Hi guys,
I am on and off with our 820 onshore visa application. We are in a relationship for 3 years by the end of Jan15 hence we held back lodging our application because we read in the booklet that a committed relationship for 3 years and over (with proof) would lead to waiving the 2 year waiting period between the initial application date for the 820 and the then permanent visa 801.
Now my heart sank when I read on a different immigration website that the 3 year relationship would not any longer lead to an instant application for the 801, hence 3 year committed relationship would not lead to the 2 year waiver.
Is this true? Have we now held back our application for longer than a year just to find out that it was all for nothing? :"((((
thanks for replies.
Cheers
This is what I read
"Some onshore Partner visa applicants will have heard through various means that if they are affected by the Schedule 3 provisions above (Migration Regulation 820.211(2) (d) (ii)) that if they have been in the relationship for more than 2 years prior to applying or if they have been in the relationship for more than 1 year and they had an Australian Citizen child of the relationship that DIBP would provide a ‘waiver’ of the Schedule 3 criteria. This interpretation was contained in the PAMS. Letters sent out by DIBP case officers in these circumstances normally helpfully quote these as examples of ‘compelling reasons’.
DIBP have now changed their policy interpretation of ‘compelling reasons’. The crucial new wording of the DIBP policy on this matter now states…
“….officers should consider circumstances on a case by case basis.
In doing so, however, officers should be mindful that the intent of the waiver provisions is to allow persons whose circumstances are genuinely compelling to regularise their status. The provisions are not intended to give, unfair advantage to persons who:
◾fail to comply with their visa conditions or
◾deliberately manipulate their circumstances to give rise to compelling reasons or
◾can leave Australia and apply for a Partner visa outside Australia.”"
I am confused. This now says case by case basis...
I feel like I should have a live ticker from the DIAC for the newest information so I am always up to date...A few weeks without checking and everything seems to have changed again. :"(
I am on and off with our 820 onshore visa application. We are in a relationship for 3 years by the end of Jan15 hence we held back lodging our application because we read in the booklet that a committed relationship for 3 years and over (with proof) would lead to waiving the 2 year waiting period between the initial application date for the 820 and the then permanent visa 801.
Now my heart sank when I read on a different immigration website that the 3 year relationship would not any longer lead to an instant application for the 801, hence 3 year committed relationship would not lead to the 2 year waiver.
Is this true? Have we now held back our application for longer than a year just to find out that it was all for nothing? :"((((
thanks for replies.
Cheers
This is what I read
"Some onshore Partner visa applicants will have heard through various means that if they are affected by the Schedule 3 provisions above (Migration Regulation 820.211(2) (d) (ii)) that if they have been in the relationship for more than 2 years prior to applying or if they have been in the relationship for more than 1 year and they had an Australian Citizen child of the relationship that DIBP would provide a ‘waiver’ of the Schedule 3 criteria. This interpretation was contained in the PAMS. Letters sent out by DIBP case officers in these circumstances normally helpfully quote these as examples of ‘compelling reasons’.
DIBP have now changed their policy interpretation of ‘compelling reasons’. The crucial new wording of the DIBP policy on this matter now states…
“….officers should consider circumstances on a case by case basis.
In doing so, however, officers should be mindful that the intent of the waiver provisions is to allow persons whose circumstances are genuinely compelling to regularise their status. The provisions are not intended to give, unfair advantage to persons who:
◾fail to comply with their visa conditions or
◾deliberately manipulate their circumstances to give rise to compelling reasons or
◾can leave Australia and apply for a Partner visa outside Australia.”"
I am confused. This now says case by case basis...
I feel like I should have a live ticker from the DIAC for the newest information so I am always up to date...A few weeks without checking and everything seems to have changed again. :"(