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Onshore Partner Visa Application time frame


Guest skiingbadger

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  • 2 weeks later...
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Thought I'd add my recent experience.

 

I was originally on a 457, but left the job, and returned to the UK. I then returned two months later on a tourist visa.

 

After seven months comprising of two stays of three months and a month in NZ to stick to the ETA conditions I lodged the 820/801 partner visa.

 

(After coming back in to the country from NZ immigration took me aside for a stern chat but eventually let me in. They warned me that they could not guarantee I would be allowed back in if I exited and entered again on the ETA.)

 

The day after lodging, at Lee St Sydney in person (just queued up for twenty minutes then dropped it off - a guy checked the 47sp and 40 were there and signed, put an elastic band on and dropped them in a large container) I received an email with four attachments. One stated that my application was valid, one a receipt for the $3060 payment, one a timeline and one the grant of the bridging visa A.

 

I was surprised that there were no conditions on the bridging visa. It explicitly states that I have full working rights.

 

I've often heard it said you don't automatically get working rights on a bridging visa after the tourist visa but this was not the case for me.

 

After the three month stay of the ETA expired (today) I checked on VEVO and now my visa is the bridging one with working rights. Note that I did not have to wait for the one year expiry, as soon as the three month stay had passed the whole visa expired and the bridging visa came in to effect.

 

So I hope this is useful for others.

 

It is possible at the moment to come on a tourist visa, lodge a 820/801 and be automatically granted work rights without having to prove financial necessity or specifically apply.

 

Processing time is quoted at 13 months but as long as I can work then they can take their time. No overseas travel allowed but I can live with that.

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It is possible at the moment to come on a tourist visa, lodge a 820/801 and be automatically granted work rights without having to prove financial necessity or specifically apply.

 

 

 

The fact you had already been in the country on a 457 probably significantly helped you there...

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  • 4 weeks later...
Thought I'd add my recent experience.

 

I was originally on a 457, but left the job, and returned to the UK. I then returned two months later on a tourist visa.

 

After seven months comprising of two stays of three months and a month in NZ to stick to the ETA conditions I lodged the 820/801 partner visa.

 

(After coming back in to the country from NZ immigration took me aside for a stern chat but eventually let me in. They warned me that they could not guarantee I would be allowed back in if I exited and entered again on the ETA.)

 

The day after lodging, at Lee St Sydney in person (just queued up for twenty minutes then dropped it off - a guy checked the 47sp and 40 were there and signed, put an elastic band on and dropped them in a large container) I received an email with four attachments. One stated that my application was valid, one a receipt for the $3060 payment, one a timeline and one the grant of the bridging visa A.

 

I was surprised that there were no conditions on the bridging visa. It explicitly states that I have full working rights.

 

I've often heard it said you don't automatically get working rights on a bridging visa after the tourist visa but this was not the case for me.

 

After the three month stay of the ETA expired (today) I checked on VEVO and now my visa is the bridging one with working rights. Note that I did not have to wait for the one year expiry, as soon as the three month stay had passed the whole visa expired and the bridging visa came in to effect.

 

So I hope this is useful for others.

 

It is possible at the moment to come on a tourist visa, lodge a 820/801 and be automatically granted work rights without having to prove financial necessity or specifically apply.

 

Processing time is quoted at 13 months but as long as I can work then they can take their time. No overseas travel allowed but I can live with that.

 

Very interesting, thanks for sharing. How old are you? (If you don't mind me asking) I would previously have assumed that the only way you would be able to work immediately would be if you were under 31 and qualified for the WHV.

 

Good to hear you're able to work immediately.

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  • 1 month later...

Hey, this might be a stupid question but I can't find the answer! I'm about to send off my docs for second stage processing, when/if granted will my permanent residency date be the date my visa is granted, or my eligibility date? So when I wait one year before applying for citizenship, is it one year after my pr visa is granted, or three years after I made my application for the temporary visa? Man I'm confusing myself now!

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Hey, this might be a stupid question but I can't find the answer! I'm about to send off my docs for second stage processing, when/if granted will my permanent residency date be the date my visa is granted, or my eligibility date? So when I wait one year before applying for citizenship, is it one year after my pr visa is granted, or three years after I made my application for the temporary visa? Man I'm confusing myself now!

 

PR starts when the visa is granted, so citizenship eligibility will be one year after PR is granted, provided you've done at least three years prior to grant (total of four years).

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Guest GeorgeD
Hey, this might be a stupid question but I can't find the answer! I'm about to send off my docs for second stage processing, when/if granted will my permanent residency date be the date my visa is granted, or my eligibility date? So when I wait one year before applying for citizenship, is it one year after my pr visa is granted, or three years after I made my application for the temporary visa? Man I'm confusing myself now!

 

Your PR comes into effect on the date it is granted, assuming you are onshore. For Citizenship you need to have been a resident of some kind for 4 years, the last 12 months of which is as a Permanent Resident. You must have not been out of Australia for a total of 12 months of those 4 years and no more than 90 doays in the 12 months prior to application for Citizenship.

 

The only thing the application date for your temp Spouse Visa has any bearing on is your eligibility date for 2nd stage processing. You are eligible for the 2nd stage 2 years from date of application of your temp spouse visa. Assuming you weren't on a residency visa prior to your spouse visa, your residency started when you first entered Oz (if you applied offshore) or on date of grant (if you applied onshore)

 

Hope that makes sense!!

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Cheers guys, I was worried that might be the case! I've hardly left the country for three years but think I might struggle with the 90 day rule due to some extended holidays next year. And then there's no travelling waiting for my citizenship ceremony... It's all so complicated! Thanks for your help, I figured you guys would know the answer?

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Guest GeorgeD
Cheers guys, I was worried that might be the case! I've hardly left the country for three years but think I might struggle with the 90 day rule due to some extended holidays next year. And then there's no travelling waiting for my citizenship ceremony... It's all so complicated! Thanks for your help, I figured you guys would know the answer?

 

Are you married to an Australian Citizen at all? At the risk of opening a can of worms...and this is maybe worthy of its own thread...but there is Ministerial discretion in some circumstances to waive the residency requirement. You can't apply online in this case, but you can apply on paper...From Page 2 of the paper form 1300t http://www.immi.gov.au/allforms/pdf/1300t.pdf

 

5. If you are the spouse or de facto partner of an Australiancitizen, or are the surviving spouse or partner of anAustralian citizen at the time you make your application,you may treat periods of time spent outside Australia asa permanent resident as time in Australia if your spouseor de facto partner was an Australian citizen during thoseperiods of absence and you can demonstrate that youmaintained a close and continuing association with Australia

 

during those periods of absence.

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Cheers George, I think that's a path I'm going to end up going down as we're hoping to relocate overseas within the next couple of years. Hopefully I'll just scrape through if we stay in Australia as I'll be on holiday with my partner. I'll stick an update on the website about this process if I end up using it!

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Just checked VEVO (as I do a couple of times a day) and it had changed from 820 to 801

 

Such relief!!!!

Good news! I was checking far more than twice a day - and I confess that three months after the grant I still check VEVO from time to time - just because I can.

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  • 2 weeks later...
  • 2 weeks later...

Hi Xeneminie,

 

I have same schedule 3 issue and I am on BV C . Could you please tell me how did all went along with you? have you been granted a Visa 820 or u still waiting dear?

Do immigration emails to ask about schedule 3 issue or they grant the visa 820 directly. I mean I just applied a month ago with the reason why I should be considered for schedule 3 waiver. So then I went onto BV C and now I have to wait for 12 months?? Thanks for taking the time to reply me as m quiet stressed..

 

Thanks

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Morning all,

 

Anyone know how long the 801 takes to come through once applied for and did they automatically send you the paperwork or did you have to chase it up?

 

Thanks

 

 

Paperwork was automatically received approx 3 months before eligibility date. Once lodged (2 months before eligibility date) I received my visa 3 months after eligibility.

 

When was your original application date? If it has been 22 months from that date, you can contact IMMI or look at the residence calculator on http://www.immi.gov.au/contacts/forms/partner/ and see if you are at the point you can submit the 801 docs

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Paperwork was automatically received approx 3 months before eligibility date. Once lodged (2 months before eligibility date) I received my visa 3 months after eligibility.

 

When was your original application date? If it has been 22 months from that date, you can contact IMMI or look at the residence calculator on http://www.immi.gov.au/contacts/forms/partner/ and see if you are at the point you can submit the 801 docs

 

Great, thank you for that. My application was orginally lodged July 2011, so I should be looking at April time I would think.

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Almost 12 months now since I submitted my front loaded 820 application. I sent an email 6 weeks ago to ask for an update given my medicals and police checks were expiring and was told that the waiting list is now 18 months and I'll have to re do my medicals and police checks once I'm assigned a case officer.

 

One of the most frustrating experiences of my life. They sure were quick to take my money though.

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Almost 12 months now since I submitted my front loaded 820 application. I sent an email 6 weeks ago to ask for an update given my medicals and police checks were expiring and was told that the waiting list is now 18 months and I'll have to re do my medicals and police checks once I'm assigned a case officer.

 

One of the most frustrating experiences of my life. They sure were quick to take my money though.

 

Not the information I was hoping for. Where did you lodged your application at? We applied in Sydney a year ago, front loaded, heaps of evidence, and so far they haven't contacted us at all.

 

It's crazy about having to do medical again, especially cause the Partner Migration booklet recommends to front load the application.

 

Keep us posted, please.

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Yeah I applied in Sydney too last April. I have had no contact from them unless I had emailed or phoned. Since then we've got married, bought a house and are having a baby but none of that seems to make a difference.

 

Congratulations on your marriage, the baby and the house. It looks like we both applied at the similar time, definitely keep us posted, please. I really hope we won't have to wait 18 months and I still hope we won't have to do the medical again.

 

Good luck!

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Almost 12 months now since I submitted my front loaded 820 application. I sent an email 6 weeks ago to ask for an update given my medicals and police checks were expiring and was told that the waiting list is now 18 months and I'll have to re do my medicals and police checks once I'm assigned a case officer.

 

One of the most frustrating experiences of my life. They sure were quick to take my money though.

 

Morning! Mine took nearly 16 months and yes I agree it was so frustrating. (Posts futher up this thread prove this! :-) The lack of contact makes it even more so. I was originally told that I would have to submit my Police check and Medicals again, but they never asked for them. I never had any contact from a Case Officer, just an email one day granting it. Just a horrid waiting game. But it will eventually come.

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