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Discussion Starter · #1 ·
Hi Everyone,

Ten months ago we applied for 820/801 visa with cover letter to be eligible for 801 (permanent) visa. At the moment of application we were married for 1 year and 8 month, and in relationship for 4.5 years.

Despite the fact that we are in the long term relationship (we also have a child), case officer advised that we will not be eligible for 801 only 820, because we were married for less than 2 years at the moment of application.

When we mentioned that we were in the long term relationship prior application, case officer said that application is assessed in accordance with the 1.5A regulation of the Family Migration Act because we lodged on the basis of our martial status.

I googled this act and couldn't find any information on it at all.

Did someone ever dealt with this act? Is there still a way to get 801 for us?


Thanks
 

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If you submitted sufficient evidence of your long-term relationship, the decision of delegate was wrong. If you did not submit sufficient evidence, the decision of delegate was correct. You have to satisfy the minister (delegate) that you meet relevant criteria and although they sometimes do, a delegate does not have to seek further information.

You will be eligible to lodge the further documents for an 801 two years after you lodged your 820/801 application. The minister no longer reminds applicants about this, so keep it in mind.

You could of course seek a review of the decision, which would cost you an arm and a leg and take longer than the time to your 801 eligibility date.

It is perhaps worth noting that being married at the time of application satisfies the schedule 1 criterion (valid application) but none of the schedule 2 criteria, the relationship is; mutual, exclusive, genuine, continuing ... and so on.
 

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Discussion Starter · #3 ·
If you submitted sufficient evidence of your long-term relationship, the decision of delegate was wrong. If you did not submit sufficient evidence, the decision of delegate was correct. You have to satisfy the minister (delegate) that you meet relevant criteria and although they sometimes do, a delegate does not have to seek further information.

You will be eligible to lodge the further documents for an 801 two years after you lodged your 820/801 application. The minister no longer reminds applicants about this, so keep it in mind.

You could of course seek a review of the decision, which would cost you an arm and a leg and take longer than the time to your 801 eligibility date.

It is perhaps worth noting that being married at the time of application satisfies the schedule 1 criterion (valid application) but none of the schedule 2 criteria, the relationship is; mutual, exclusive, genuine, continuing ... and so on.
Thanks for the response. We haven't been, the officer requested additional documents - proof of the relationship, but at the same time notified that we are not eligible for 801.

Do you think we can still qualify for 801?
 

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Do you think we can still qualify for 801?
Depends on whether your partner relationship still exists at the relevant time. I do not know enough about your relationship to comment further.
May I suggest that you check the 801 requirements so you will know what to prepare?
 

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Hi Everyone,

Ten months ago we applied for 820/801 visa with cover letter to be eligible for 801 (permanent) visa. At the moment of application we were married for 1 year and 8 month, and in relationship for 4.5 years.

Despite the fact that we are in the long term relationship (we also have a child), case officer advised that we will not be eligible for 801 only 820, because we were married for less than 2 years at the moment of application.

When we mentioned that we were in the long term relationship prior application, case officer said that application is assessed in accordance with the 1.5A regulation of the Family Migration Act because we lodged on the basis of our martial status.

I googled this act and couldn't find any information on it at all.

Did someone ever dealt with this act? Is there still a way to get 801 for us?

Thanks
Your relationship before you were married - were you de facto? Did you have combined households, finances, etc? Were you living together? Just curious. While it's not required for you to live together in order to qualify as de facto, it does make it simpler to demonstrate. Just wondering if maybe the cast officer considered you as "dating" before your marriage rather than de facto - and that would make the CO's decision correct. If you have a child together, you have to be married and/or de facto two years in order to qualify for the 801 immediately.

Unfortunately if you've already questioned it and the CO has said no, Westly (as a respected RMA) would know best on how to approach it - and if he says you'd be throwing money away and not saving yourself any time by trying to appeal it, I'd take that to heart, personally.
 

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Discussion Starter · #6 ·
Your relationship before you were married - were you de facto? Did you have combined households, finances, etc? Were you living together? Just curious. While it's not required for you to live together in order to qualify as de facto, it does make it simpler to demonstrate. Just wondering if maybe the cast officer considered you as "dating" before your marriage rather than de facto - and that would make the CO's decision correct. If you have a child together, you have to be married and/or de facto two years in order to qualify for the 801 immediately.

Unfortunately if you've already questioned it and the CO has said no, Westly (as a respected RMA) would know best on how to approach it - and if he says you'd be throwing money away and not saving yourself any time by trying to appeal it, I'd take that to heart, personally.
Yes, we were de facto, which we stated in cover letters saying that we lived together since particular date.
 

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Discussion Starter · #7 ·
Depends on whether your partner relationship still exists at the relevant time. I do not know enough about your relationship to comment further.
May I suggest that you check the 801 requirements so you will know what to prepare?
No worries. Is there a chance that you may know what 1.5A regulation of the Family Migration Act is and where to find details on it?
 

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No worries. Is there a chance that you may know what 1.5A regulation of the Family Migration Act is and where to find details on it?
I don't think 1.5A is correct. Could you copy the exact wording? Happy to look it up for you.
 

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It is not a matter of satisfying the criteria for a particular visa, applicants must provide evidence to satisfy the minister's delgate that they satisfy ALL the criteria.

MIGRATION REGULATIONS 1994 - REG 1.15A
Spouse

(1) For subsection 5F(3) of the Act, this regulation sets out arrangements for the purpose of determining whether 1 or more of the conditions in paragraphs 5F(2)(a), (b), (c) and (d) of the Act exist.

(2) If the Minister is considering an application for:

(a) a Partner (Migrant) (Class BC) visa; or

(b) a Partner (Provisional) (Class UF) visa; or

(c) a Partner (Residence) (Class BS) visa; or

(d) a Partner (Temporary) (Class UK) visa;

the Minister must consider all of the circumstances of the relationship, including the matters set out in subregulation (3).

(3) The matters for subregulation (2) are:

(a) the financial aspects of the relationship, including:

(i) any joint ownership of real estate or other major assets; and

(ii) any joint liabilities; and

(iii) the extent of any pooling of financial resources, especially in relation to major financial commitments; and

(iv) whether one person in the relationship owes any legal obligation in respect of the other; and

(v) the basis of any sharing of day-to-day household expenses; and

(b) the nature of the household, including:

(i) any joint responsibility for the care and support of children; and

(ii) the living arrangements of the persons; and

(iii) any sharing of the responsibility for housework; and

(c) the social aspects of the relationship, including:

(i) whether the persons represent themselves to other people as being married to each other; and

(ii) the opinion of the persons' friends and acquaintances about the nature of the relationship; and

(iii) any basis on which the persons plan and undertake joint social activities; and

(d) the nature of the persons' commitment to each other, including:

(i) the duration of the relationship; and

(ii) the length of time during which the persons have lived together; and

(iii) the degree of companionship and emotional support that the persons draw from each other; and

(iv) whether the persons see the relationship as a long-term one.

(4) If the Minister is considering an application for a visa of a class other than a class mentioned in subregulation (2), the Minister may consider any of the circumstances mentioned in subregulation (3).
***********************************************************************************************
Provided that delegates make a genuine attempt to do their job, they face no consequences for being wrong. Delegates work in teams and what might satisfy one delegate might not satisfy the next delegate who looks at an application, so it pays to make applications as bullet proof as possible.
 

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Yes, we were de facto, which we stated in cover letters saying that we lived together since particular date.
Wow, that's frustrating. :(
 

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Discussion Starter · #12 ·
I don't think 1.5A is correct. Could you copy the exact wording? Happy to look it up for you.
The exact quote from letter is below:

"In your case, as you have lodged the Partner application on the basis of your marital status and therefore your application is assessed in accordance with the 1.5A regulation of the Family Migration Act"
 

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Discussion Starter · #14 ·
It is not a matter of satisfying the criteria for a particular visa, applicants must provide evidence to satisfy the minister's delgate that they satisfy ALL the criteria.

MIGRATION REGULATIONS 1994 - REG 1.15A
...
Thank you. This is pretty much a check list for evidence of the relationship...
 

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In the past just the 820 has been issued. Then a reminder that the 801 was relevant and should have been considered has resulted in a soon after 801 grant.

I don't agree with wrussell comments in this case - or he miss read them.

That's just my opinion. But it is certain you can go back to have it reviewed with out the AAT requirement & history says it can be changed.
 
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