Keep me in oz Posted March 16, 2016 Share Posted March 16, 2016 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? Link to comment Share on other sites More sharing options...
Isabelj28 Posted March 16, 2016 Share Posted March 16, 2016 Why was it remitted? Was it a procedural error? Link to comment Share on other sites More sharing options...
Keep me in oz Posted March 16, 2016 Author Share Posted March 16, 2016 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. Link to comment Share on other sites More sharing options...
Guest Posted March 16, 2016 Share Posted March 16, 2016 Given your circumstances, I'd just wait and see what they grant. Link to comment Share on other sites More sharing options...
Keep me in oz Posted March 16, 2016 Author Share Posted March 16, 2016 Given your circumstances, I'd just wait and see what they grant. boooooooo! That isnt an answer I was hoping for! lol! Link to comment Share on other sites More sharing options...
Isabelj28 Posted March 16, 2016 Share Posted March 16, 2016 Given your circumstances, I'd just wait and see what they grant. Agreed. My understanding is that remitted means that the case goes back to the Dept for them to reconsider, not that you'd automatically be granted a visa. If that were the case it would be overturned? Therefore is suggest that if the Dept do grant you a visa they'd probably err on the side of caution and go with a temporary visa in the first instance. Link to comment Share on other sites More sharing options...
Keep me in oz Posted March 16, 2016 Author Share Posted March 16, 2016 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! Link to comment Share on other sites More sharing options...
Guest Posted March 16, 2016 Share Posted March 16, 2016 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! They can't tell you much I don't think. Your CO is the person, not some random person at immigration who isn't there to give advice or anything. Link to comment Share on other sites More sharing options...
Quinkla Posted March 16, 2016 Share Posted March 16, 2016 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! DIPB might ask themselves why you would be so desperate to get a permanent visa if your relationship is genuine and ongoing... Link to comment Share on other sites More sharing options...
wrussell Posted March 16, 2016 Share Posted March 16, 2016 DIPB might ask themselves why you would be so desperate to get a permanent visa if your relationship is genuine and ongoing... No they won't. They will consider the remaining criteria, all of which the tribunal should have taken to account, but sometimes does not. Short of the minister appealing the tribunal decision in a court of law (it would now be too late for this) the worst that is likely to happen is a request for further medicals and/or police clearances. It is possible, but most unusual, for applications to be remitted with Directions by the tribunal and refused again on different grounds. As a rule remitted cases are supposed to be given some processing priority. Link to comment Share on other sites More sharing options...
Guest Posted March 16, 2016 Share Posted March 16, 2016 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! I really don't get your application if you hold a 309. You'd progress on to the 100 from that eventually anyways. When was your 309 granted? Your sig doesn't indicate that it has been anyways. You've applied for an onshore partner visa also? And waiting on that to grant also as well as the off shore one? Your process is very confusing. I'd honestly just wait and see what they grant. I don't think you'll get far speaking to some random person at immigration. Link to comment Share on other sites More sharing options...
Keep me in oz Posted March 17, 2016 Author Share Posted March 17, 2016 No they won't. They will consider the remaining criteria, all of which the tribunal should have taken to account, but sometimes does not. Short of the minister appealing the tribunal decision in a court of law (it would now be too late for this) the worst that is likely to happen is a request for further medicals and/or police clearances. It is possible, but most unusual, for applications to be remitted with Directions by the tribunal and refused again on different grounds. As a rule remitted cases are supposed to be given some processing priority. 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? Link to comment Share on other sites More sharing options...
Keep me in oz Posted March 17, 2016 Author Share Posted March 17, 2016 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? Link to comment Share on other sites More sharing options...
AJ Posted March 17, 2016 Share Posted March 17, 2016 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? You must have had some doubts about being successful then if you even had a backup plan! Link to comment Share on other sites More sharing options...
Keep me in oz Posted March 17, 2016 Author Share Posted March 17, 2016 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! Link to comment Share on other sites More sharing options...
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