Do I need to wait 2 years between 820 and 801 visa?

[bneshrimper]

My wife and kids can apply for Aussie citizenship on 1st July under changes to rules for Kiwis. At the point when they’re citizens  I understand I can apply for a subclass 820 visa which is temporary which then leads to a permanent 801. That’s normally a 2 year gap between the two BUT I’m reading that if you’ve been in a relationship for 2 or more years and have a child together you might not need to wait that 2 years and could get that 820 and 801 at the same time. I’ve been married over 20 and have two kids, and lived here for 15 years on 461 visas.

So is that correct and if so is it applied automatically based on my circumstances or assessed case by case?

Not overly stressed out, just happy there’s a pathway and if I have to wait 2 years then so be it. Won’t materially impact me. But keen to get to PR and citizenship as soon as I can now that pathway has opened up.

Thanks a lot in advance.

[rammygirl]

You should get PR straight away basically both visas are awarded if you meet the criteria with no wait in between.  Do not assume that just being long married with kids is enough though. You still need to include other evidence of the relationship and create a full application. 
 

[Marisawright]

There's nothing you can do about it either way. You apply for the partner visa, and THEY decide whether you go straight to the 801 or have to do the two years on the 820.  

It sounds like you'd probably get the 801 immediately, but as rammygirl says, remember that just being married with kids isn't enough to get you the visa. You still have to provide all the evidence of the length of the relationship, shared finances and all that jazz. 

[bneshrimper]

Thanks both for your replies. We have joint bank statements going back years, utility bills etc etc. Should be able to give them whatever they need.

[paulhand]

3 hours ago, bneshrimper said:

So is that correct and if so is it applied automatically based on my circumstances or assessed case by case?

Correct and it's 'automatic' in the sense that it's a function of the way the law is drafted. 

[Marisawright]

1 hour ago, bneshrimper said:

Thanks both for your replies. We have joint bank statements going back years, utility bills etc etc. Should be able to give them whatever they need.

Just remember it's up to you to give them all that info upfront.  They won't come back and ask you for it.  

[bneshrimper]

Thanks again everyone who replied. I sort of assumed that was the case but it’s been really helpful to have it clarified.

[Jon the Hat]

On 09/06/2023 at 10:03, bneshrimper said:

Thanks again everyone who replied. I sort of assumed that was the case but it’s been really helpful to have it clarified.

If they don't grant PR, it is I think worth asking for it, as there has been the occasional case where they appear to have forgotten.