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801 Visa Confusion

2K views 2 replies 3 participants last post by  Aussie83 
#1 ·
Hi, I think we got lost in the jungle somewhere. From the start. My partner (wife) arrived in Australia July 2014 on Subclass 300 Visa. Married September 2014. November 2014 Granted Subclass Partner UK 820 Visa
November 2016 applied for PR Visa. November 2017 Granted Permanent Residence 801 Visa (whilst out of the country).
Studied Aged Care January 2015 and started work soon after. Was eligible for Health Care Card at the same time but no Centrelink benefits (fair enough).
Worked until October 2017 then a trip to her home country for family reasons
The granting of 801 Visa November 2017 was while out of Australia. Partner returned first week of January 2018. We then to re-establish with Centrelink online as a Permanent Resident (Visa 801). Was refused Newstart. Was not until 2nd visit to Centrelink we were informed my partner was not eligible for any benefits but health Care Card was still in process. June, more Phone calls to Centrelink only to be informed NOT ELIGIBLE for Health Care Card, refer to home Affairs. After crawling through the “ Home Affairs” site I found they have moved the Goal post. As of January 1st 2017, New immigrants arriving under the Prospective Marriage visa will have to wait a further 104 weeks AFTER the approval of the PR visa 801 before being eligible for Centrelink Benefits. My question: Had my partner stayed in Australia when the PR visa 801 was approved would Centrelink have removed her eligibility to have at least the health Care Card. Or has my partner been a victim of technology upon return to Aust. the system sees 801 and the clock start ticking from there, not recognising here previous status. Confusing, yes. Do we go through the convoluted process with the Dept of Home Affairs or just get on with it. Can someone put some clarity to this please.
 
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