa, my partner and I had only been living together for 8 months but due to financial reasons preventing us from obtain a property together we figured we had a good enough reason for the Department to grant our visa. In March 2015 this visa was declined. We immediately lodged an appeal with the Migration Review Tribunal and supplied further supporting evidence. In June 2015 I found out, from this site or one similar, that I could also apply for an offshore visa whilst the decision was being made on my declined application. Although an expensive option, we chose to lodge this as it would save us the pain of selling up and departing Australia should the tribunal not work out in our favour. So in June i went overseas on holiday, after applying for a bridging visa allowing me to depart and return to oz and successfully applied for a 309 offshore visa. I immediately received an email asking me to provide scans of my fingerprints for identifying purposes. After asking my migration agent, checking the information on the Department's website and even asking an Australian immigration officer at the airport, I returned to Perth with the intention of providing my fingerprints in my local immigration office. On Monday morning I called the Department to book an appointment in order to provide my fingerprints. To my absolute shock and horror they informed me that I was required to provide this information offshore. I explained to them that I had already returned to Perth and was told my application would never be processed unless I flew offshore again to provide my fingerprints (keep reading it gets better). So bearing in mind I only had permission to leave and return to Australia for the next 7 days, the validity of my bridging visa, I immediately flew back offshore to provide my fingerprints. An expensive trip I could have done without. I provided the Department with my fingerprints and was advised my application would now be processed. Still in June 2015 I returned to Perth to await my application to be process and for a hearing with the MRT. Meanwhile, I lodged a formal complaint with the Department and subsequently the Commonwealth Ombudsman about the lack of information provided in the Departments request for my fingerprints... I was like cmon guys if you had written the words 'this must be done offshore' it would have been as clear as day that I needed to provided them whilst overseas! After a couple of months of waiting I finally got a response from them... so it turns out I could have had my fingerprints could have been provided in Perth and they sent me back overseas incorrectly... can you even imagine my emotions when receiving that email??!?! They did apologise though! Pfffft! Anyways on to the compensation claim, so as a result of incorrect information which directly casued me to be at a financial loss, I lodged a compensation claim though the CDDA scheme. In Feb 2016 I was contacted by the Department of immigration in London about my 309 offshore visa, It was ready to be granted but as its an offshore visa I had to go overseas in order to allow this. In March 2016 I travelled overseas again and was granted my 309 Visa. Also in March 2016 I was given $1900 in compensation by the Department for the incorrect advice on my fingerprints. At least they paid for my airfare, accommodation, and taxis hey! Oh and my leave from work! On March the 15 I heard from the Tribunal, they had decided to overturn the decision on my onshore application. Thank you MRT! In May 2016 I was contacted by the Department of immigration asking me to provide new medicals and police clearances. I immediately advised them that I had current and valid ones on their systems as I did them all as part of my offshore visa application. After a few days of confusion on their part and some processing errors I was granted the 801 onshore permanent resident visa! This was all done slightly before the 2 years after my lodgement date too so that is a bonus! Complicated I know but if any of you can learn from this or have any questions please feel free to ask away

I learned so much from peoples stories on this site, so here is mine which I hope you can learn from too! In May 2014 I applied for an onshore partner visa, my partner and I had only been living together for 8 months but due to financial reasons preventing us from obtain a property together we figured we had a good enough reason for the Department to grant our visa. In March 2015 this visa was declined. We immediately lodged an appeal with the Migration Review Tribunal and supplied further supporting evidence. In June 2015 I found out, from this site or one similar, that I could also apply for an offshore visa whilst the decision was being made on my declined application. Although an expensive option, we chose to lodge this as it would save us the pain of selling up and departing Australia should the tribunal not work out in our favour. So in June i went overseas on holiday, after applying for a bridging visa allowing me to depart and return to oz and successfully applied for a 309 offshore visa. I immediately received an email asking me to provide scans of my fingerprints for identifying purposes. After asking my migration agent, checking the information on the Department's website and even asking an Australian immigration officer at the airport, I returned to Perth with the intention of providing my fingerprints in my local immigration office. On Monday morning I called the Department to book an appointment in order to provide my fingerprints. To my absolute shock and horror they informed me that I was required to provide this information offshore. I explained to them that I had already returned to Perth and was told my application would never be processed unless I flew offshore again to provide my fingerprints (keep reading it gets better). So bearing in mind I only had permission to leave and return to Australia for the next 7 days, the validity of my bridging visa, I immediately flew back offshore to provide my fingerprints. An expensive trip I could have done without. I provided the Department with my fingerprints and was advised my application would now be processed. Still in June 2015 I returned to Perth to await my application to be process and for a hearing with the MRT. Meanwhile, I lodged a formal complaint with the Department and subsequently the Commonwealth Ombudsman about the lack of information provided in the Departments request for my fingerprints... I was like cmon guys if you had written the words 'this must be done offshore' it would have been as clear as day that I needed to provided them whilst overseas! After a couple of months of waiting I finally got a response from them... so it turns out I could have had my fingerprints could have been provided in Perth and they sent me back overseas incorrectly... can you even imagine my emotions when receiving that email??!?! They did apologise though! Pfffft! Anyways on to the compensation claim, so as a result of incorrect information which directly casued me to be at a financial loss, I lodged a compensation claim though the CDDA scheme. In Feb 2016 I was contacted by the Department of immigration in London about my 309 offshore visa, It was ready to be granted but as its an offshore visa I had to go overseas in order to allow this. In March 2016 I travelled overseas again and was granted my 309 Visa. Also in March 2016 I was given $1900 in compensation by the Department for the incorrect advice on my fingerprints. At least they paid for my airfare, accommodation, and taxis hey! Oh and my leave from work! On March the 15 I heard from the Tribunal, they had decided to overturn the decision on my onshore application. Thank you MRT! In May 2016 I was contacted by the Department of immigration asking me to provide new medicals and police clearances. I immediately advised them that I had current and valid ones on their systems as I did them all as part of my offshore visa application. After a few days of confusion on their part and some processing errors I was granted the 801 onshore permanent resident visa! This was all done slightly before the 2 years after my lodgement date too so that is a bonus! Complicated I know but if any of you can learn from this or have any questions please feel free to ask away

@snifter I dont think you realize how unsettling it is waiting for your permanent residency. My partner and I have just been told our pre-approval for our home loan has been declined because of my temporary visa status, my employer has just made someone permanent over me simply because they couldn't hire me and my life for all intent and purposes is well and truly on hold! Nemesis I do hope it comes through for you soon, chin up! these things have a way of working themselves out! trust me!

From personal experience .... if you haven't lived together for 12 months it is likely you will get declined. Mine got declined the Tribunal then overturned the decision, but that took 12 months. If you have the choice to wait, I would do.

We were pretty confident actually, but someone suggested the plan b and it would be silly not to have a back up plan really! This one meant we stayed in oz and didn't have to go back to the uk for a year so it was really a great back up plan!

Ok, I will explain. I applied onshore in May 2014 which was declined, and MRT has just remitted the application back to the Department. I also applied offshore which was granted in March 2016. This visa was a back up plan and essentially is now redundant because the onshore visa will supersede this when its granted. I will continue with the onshore application and that process as I have almost satisfied the 2 year temporary residency criteria and am therefore eligible for the 801 which is permanent residency. Does that make sense now?

Thanks for your response @wrussell. All the criteria I was declined for has been addressed by MRT which is good, so I have no doubts at all now that the Department will go ahead and approve my visa. I am just wondering whether they will process the 801 at the same time. I'm 2 months short of the 2 year criteria. I applied in May 2014 so have not yet completed the two years of Temporary Residency. The Department already has valid police clearances and medicals for me as I have recently been granted a 309 visa so i'm they hold off slightly allowing me to get the 801 as I hear the processing times for that atm are almost a year again! what do you think my chances of that happening are? do you have much experience in this area?

I think im just going to call them, I already have a temporary visa, Subclass 309, I dont need another one, I need PR lol!

boooooooo! That isnt an answer I was hoping for! lol!

My 820/801 visa was declined on the basis that the Department did not think we were genuine and continuing. MRT decided that we are and remitted it back on the basis that we met the criteria at the time of the decision.

Hey people, its been a long old process but I finally received the decision from MRT and my case has been remitted to the Department. Its been 22 months since I applied for my 820/801 partner visa, ya reckon I will get the 801? thoughts?

Well what a week... got my 309 visa granted on 7 March, as scheduled and now have had my declined onshore application overturned by the Tribunal! man i can almost taste permanent residency! Woop woop!