Barry Kelly Posted June 19, 2014 Share Posted June 19, 2014 Hi im wondering if anybody can help, I live in Australia 7 years and I currently hold an 820 visa and ive been eligble for Pr since march 2013 but i kept putting the application off and now the relationship has broke down, could somebody please advise me on any options I may have now to get Pr?? Many thanks B Link to comment Share on other sites More sharing options...
MaggieMay24 Posted June 19, 2014 Share Posted June 19, 2014 Since the process for applying for the 801 visa includes both applicant and sponsor providing statements attesting to the ongoing relationship, I don't think you'd qualify unless there are special circumstances (e.g. domestic violence). You should speak with a migration agent. Your only options may be applying for your own independent visa if you qualify (e.g. 189, 190, etc.) Link to comment Share on other sites More sharing options...
Quinkla Posted June 19, 2014 Share Posted June 19, 2014 I currently hold an 820 visa and ive been eligble for Pr since march 2013 but i kept putting the application off Not sure how this works. When you applied for the 820, you also applied for the 801 PR visa. After two years, they contact you looking for further information within a short timeframe (2 months, from memory). Failure to reply within this timeline would cancel the 820, wouldn't it? So I'm not sure how you have spent 15 months putting this off. Link to comment Share on other sites More sharing options...
Barry Kelly Posted June 19, 2014 Author Share Posted June 19, 2014 Well my visa is still valid as I last checked yesterday and there has not been any contact from diac so im presuming there is a back log. Link to comment Share on other sites More sharing options...
Barry Kelly Posted June 19, 2014 Author Share Posted June 19, 2014 Ok Maggie thanks for your help, I'm wondering would my time as a temp resident stand for anything?? Link to comment Share on other sites More sharing options...
CollegeGirl Posted June 19, 2014 Share Posted June 19, 2014 I'd love to hear an agent's thoughts on this. This is the third case in the last three months where I've read someone (here and on other forums) saying they had not sent in documents for their 801 reassessment, and yet none of their visas were cancelled (like I thought they were supposed to be). The 820 is only a two-year visa... it's not meant to allow you to stay in the country indefinitely. Link to comment Share on other sites More sharing options...
CollegeGirl Posted June 19, 2014 Share Posted June 19, 2014 To answer your question, Barry, no - it means nothing, unfortunately. Your PR is completely tied to your relationship, so when your relationship ends, you no longer qualify (with specific exemptions it doesn't sound like you qualify for, like having a child of the relationship or being a victim of domestic violence, as Maggie said). Link to comment Share on other sites More sharing options...
Adam Grey Posted June 19, 2014 Share Posted June 19, 2014 I'd love to hear an agent's thoughts on this. This is the third case in the last three months where I've read someone (here and on other forums) saying they had not sent in documents for their 801 reassessment, and yet none of their visas were cancelled (like I thought they were supposed to be). The 820 is only a two-year visa... it's not meant to allow you to stay in the country indefinitely. On a grant notice, the validity period of a 309/820 visa now states "until notified of the decision of the 100/801 or the application is withdrawn". Usually applicants are chomping at the bit to complete their PR so this isn't something I've personally come across, and I don't have access to the regulations right now so can't confirm for sure, but it's reasonable to assume that it's the DIBPs responsibility to impose a time limitation on receiving documents and making a decision on the PR visa and if they don't the 309/820 will just keep running until that happens. Nobody take that as advice though. Link to comment Share on other sites More sharing options...
Adam Grey Posted June 19, 2014 Share Posted June 19, 2014 I should point out as well to Barry that you're obligated to update the DIBP regarding the breakdown of the relationship. As pointed out above there are some instances where you can obtain your 801 visa even if the relationship broke down but unless these apply you may have to look at other independent routes. Link to comment Share on other sites More sharing options...
Quinkla Posted June 19, 2014 Share Posted June 19, 2014 Usually applicants are chomping at the bit to complete their PR so this isn't something I've personally come across, and I don't have access to the regulations right now so can't confirm for sure, but it's reasonable to assume that it's the DIBPs responsibility to impose a time limitation on receiving documents and making a decision on the PR visa and if they don't the 309/820 will just keep running until that happens. True enough. Being on a temporary visa is a precarious situation and seven years of it would be enough for most people. The OP and his ex-partner both need to inform DIBP of the breakdown of the relationship immediately and the likely result is that the OP will have to leave Australia within four weeks. However, he was clearly on some kind of visa prior to the 820 - was it perhaps a 457? If so, is there some way he could get back onto that? Link to comment Share on other sites More sharing options...
Barry Kelly Posted June 20, 2014 Author Share Posted June 20, 2014 I should point out as well to Barry that you're obligated to update the DIBP regarding the breakdown of the relationship. As pointed out above there are some instances where you can obtain your 801 visa even if the relationship broke down but unless these apply you may have to look at other independent routes. Ok thanks for the help Adam I currently have my agent sorting it out Diac are being contacted Link to comment Share on other sites More sharing options...
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