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Partner Visa 820 Onshore


The Bears

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Hello Everyone,

 

Since planning our move to FNQ i have been on here regularly looking for advice and generally reading posts.

 

I myself am an Australian citizen (by descent) so moving over has been a very smooth process however my husband has come on a WTV. As we were/are unsure about how long we want to stay here and were planning on him completing his 88 days in order for us to stay for 2 years. However the required work has been harder to fine then we imagined.

 

We have been here just over a month and so far really enjoying it.

 

This has got us thinking about getting a partner visa so we can stay longer. But looking online I am a little confused about how long this will take.

 

Our situation is:

 

Been together 5 years

Living together for 4 years

Married 2 years

Both British (I have dual for both)

 

What I understand so far is that to apply for the visa on shore it would cost around $7000. But can my husband work during the time of the visa being looked at etc. Is there more costs surrounding the visa?

 

I looked at going to see a immigration agent but the one I saw in Cairns cost $150 an hour! (is this in line with others?)

 

Any advice would be greatly appreciated.

 

The Bears x

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When your husband applies for an 820, he will be granted a Bridging visa A which has unrestricted work rights but it will only take effect if his WHV expires before a decision is reached on his 820 application. Until then though, he can work because he holds a WHV (if that's what you mean by WTV). Once he has applied for the Partner visa (but not before), if the BVA hasn't taken effect and he finds a job where he wants to stay beyond the 6 months per employer allowed under the WHV, he will be able to apply for permission to stay with the employer beyond the 6 months. When the BVA kicks in, there are no restrictions.

 

If you have good evidence to show that your relationship is genuine (just being married isn't enough), you should be able to handle the whole process without using an agent - most people do their own Partner visa applications. If he can provide evidence that you've lived together for 3 years or more (married and/or defacto), he will probably be granted an 801 permanent visa from the outset. You still apply for the 820/801 and DIBP decide which one to grant based on how long you can show that you have been in a marriage-like relationship.

 

The only additional costs are for a medical and PCCs for every country in which he has lived for 12 months or more since the age of 16. That will include Australia as he will have been here for longer than 12 months before the visa is granted.

Edited by Ozmaniac
Typo
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  • 1 month later...
Processing times for the onshore partner visa are 12-15 months, but like Ozmaniac said so perfectly above, he can work during all that time, so the wait shouldn't be TOO troublesome. xx

 

Is it really that long for the 820? I applied last July and was really hoping to hear in the next month or so as they are saying on the website 6 months for low risk! Does anyone know when we should hear from our CO? I'm just getting the processing, don't call us message on the immi website and wondering what to expect.

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Is it really that long for the 820? I applied last July and was really hoping to hear in the next month or so as they are saying on the website 6 months for low risk! Does anyone know when we should hear from our CO? I'm just getting the processing, don't call us message on the immi website and wondering what to expect.

 

Have a look at this link. It's correct and states 12-15 months. The page your looking at is their processing standards as a whole (not taking into account individual embassy's) ie what they hope to achieve and hasn't been updated for a while.

http://www.immi.gov.au/Visas/pages/801-820.aspx

 

820 is not processed by one CO anymore - it's done by a team of people these days. If you gave them all the info they need you won't hear from anyone until your visa is granted. If they need a police check or medical then someone will contact you

Edited by engaus
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