Guest Posted July 23, 2013 Share Posted July 23, 2013 Hi Guys, brilliant forum! This is my first post here, We're about to lodge my Partner Visa (subclass 820) and I'm getting myself in a panic! I am currently on a student visa (have studied here for 4 years) and it's finished next week!!! The issue is that my partner and I have not yet lived together for an entire year. We have been together 15 months, moved in together 7 months and became engaged in February. The REASON we did not officially live together sooner is because of his two young children, and us not wanting to rush them into an unfamiliar or God forbid uncomfortable situation, that said, I would stay with them for 5 or 6 nights a week for MONTHS before moving in officially. We live very much as a family and the kids and I are very close. It wouldn't do ANY of us any emotional favours for me to have to leave the country. As I understand it, you cannot apply for a prospective marriage visa onshore. So I'm a bit lost for what to do now?! I'm seeing a lawyer this week to see what my options are, but thought I might as well ask you guys if anyone had any advice?! Thanks so much in advance for any responses! Hello and welcome First off, I don't think a lawyer will be much use, you need to consult a migration agent for this sort of thing. I would not file your partner visa unless you are sure you meet the requirements. Reading your post, I am not sure you do. And it would be a huge waste of money to submit to have it declined. A PMV is applied for off shore. It currently takes about 8-9 months. If this is a decent option for you, consider it. You could go to NZ (do you qualify for a WHV there perhaps?) or back to your home country and apply from there. In the grand scheme of things, 8-9 months is not that long if you are planning your future together. I am not sure if you can then return to Aus on a tourist visa to wait till its due to be granted and then head off shore for the actual grant. Hopefully someone can clarify that as a yes or no. If its a yes, I'd consider this option as I think you'll struggle with only 7 months de facto for a partner visa. Or have you used your WHV up? Do you qualify for one of those age wise etc? That would then give you time to get the required de facto time in (esp if you do your 2nd year WHV). ETA - I did a quick bit of reading and it does seem you can return to Aus on a tourist visa if you apply offshore for a PMV. You just then need to inform your CO and liase with them about going off shore for the visa grant. So for the kids it would be like you going on a holiday for a bit out of Aus, keeping in touch, then lodging off shore and so on, then applying for a tourist visa and heading back to Aus. Link to comment Share on other sites More sharing options...
bobbie87 Posted July 23, 2013 Share Posted July 23, 2013 Snifter, thanks for your reply! I'm afraid I have already used up my WHV in Australia. The thought of going overseas until my visa is granted isn't something I'm too keen on, but I suppose that it might have to come down to that. Thanks for your reply Link to comment Share on other sites More sharing options...
Guest Posted July 23, 2013 Share Posted July 23, 2013 Snifter, thanks for your reply! I'm afraid I have already used up my WHV in Australia. The thought of going overseas until my visa is granted isn't something I'm too keen on, but I suppose that it might have to come down to that. Thanks for your reply You don't have to go overseas till its granted. From my reading you can apply offshore for a PMV and then go back to Aus on a tourist visa and go offshore when PMV is due to be granted. Ok you might be gone a few months all up but you'd also hopefully be able to spend a fair chunk back in Aus also. Consult a reputable migration agent asap. Go Matilda come highly recommended on here fwiw. Link to comment Share on other sites More sharing options...
sophie0109 Posted July 25, 2013 Share Posted July 25, 2013 I handed my 820 in today by hand at the Brisbane office. Now the wait begins. They mentioned that waiting time at the moment is 15months. Has anyone left the country and bought this bridging visa B? Is it much trouble? Link to comment Share on other sites More sharing options...
Guest Posted July 25, 2013 Share Posted July 25, 2013 I handed my 820 in today by hand at the Brisbane office. Now the wait begins. They mentioned that waiting time at the moment is 15months. Has anyone left the country and bought this bridging visa B? Is it much trouble? Dont worry too much they told me the same in December. I still hadn't handed my police check in until January and it was granted in February. About 2 weeks after my police certificate was handed in Link to comment Share on other sites More sharing options...
Quinkla Posted July 25, 2013 Share Posted July 25, 2013 I handed my 820 in today by hand at the Brisbane office. Now the wait begins. They mentioned that waiting time at the moment is 15months. Has anyone left the country and bought this bridging visa B? Is it much trouble? Many people who have already held substantive visas get their 820s really quickly - couple or three weeks. The long waits seem to be more common for people who have not had a visa before that needed police checks, medicals and decisions. Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted July 25, 2013 Share Posted July 25, 2013 I handed my 820 in today by hand at the Brisbane office. Now the wait begins. They mentioned that waiting time at the moment is 15months. Has anyone left the country and bought this bridging visa B? Is it much trouble? YOu get a Bridging Visa A when your current visa expires. This allows you to remain in Oz while your onshore application is assessed. If you want to leave and return you then apply for a Bridging Visa B. You need to apply for this BEFORE you leave. If you leave without organising a BVB, you may well find yourself unable to return, and you can't apply for a BVB Offshore...only Onshore. I don't know if there is a cost associated with teh BVA/B...I don't think so...there is a cost for your other visa application and this is just a Bridging Visa while you sit out the processing time, so they don't really assess you on anything. Others here have managed to get BVBs. They aren't always straightforward...you need to have a good reason for the travel, such as family bereavement, illness, etc, or travel for work reasons if your job involves an international component, etc. Some people have found it easy to get, others have had a hell of a time trying to get them. Whatever the reason for needing it...organise it before you leave Oz, otherwise there is every chance you won't get back in! Link to comment Share on other sites More sharing options...
sophie0109 Posted July 26, 2013 Share Posted July 26, 2013 Brilliant thank you very much for that. I have received an email today from them saying: Dear Sophie Please see the attached information. Yours sincerely DA Position Number: 00002090 Department of Immigration and Citizenship ------------------------- I assume this is just an acknowledgement and not actually the assigned officer to my case? It was quite a nice surprise to get such a quick response. Link to comment Share on other sites More sharing options...
sophie0109 Posted July 26, 2013 Share Posted July 26, 2013 Sorry also just wanted to add they have taken payment and I am just a month off my second year visa running out. Link to comment Share on other sites More sharing options...
Guest Posted July 26, 2013 Share Posted July 26, 2013 Just a reminder.... No CO names please. Initials only. Thanks in advance Snifter Link to comment Share on other sites More sharing options...
sophie0109 Posted July 26, 2013 Share Posted July 26, 2013 Oh gosh very sorry about that I had no idea that was even a case officer. Thank you for editing that out for me. Link to comment Share on other sites More sharing options...
daiz33 Posted July 27, 2013 Share Posted July 27, 2013 Hello All! Here is some information on my application I'd like to share Mailed in application : 24/07/13 Application Received, Fee Deducted, Bridging Visa Granted: 25/06/13 The decision support officer asked me to get my health assessment and send in the correct Australian police check (full disclosure). I went online to request the correct police check on 25/06/13 and got confirmation that they have completed the check and mailed it to me on 26/06/13! I really like how the process is so far going at a nice quick pace. I am getting my medical done this Tuesday and I should be able to send in my police check next week as week. I currently hold as 457 visa good until Feb '14, so hopefully this will speed up the process a bit Good luck everyone!!! Link to comment Share on other sites More sharing options...
acham Posted August 9, 2013 Share Posted August 9, 2013 Hey guys! Coming up on a year (in 4 days) since we lodged my partner visa application, and as yet not even a case officer has been assigned. We've planned on going to see my family over Xmas and then being in Europe for a few months while I have some medical procedures done, and booked our flights for November thinking this would be taken care of by now. When I applied for the 820 processing time was 6 - 8 months, now 13-16 or 18! At this rate I'm anticipating nothing being fixed by November, and trouble getting a bridging visa to leave for so long (4 and a half months in total). Whether that's better or worse than the visa being declined and having to appeal, I'm not sure anymore! Link to comment Share on other sites More sharing options...
dunken Posted August 13, 2013 Share Posted August 13, 2013 Hello Everybody, just want some ideas from you guys.. I am going to apply my wife's Partner visa 820/801. She is on temporary visa in Australia now and we got married 4 months ago and this was my first marriage but it was second for her.(No children) She was divorced from her ex husband about a year ago. We live together from last 6 months.and know each other from last 3 years. Is it enough time after marriage that i can apply for her visa or still i have to wait some more time?? I am thinking to applying by myself instead of paying to Migration Agent. Am i doing the right thing or i have to wait and ask any Migration Agent?? Is their any chances of rejection?? Any replies will be really appreciated. thanks. Link to comment Share on other sites More sharing options...
dunken Posted August 14, 2013 Share Posted August 14, 2013 Anyone????? Link to comment Share on other sites More sharing options...
Jackie1012 Posted August 14, 2013 Share Posted August 14, 2013 Hi All, can someone confirm below? cuz I lodge my application on 27/11/2012. No CO yet. [TABLE=class: tableborder, width: 1] [TR] [TH=bgcolor: #ECECEC, colspan: 1]Visa Application[/TH] [TH=bgcolor: #ECECEC, colspan: 2]Lodged in Australia[/TH] [TH=bgcolor: #ECECEC, colspan: 2]Lodged outside Australia[/TH] [/TR] [TR] [TD=class: blankcell] [/TD] [TD=colspan: 1]Low Risk[/TD] [TD=colspan: 1]High Risk[/TD] [TD=colspan: 1]Low Risk[/TD] [TD=colspan: 1]High Risk[/TD] [/TR] [TR] [TD]Prospective Marriage (subclass 300) [/TD] [TD=colspan: 1]n/a[/TD] [TD=colspan: 1]n/a[/TD] [TD=colspan: 1]5 months[/TD] [TD=colspan: 1]12 months[/TD] [/TR] [TR] [TD]Partner (temporary) (subclass 309, 820) [/TD] [TD=colspan: 1]6 months[/TD] [TD=colspan: 1]8 months[/TD] [TD=colspan: 1]5 months[/TD] [TD=colspan: 1]12 months[/TD] [/TR] [TR] [TD]Partner (permanent) (subclass 100, 801) [/TD] [TD=colspan: 1]6 months[/TD] [TD=colspan: 1]8 months[/TD] [TD=colspan: 1]6 months[/TD] [TD=colspan: 1]8 months[/TD] [/TR] [TR] [TD]Child (subclass 101, 102, 117, 445, 802, 837) [/TD] [TD=colspan: 1]7 months[/TD] [TD=colspan: 1]8 months[/TD] [TD=colspan: 1]3 months[/TD] [TD=colspan: 1]14 months[/TD] [/TR] [TR] [TD]New Zealand Citizen Family Relationship (Temporary) (subclass 461) [/TD] [TD=colspan: 1]2 months[/TD] [TD=colspan: 1]3 months[/TD] [TD=colspan: 1]2 months[/TD] [TD=colspan: 1]3 months[/TD] [/TR] [TR] [TD]Parent (subclass 103, 804) [/TD] [TD=colspan: 1]capped and queued[/TD] [TD=colspan: 1]capped and queued[/TD] [TD=colspan: 1]capped and queued[/TD] [TD=colspan: 1]capped and queued[/TD] [/TR] [TR] [TD]Contributory Parent (subclass 143, 173, 864, 884) [/TD] [TD=colspan: 1]capped[/TD] [TD=colspan: 1]capped[/TD] [TD=colspan: 1]capped[/TD] [TD=colspan: 1]capped[/TD] [/TR] [TR] [TD]Other Family (subclass 114, 115, 116, 835, 836, 838) [/TD] [TD=colspan: 1]capped and queued[/TD] [TD=colspan: 1]capped and queued[/TD] [TD=colspan: 1]capped and queued[/TD] [TD=colspan: 1]capped and queued[/TD] [/TR] [/TABLE] http://www.immi.gov.au/about/charters/client-services-charter/visas/5.0.htm Link to comment Share on other sites More sharing options...
Guest Posted August 14, 2013 Share Posted August 14, 2013 Jackie - What I've been reading for a long time is that onshore applications are taking about 13 months currently. Second stage is quicker, but the first stage after initial lodgement is long. Visa applications are a waiting game so sit tight. Link to comment Share on other sites More sharing options...
CollegeGirl Posted August 14, 2013 Share Posted August 14, 2013 Jackie - DIAC seemingly never updates that. I've heard as Snifter has - 13+ months (though I've also heard 15-18 recently) for onshore applications. Link to comment Share on other sites More sharing options...
Guest GeorgeD Posted August 15, 2013 Share Posted August 15, 2013 Hello Everybody,just want some ideas from you guys.. I am going to apply my wife's Partner visa 820/801. She is on temporary visa in Australia now and we got married 4 months ago and this was my first marriage but it was second for her.(No children) She was divorced from her ex husband about a year ago. We live together from last 6 months.and know each other from last 3 years. Is it enough time after marriage that i can apply for her visa or still i have to wait some more time?? I am thinking to applying by myself instead of paying to Migration Agent. Am i doing the right thing or i have to wait and ask any Migration Agent?? Is their any chances of rejection?? Any replies will be really appreciated. thanks. I applied 6 weeks after getting married. We had lived on opposite sides of the world for 2 years before marriage, and still lived apart immediately after getting married. There is no need to be married for a certain length of time. What you MUST have though, the same as everyone else, is evidence to prove you are in a genuine and continuing relationship. Its easier for people who have been together for years, as they will have lots of paperwork, but a few months should give you enough time to have got some joint commitments and paperwork evidence together. So, to answeer your question, you don't need to wait any length of time to apply for your visa..you just need sufficient evidence to prove you are genuine and continuing. The legnth of time you have been married is irrelevant. Do you need an agent? Are you good at filling in forms and have no criminal convictions or health issues? If those are all OK, then the Spouse Visa is one of the more straightforward ones to do. An agent can assist with the form, help explain any criminal issues and address medical concerns, etc. If you have lots of evidence of being together than there is less to try and explain about your situation...the evidence speaks for itself. One thing to remember is that if you need to provide old bank statements, old bills, tax returns, etc...an agent cant go digging in your cupboards looking for them, they wil need you to do all of that anyway. An agent will help you present your case in the best light, but you will always need to find the evidence in the first place. I didn't use an agent (despite the strange situation of living on opposite sides of the world), and many others didn't use an agent...but some people do. Use an agent if you feel you need assistance, but it isn't difficult to do a Spouse application yourself as long as you have evidence and are clear on medical and criminal grounds. Is there a chance of rejection...yes. If you don't meet the health/police requirements of the visa or don't provide evidence, then absolutely yes, you could be rejected. If you are OK with all of these, and you are good at filling in forms properly, then there is less of a need to use an agent. If you have any doubts about your situation, then by all means speak to an agent first. Link to comment Share on other sites More sharing options...
McKlaut Posted August 16, 2013 Share Posted August 16, 2013 Hi guys, Does any one knows how fast DIAC can process 820 application with the fact that my partner is pregnant? We didn't plan for such event and hence having no private health insurance covering pregnancy (they all require 12 month waiting period). Therefore, Medicare as well as proper visa status ASAP is very important. Apart from this very happy! )))) Link to comment Share on other sites More sharing options...
Guest Posted August 16, 2013 Share Posted August 16, 2013 Hi guys, Does any one knows how fast DIAC can process 820 application with the fact that my partner is pregnant? We didn't plan for such event and hence having no private health insurance covering pregnancy (they all require 12 month waiting period). Therefore, Medicare as well as proper visa status ASAP is very important. Apart from this very happy! )))) I doubt they'll view being pregnant as a reason to speed up your application. Link to comment Share on other sites More sharing options...
McKlaut Posted August 16, 2013 Share Posted August 16, 2013 I doubt they'll view being pregnant as a reason to speed up your application. Why do you think so? Link to comment Share on other sites More sharing options...
CollegeGirl Posted August 16, 2013 Share Posted August 16, 2013 Unfortunately not. Pregnancy is not considered a "compelling and compassionate" circumstance in and of itself. It's on the DIAC website somewhere... I'll see if I can track it down. If it were a high-risk pregnancy where the partner's life is at risk they'd consider it... but generally medical conditions have to be pretty extreme to qualify as "compelling and compassionate" from what I've seen. Link to comment Share on other sites More sharing options...
CollegeGirl Posted August 16, 2013 Share Posted August 16, 2013 Found it. [h=2]Why isn't the impending birth of my child considered sufficiently compassionate and compelling to get the case finalised now?[/h]We acknowledge that your personal circumstances may be difficult; however the nature of family migration is such that all cases have emotional or compassionate elements and a decision to bring forward the grant of your visa would disadvantage other applicants in circumstances which may be as equally compelling and compassionate as your own. Consequently, in the interest of fairness, applications are processed in date order. On very rare occasions a case will be prioritised on compassionate or compelling grounds after assessment by a case officer. This is only done when there are circumstances which are significantly more compelling than those which would generally be encountered within the usual client group applying for the visa. The department understands that you would like to have your partner in Australia for the birth of your child. The department receives a large number of requests for applications to be prioritised on this basis. It is not possible or fair to other applicants for all these cases to receive accelerated processing. As a result, we are not able to prioritise applications solely on the basis that the applicant or sponsor is pregnant. There are two concessions in relation to children: waiver of the two-year period between time of application and time of grant for the permanent partner visa if at the time of application there is a child of the spouse or de facto relationship and that relationship has existed for at least two years waiver of the 12 month pre-existing de facto relationship requirement for temporary partner visas under compelling and compassionate circumstances, which can include the existence of a child of the relationship. Consistent with broader Australian law, no concessions are made in relation to unborn children. From: http://www.immi.gov.au/migrants/family/questions-answers.htm Link to comment Share on other sites More sharing options...
Guest Posted August 16, 2013 Share Posted August 16, 2013 Thanks for finding that College Girl. McKlaut, I think that above info explains it all very well. Is your partner not able to access the reciprocal Medicare with a pregnancy? I don't know the ins and outs of that so you would have to research. Link to comment Share on other sites More sharing options...
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