Applying 820 short of one month

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Applying 820 short of one month


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Old 05-24-2018, 11:00 AM
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Applying 820 short of one month

Hello everyone,

I am currently on FA600 which is expiring 30th August 2018. My partner and i have been in defecto relationship since September 2017. I was thinking of applying for FA600 extension onshore but don't want the risk of 8503.
My partner is confident to do the submission mid August 2018. This will mean that we are short of one month before we meet the 12 months requirement. I know the Immi website mentioned it must be 12 months prior to applying the 820. We don't fit the 'compelling' reasons outlined too.
We can't register our relationship as we are in WA.
We have all the other relevant 820 requirement .
One RMA (that has a 100% successful partner visa applications ) doesn't want to take on my case as she says Immigrations will reject my case due not fulfilling the 12 months de facto situation.

Any thoughts, ideas, suggestions would be highly appreciated.

Thank you in advance .


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Old 05-24-2018, 12:44 PM
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Originally Posted by Truthfully247 View Post
Hello everyone,

I am currently on FA600 which is expiring 30th August 2018. My partner and i have been in defecto relationship since September 2017. I was thinking of applying for FA600 extension onshore but don't want the risk of 8503.
My partner is confident to do the submission mid August 2018. This will mean that we are short of one month before we meet the 12 months requirement. I know the Immi website mentioned it must be 12 months prior to applying the 820. We don't fit the 'compelling' reasons outlined too.
We can't register our relationship as we are in WA.
We have all the other relevant 820 requirement .
One RMA (that has a 100% successful partner visa applications ) doesn't want to take on my case as she says Immigrations will reject my case due not fulfilling the 12 months de facto situation.

Any thoughts, ideas, suggestions would be highly appreciated.


Thank you in advance .
Did you have plan to get married any sooner. Which could probably save you.


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Old 05-25-2018, 02:11 AM
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Have you read this?

"I have been in a de facto relationship for 11 months. Do I still have to wait for another month before I can apply?

No. You can apply for a visa even if you have been in a de facto relationship for less than one year. However, your application is likely to be refused unless:

-there are compelling and compassionate circumstances for the grant of the visa, for example, there is a child of the relationship or the laws in your home country prevent you living with your partner.

-your relationship is registered under a law of a state or territory prescribed in the Acts Interpretation (Registered Relationships) Regulations 2008 as a kind of relationship prescribed in those regulations.

-your partner is, or was the holder of a permanent humanitarian visa and, before the humanitarian visa was granted, was in a de facto relationship with you that was declared to the Department at the time.

-your partner is an applicant for a permanent humanitarian visa."

Basically, if you can't supply evidence of being de facto for at least 12 months immediately prior to the date of your application and your relationship is not registered or you are not married, then you do not qualify for the visa and it can be refused. $7000 is a lot of money to throw away.

Another thing to consider: Was there a question on the 600 application asking your relationship status? If so, what did you put?


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Old 05-25-2018, 02:20 AM
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But there may be an easy solution if you can give some more information.

Can you list the 600 conditions? For example, when is the expiry date/enter by date? How long is the allotted stay period? And is it multiple entry?


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Old 05-25-2018, 03:01 AM
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Originally Posted by John0 View Post
Did you have plan to get married any sooner. Which could probably save you.
Thank you for your question, we can't get married yet as my partner's divorce process hasnt been finalised yet. He has been separated there years ago, done the financial separation etc two years ago.


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Old 05-25-2018, 03:22 AM
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"I have been in a de facto relationship for 11 months. Do I still have to wait for another month before I can apply?

No. You can apply for a visa even if you have been in a de facto relationship for less than one year. However, your application is likely to be refused unless:

-there are compelling and compassionate circumstances for the grant of the visa, for example, there is a child of the relationship or the laws in your home country prevent you living with your partner.

-your relationship is registered under a law of a state or territory prescribed in the Acts Interpretation (Registered Relationships) Regulations 2008 as a kind of relationship prescribed in those regulations.

-your partner is, or was the holder of a permanent humanitarian visa and, before the humanitarian visa was granted, was in a de facto relationship with you that was declared to the Department at the time.

-your partner is an applicant for a permanent humanitarian visa."

Basically, if you can't supply evidence of being de facto for at least 12 months immediately prior to the date of your application and your relationship is not registered or you are not married, then you do not qualify for the visa and it can be refused. $7000 is a lot of money to throw away.

Another thing to consider: Was there a question on the 600 application asking your relationship status? If so, what did you put?[/quote]

Thank you so much for your response.

We don't qualify for any of the compelling reasons stated. My partner is Australian Citizen by birth.

On the 600 application status was 'married' even though I've been separated from my ex husband for some time. From the country I'm from, theres no such thing as separated as a status, plus i never had any intentions or let alone plan to fall in love when i met my partner. It was unexpected. I only intended to come back (having lived here for about 7 years doing my studies) to make arrangements to ship back all my stuff back to home country.

i haven't been back home since and have lived together with my partner. Our relationship is special and unique i would say Love comes when you least expect it We can't get married yet as his divorce is pending the court hearing which would be soon. He has been separated from his ex almost three years now. My marriage is also in the process of annulment. we should be good in this aspect.

I understand what you are saying, about the $7k. my partner is also aware of this but he's pretty confident and wants to proceed as to him - our relationship is genuine and we love each other so much and the emotional bond is so strong between us . He is also aware that there maybe hurdles in the visa process but still confident going thru it. Worst case scenario he says - we will do the appeal if comes to that. As much as I'm confident too, i do feel stressed time and again , fear it may be rejected.

My FA 600 says No work and only maximum three months of study, this all.

I really appreciate whatever input you can share with me. Thank you so much


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Old 05-25-2018, 03:33 AM
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Originally Posted by Skybluebrewer View Post
But there may be an easy solution if you can give some more information.

Can you list the 600 conditions? For example, when is the expiry date/enter by date? How long is the allotted stay period? And is it multiple entry?
Here are the details -
Visa Grant - 30 August 2017
Visa expiry - 30 August 2018
Multiple entry
must not arrive after 30 august 2018
3 months on each arrival
8101 no work
8201 max three months study


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Old 05-25-2018, 03:37 AM
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What is the expiry/last entry date?
What is the stay period?
Is it multiple entry?

All of the above would be listed on the grant letter.

It doesn't matter how genuine the relationship is. If you don't meet the requirements, they will not grant the visa. And de facto short of 12 months without meeting the above exceptions means you won't qualify. But like I said before, the above visa info may help if you can provide it.

Your case seems complicated with you stating married on that application then claiming de facto one year later. May be worth a consult with an RMA.


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Old 05-25-2018, 03:40 AM
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Quote:
Originally Posted by Truthfully247 View Post
Here are the details -
Visa Grant - 30 August 2017
Visa expiry - 30 August 2018
Multiple entry
must not arrive after 30 august 2018
3 months on each arrival
8101 no work
8201 max three months study
Thanks.

Just so you know, you can enter before the expiry and you are still allowed to stay for the 3 month stay period. So basically, you can enter 30 Aug and stay until 30 Nov. This would give you the extra time you need to qualify. (Notice how it says "Must not arrive after" and "3 month stay each arrival").

Still may be an issue with stating married on your app so like I said, would be worth a quick consult with an RMA to see what they think.


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Old 05-25-2018, 03:45 AM
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There may also be an issue with staying in Oz more than 12 months in a certain period though. Hence why an RMA would be a good idea.


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