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Guest Dirk Diggler

Convert 820 application straight into 801?

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Guest Dirk Diggler

Following on from my earlier post about the time taken (5 months now) to even be allocated a case officer for my 820 temp spouse sponsorship visa application, I was wondering if I should ask DIAC about going straight for a 801 permanent spouse visa?

 

This one is probably best answered by any of you immi agents on the forum..my wife and I got married last July, but have lived together since May 2009, and can evidence our continuous relationship from Jan 2008.

 

When I applied for my 820 back in Sept '10, we clearly didn't have enough mileage on the clock to go direct for a 801 for me. However, DIAC are now suggesting it could be as late as May'10 by the time they get round to my 820 application.

 

The DIAC guidance seems to suggest if you can evidence 3yrs+ continuous relationship (if no kids), you may be eligible to go straight for 801. It now looks to me as though I could now fall into this category....But the question then comes, what do I do? Should I ring DIAC and see what is involved in transferring my application into the 801 bucket, or wait a bit longer?

 

Appreciate any guidance/advice/past experience you can share!

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Guest Dirk Diggler

:mad:Ok...how is this for a rip off?!

 

Have spoken again with DIAC, and they've confirmed that what to do if you're across the 3+yr time eligibility threshold for 801 after submitting your app for 820 and waiting all the months to have a CO assigned.

 

To process your app, the CO looks at all the evidence already provided in the original 820 app forms, then obtains enough to determine that your relationship is still ongoing (which it needs to be for the whole 2 yr life of the 820 anyway) at the point in time they decide to grant the visa.

 

However, in my case, if I get my CO in May or June this year, I am then easily eligible to meet the requirements for an 801 permanent visa.

 

So, you think, my CO should simply then review my app and say "ok, here is enough for me to grant the 820, but I can see that this applicant in fact has a sufficiently long relationship with their spouse to qualify for 801."

 

..Not a bit of it!! What I'd need to do is withdraw my 820 app, and resubmit the whole thing again (in essence, send them the same documentation as before), wait another 6-9 months, and worst of all pay DIAC another $2,700!!

 

WTF is that all about?!:arghh:

 

Yes, I realise rules are rules, and call me naive, but this process follows no logic and appears to be all about making money from us poor applicants waiting in-line for the wheels of bureaucracy to turn.

 

Hrrrumph!:mad:

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Sorry you expect logic from DIAC? I gave up on that a long time ago, stress levels just got too high...

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Guest Dirk Diggler

You're so right...but how do they get away with maintaining a process that, as I'm sure you'll agree, has no rhyme or reason other than to bleed the punters dry?!

 

Maybe one of the immi agents on this forum can explain the logic behind how this operates?

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Is it 2 yrs or 3yrs of defacto to be eligible for 100?


309/100 - Submitted and CO assigned 29/11/2010. More info given on 3/12/2010. Medicals requested on 16/12/2010. Went for medicals on 20/12/2010. Granted 30/3/2011. Arrived in Melbourne on May 2011. Second stage submitted end of Oct 2012, PR granted 12/02/2013!

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Guest Dirk Diggler

2 years if you have kids, otherwise 3 years is the min :nah:

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Guest Dirk Diggler

PS. Don't know why the cartoon face appeared!! Anyway, not relevant to reply!

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I got married last July, but have lived together since May 2009, and can evidence our continuous relationship from Jan 2008.

The kind of relationship they want is one where you live together. It seems from your post that you didn't live together for the first 16 months of your relationship so I doubt that would cut the mustard anyway.


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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2 years if you have kids, otherwise 3 years is the min :nah:

 

Our 'kids' are turtles, haha! And they're a big NO NO in Aus :arghh: ... We're hitting our 2nd anniversary soon.


309/100 - Submitted and CO assigned 29/11/2010. More info given on 3/12/2010. Medicals requested on 16/12/2010. Went for medicals on 20/12/2010. Granted 30/3/2011. Arrived in Melbourne on May 2011. Second stage submitted end of Oct 2012, PR granted 12/02/2013!

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What you have to get your head around is that DIAC see the Australian tax payers as being their customers and not the fee paying applicant - who as far as I can tell are seen as a pain to be tolerated!

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What you have to get your head around is that DIAC see the Australian tax payers as being their customers and not the fee paying applicant - who as far as I can tell are seen as a pain to be tolerated!

 

But as an onshore partner visa applicant, both my partner and myself ARE australian tax payers... :wacko:

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But as an onshore partner visa applicant, both my partner and myself ARE australian tax payers... :wacko:

Alas for you, DIAC sees you as a tax payer in Australia, not an Australian tax payer.


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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Alas for you, DIAC sees you as a tax payer in Australia, not an Australian tax payer.

 

Hehe, yeah, but the point still stands that my partner is an australian tax payer...

 

It still boggles my mind that in some cases australian citizens can't get a visa for their spouse, and in some cases even their children, due to medical conditions.

 

Like I said in my previous post, I've given up trying to make sense of it all, just jumping through the hoops with my brain disconnected.

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It still boggles my mind that in some cases australian citizens can't get a visa for their spouse, and in some cases even their children, due to medical conditions.

Yes; my wife was very angry about it and felt that she had a right, as an Australian, to marry whomever she wanted, when she wanted and not to have to answer to the Govt about it. As a foreigner, I was much more phlegmatic about it.


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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