Onshore partner 820 visa

[Donnab03]

Hi guys, my name is Donna.

I have been living in Australia since May 2013 on a offshore 309 then turn permanent 2014.

My question is, my new partner and i would like to do the onshore 820 partner visa. Can anyone give myself an estimated time of how long it takes to be granted the defacto. 

Also my partner is a Brazilian student here and his student visa ends in March. How long does it take for the immigration office to say, ok the visa is lodged and the BVA will be granted the after your student visa ends. 

Thank you in advance for any advice.

[Nemesis]

14 minutes ago, Donnab03 said:

Hi guys, my name is Donna.

I have been living in Australia since May 2013 on a offshore 309 then turn permanent 2014.

My question is, my new partner and i would like to do the onshore 820 partner visa. Can anyone give myself an estimated time of how long it takes to be granted the defacto. 

Also my partner is a Brazilian student here and his student visa ends in March. How long does it take for the immigration office to say, ok the visa is lodged and the BVA will be granted the after your student visa ends. 

Thank you in advance for any advice.

Most important thing to note is that as you were sponsored on a Partner Visa you cannot sponsor a new partner for 5 years, unless 

• your previous partner has died;

• your previous partner has abandoned the relationship leaving young children;

• your relationship with your current fiancé(e) or partner is long standing; or

• you and your current fiancé(e) or partner have children of your relationship

https://www.border.gov.au/Forms/Documents/1127.pdf

 

Grants for 820s at present I think are well  over 12 months

[Raul Senise]

On 01/09/2017 at 21:13, Donnab03 said:

Hi guys, my name is Donna.

I have been living in Australia since May 2013 on a offshore 309 then turn permanent 2014.

My question is, my new partner and i would like to do the onshore 820 partner visa. Can anyone give myself an estimated time of how long it takes to be granted the defacto. 

Also my partner is a Brazilian student here and his student visa ends in March. How long does it take for the immigration office to say, ok the visa is lodged and the BVA will be granted the after your student visa ends. 

Thank you in advance for any advice.

Do yourself a favour and obtain some professional advice. Your situation is not straight forward.

[Donnab03]

Hi Raul, 

I keep reading that i cant sponsor until 5 years is up, however i cant find anywhere from when the 5 years start. Since lodgement, visa grant or entrance to Australia. Do you know? 

We did get a lawyer but even she wasnt 100% but she said we shouldnt have a problem. 

Thank you for your response. 

[Nemesis]

2 hours ago, Donnab03 said:

Hi Raul, 

I keep reading that i cant sponsor until 5 years is up, however i cant find anywhere from when the 5 years start. Since lodgement, visa grant or entrance to Australia. Do you know? 

We did get a lawyer but even she wasnt 100% but she said we shouldnt have a problem. 

Thank you for your response. 

I've been told that its from the date of grant - that's grant of the 309 or 820, if you were on the temp visa first.  The reasoning was that if the date of lodgement was used, the person does not have a visa then, its only a proposed sponsorship. Therefore if they pull out before the grant that doesn't count in the 5 year thing. 

I doubt alawyer would know, but maybe one of the registered agents like Raul on here could confirm

[elle99]

On 01/09/2017 at 13:13, Donnab03 said:

Hi guys, my name is Donna.

I have been living in Australia since May 2013 on a offshore 309 then turn permanent 2014.

My question is, my new partner and i would like to do the onshore 820 partner visa. Can anyone give myself an estimated time of how long it takes to be granted the defacto. 

Also my partner is a Brazilian student here and his student visa ends in March. How long does it take for the immigration office to say, ok the visa is lodged and the BVA will be granted the after your student visa ends. 

Thank you in advance for any advice.

According to the website: http://www.border.gov.au/Trav/Visa-1/801-

an 820 visa task 20-25 months to process so after the student visa expires he would get automatically receive a BVA unless a decision was made.

according to this information: http://www.border.gov.au/Trav/Visa-1/010-

honestly though - if he has competent English, is under 50 and has a required skill and/or uni degree it is faster and cheaper to apply as a skilled worker! (i.e. subclass 187/186/190)

http://www.border.gov.au/Trav/Work/

Best of luck!

 

 

[Raul Senise]

11 hours ago, Donnab03 said:

Hi Raul, 

I keep reading that i cant sponsor until 5 years is up, however i cant find anywhere from when the 5 years start. Since lodgement, visa grant or entrance to Australia. Do you know? 

5 years has passed since the date of making the application.

 

12 hours ago, Donnab03 said:

We did get a lawyer but even she wasnt 100% but she said we shouldnt have a problem. 

If your lawyer in Australia is not a Registered Migration Agent, they are breaking the law if providing Immigration Advice. It's not a matter of guessing, its a matter of researching the relevant Regulations. Division 1.4, Regulation 1.20J in this case.

 

12 hours ago, Donnab03 said:

Thank you for your response. 

You are welcome.

[Donnab03]

Yes she was a mugration agent just not a great one i dont think. 

Application was submitted june 2012, granted jan 2013 and we came to aus may 2013. 

So i should be all good then?

 

Thanks for everyones help

[Guest]

I’d run your case past one of the agents on the forum tbh. Student visa to partner visa and other things, at least let one of them give you an assessment. It’s a lot of money to stand to lose if the visa is declined.