Gooseontheloose Posted May 6, 2018 Share Posted May 6, 2018 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! Quote Link to comment Share on other sites More sharing options...
Guest Posted May 6, 2018 Share Posted May 6, 2018 I’ve read on occasion where people expecting the 100 got the 309 and just enquired if the 100 grant was following. On those occasions it had been an oversight on the CO part and they sent out a follow up email with the 100 granted very soon after. No real dramas or legal bods needed. Iirc you can’t specifically request what visa you apply for with a partner visa. You just apply for both as it were and the CO makes their assessment. Usually if the timeframe is met PR visa seems to follow but I don’t think you can just consider it a done deal no matter what. They do word it to cover themselves it seems and give themselves wiggle room. Tbh I’d probably (and this is just how I’d have gone about it) have just sent a nice enquiry email and just asked if it had been an oversight or not and waited for them to reply. It may be it was and then the second stage soon followed. If not then followed up with some sort of legal advice and if need be contacting immigration to see if anything else could be done. Quote Link to comment Share on other sites More sharing options...
can1983 Posted May 7, 2018 Share Posted May 7, 2018 I specifically asked for the permanent visa be issue and explained how I had met the criteria. We had been together a similar amount of time and had one child at the time Quote Link to comment Share on other sites More sharing options...
wrussell Posted May 7, 2018 Share Posted May 7, 2018 Here is the relevant policy: ********************************************************************************************************************************* Long-term relationship Under 801.221(6A) the BS-801 visa can be granted within the two-year period if the relationship was already long-term when the visa application was made. In this situation (see also section 12 If the partner relationship is long-term), if the s65 delegate decides that the UK-820/BS-801 applicant: is otherwise eligible to be granted a UK-820 visa can satisfy the Schedule 2 long-term partner relationship criterion (see also the regulation 1.03 definition) and has notified the department of their relevant circumstances either in their application or subsequent correspondence the delegate is to, immediately after granting the UK-820 visa, assess the BS-801 application and, if Schedule 2 criteria are satisfied, should proceed to grant the BS-801 visa. Other prescribed circumstances Following grant of the UK-820 visa, a delegate may consider grant of the BS-801 at any time in the two-year period in prescribed circumstances - see: 801.221(5) - the Australian partner dies - see section 10 If the Australian partner has died since UK- 820 visa grant 801.221(6)(c)(i) - family violence has occurred – see section 11.4 If family violence has occurred or 801.221(6)(c)(ii) - the applicant is given custody or access rights over a child for whom the Australian partner has custody/access rights and/or maintenance obligations - see section 11.5 If the case involves access or custody (or similar) rights. *********************************************************************************************************************************** Did you submit adequate evidence of your long-term realtoionship, or just make a 'bald' claim? Quote Link to comment Share on other sites More sharing options...
Gooseontheloose Posted May 7, 2018 Author Share Posted May 7, 2018 I submitted more than adequate evidence, otherwise I wouldn't have posted asking for advice. So much so, that sending the above mentioned email prompted my 801 to be granted this morning, so I don't think immigration thought I was making a 'bald' claim either. Hopefully this post is useful for someone else in this situation, just skip past the snarky bits above. Timeline: 5 years together, lived together since day 1, married. Submitted my application on 1st Dec 2017, asked for police checks and medical on Feb 21st, received 820 3rd May, sent an email requesting the 801 on the same day and 801 granted 7th May. Didn't use an agent. Quote Link to comment Share on other sites More sharing options...
Guest Posted May 8, 2018 Share Posted May 8, 2018 3 hours ago, Gooseontheloose said: I submitted more than adequate evidence, otherwise I wouldn't have posted asking for advice. So much so, that sending the above mentioned email prompted my 801 to be granted this morning, so I don't think immigration thought I was making a 'bald' claim either. Hopefully this post is useful for someone else in this situation, just skip past the snarky bits above. Timeline: 5 years together, lived together since day 1, married. Submitted my application on 1st Dec 2017, asked for police checks and medical on Feb 21st, received 820 3rd May, sent an email requesting the 801 on the same day and 801 granted 7th May. Didn't use an agent. Seems like another of those oversights they make from time to time. Glad it was sorted for you. Quote Link to comment Share on other sites More sharing options...
Andy8 Posted February 18, 2019 Share Posted February 18, 2019 @Gooseontheloose What email did you send it to? I'm in the exact same situation? and What did you say in the email? Quote Link to comment Share on other sites More sharing options...
Gooseontheloose Posted February 18, 2019 Author Share Posted February 18, 2019 (edited) Hi, You'll need to find out where your visa was processed (I called immigration to get this information) and was given this email address: vic.ssp.processing@homeaffairs.gov.au This is the email I wrote, I got my 801 within a few days of sending the email: Dear sirs I recently received my 820 visa grant in relation to my Partnership visa application. I was surprised to see that I have not been automatically granted the 801 permanent partner visa, despite fulfilling the long term relationship requirements listed on the immigration website. 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 husband, an Australian citizen, and I have been in a long term relationship for 5 years. Our application included over 100 pieces of supporting evidence of our relationship dating back to 2013 which contained: Evidence of three joint bank accounts dating back to May 2013 Telephone records highlighting calls and texts dating back to 2014 3 joint residential leases Extensive evidence of joint travel dating back to April 2013 Joint utility bills dating back to 2013 NSW Marriage Certificate Evidence of my husband’s Australian citizenship 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. Kind regards Edited February 18, 2019 by Gooseontheloose Quote Link to comment Share on other sites More sharing options...
Andy8 Posted February 18, 2019 Share Posted February 18, 2019 (edited) @Gooseontheloose my 820 visa was granted on 14/02. at the time of the application I had been married for more than 3 years and lived together for 3.5 years. Edited February 19, 2019 by Andy8 Quote Link to comment Share on other sites More sharing options...
Andy8 Posted February 18, 2019 Share Posted February 18, 2019 @Gooseontheloose thank you I just read the body of the email! Quote Link to comment Share on other sites More sharing options...
Andy8 Posted February 18, 2019 Share Posted February 18, 2019 would it be the same email for Sydney (NSW)? Quote Link to comment Share on other sites More sharing options...
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