Hi all,
I wondered if anyone here (individual or agent) had any experience of 'appealing' the decision to not grant the 801 immediately after the 820?
My husband and I have been together for 5 years, married for 6 months and have lived together since we met. The website states 'If, at the time you apply, you have been in a long term relationship with your partner, your permanent Partner visa (subclass 801) visa may be granted immediately after the temporary Partner visa (subclass 820) visa.’
A ‘long term relationship’ is then defined as: ‘We consider you have been in a long term relationship, at the time you lodged your application, if you had been with your partner for either:
three years or more
two years or more and you and your partner have a dependent child of your relationship.
You will need to provide documents that show you have been in your relationship for this length of time and if applicable, that you have a dependent child.’
My 820 was granted on Wednesday and based on the above statement, I was hoping that the 801 would arrive the same day. When it didn't, I called immigration who said the case worker must have made the decision that I should only be granted the 801. She gave me with an email address, to which I sent an email drafted by the lawyer at work basically saying ‘based on our robust amount of supporting evidence we submitted in support of our visa application, I write to request that you consider granting the 801 visa without the 2 year wait period, etc etc’.
We provided a lot of documentation to prove our relationship and were granted the visa within 5 months. I never specifically requested the 801 be granted straight away in the application because I thought we had more than fulfilled the requirement to show we were in a long term relationship. The word ‘may’ in ‘may be granted’ is throwing me, is it based purely on the feelings off your case officer on that particular day?!
So I guess the question is, has anyone successfully had the 801 granted after requesting it via email?
Thanks!