820 Temporary Onshore - Waiting Room!
3321 - 3340 of 6595 Posts
Joined
·
1,118 Posts
Thank you for that. My partner is the Aussie citizen who has to go through a corneal transplant surgery. He's legally blind in his right eye already (his disease progressed really fast in that eye) and has 6/12 vision in his left. I'm hoping we get a positive response from DIBP fairly quickly, as it's already stressful enough getting ready for his transplant surgery.
I hope you get your response quite quickly LadyRogueRayne! And I hope your husband's surgery to go well and I wish him a quick recovery! xx
Joined
·
1,118 Posts
Thanks for that Renekara! I hope so, too. We're staying positive that his surgery will be successful and go well. As for the schedule 3 stuff, I'm just curious as to how long DIBP takes to make a decision. I've seen some get a decision in as little as 2 days, while others it seems, took months. It's just so crazy!
Hi LadyRogueRayne, I am sorry, but I am not sure about schedule 3 stuff at all. To be honest, I am not even sure what that is...
But I hope everything goes well for you guys and I hope you hear good news really soon!
Immi is taking way too long to process all these applications, and I think we are all in the same boat. We are all getting impatient and frustrated.
Joined
·
1,118 Posts
Yes, DIBP is taking a long time to process apps. But, hopefully you'll hear something soon, Renekara. Keeping my fingers crossed for you! 
Schedule 3 is a list of requirements that you have to meet if you apply for the 820 visa while on a bridging visa, or if you were unlawful (do not hold a substantive visa). I was on a BVA when we applied, as we had a few things happen that didn't allow me to go with my original plan of a 189 skilled visa. And though I stayed completely lawful, our circumstances led to this, unfortunately. We do meet the Schedule 3 requirements. However, the "compelling circumstances" caveat is the tough one to meet. My partner has to have transplant surgery, so if he were to leave, he wouldn't be able to get it and would go completely blind. Plus, he relies on me for driving, helping him (visual things like reading, etc), as well as daily household activities. Once he has his surgery, he will completely rely on me until he heals. Additionally, his father has been ill (had a stroke about 6 months ago). There are also several other things that we highlighted to show why we had to go this route. We looked at all of our options, and this was really the best one for us. We have worked with MARA agents to help prepare our Schedule 3 response and all we can do is hope that the CO that we get will feel that our circumstances are compelling. It is tough, because there is no set list of what circumstances are to be considered "compelling" and it is completely up to the CO to determine. If they deny it, then the next option is AAT, at which point we go to tribunal and present our evidence there. I did my homework and prepared our statements/evidences in line with similar AAT cases. It's my hope that the CO accepts it and we don't have to go to AAT.
It's all very scary and I would never advise anyone to go the route we had to take. Most Schedule 3 waivers get denied; however, there have been changes since the pivotal case in March 2016. That being said, I feel we prepared a very strong case and we're trying to stay positive. We're going about our lives as usual and not allowing it to hold us up on anything. For us, no news is good news, as they are usually pretty quick with denials. If we get asked for police checks and medicals, that will be a good sign. So, now all we can do is wait and see what happens.
Schedule 3 is a list of requirements that you have to meet if you apply for the 820 visa while on a bridging visa, or if you were unlawful (do not hold a substantive visa). I was on a BVA when we applied, as we had a few things happen that didn't allow me to go with my original plan of a 189 skilled visa. And though I stayed completely lawful, our circumstances led to this, unfortunately. We do meet the Schedule 3 requirements. However, the "compelling circumstances" caveat is the tough one to meet. My partner has to have transplant surgery, so if he were to leave, he wouldn't be able to get it and would go completely blind. Plus, he relies on me for driving, helping him (visual things like reading, etc), as well as daily household activities. Once he has his surgery, he will completely rely on me until he heals. Additionally, his father has been ill (had a stroke about 6 months ago). There are also several other things that we highlighted to show why we had to go this route. We looked at all of our options, and this was really the best one for us. We have worked with MARA agents to help prepare our Schedule 3 response and all we can do is hope that the CO that we get will feel that our circumstances are compelling. It is tough, because there is no set list of what circumstances are to be considered "compelling" and it is completely up to the CO to determine. If they deny it, then the next option is AAT, at which point we go to tribunal and present our evidence there. I did my homework and prepared our statements/evidences in line with similar AAT cases. It's my hope that the CO accepts it and we don't have to go to AAT.
It's all very scary and I would never advise anyone to go the route we had to take. Most Schedule 3 waivers get denied; however, there have been changes since the pivotal case in March 2016. That being said, I feel we prepared a very strong case and we're trying to stay positive. We're going about our lives as usual and not allowing it to hold us up on anything. For us, no news is good news, as they are usually pretty quick with denials. If we get asked for police checks and medicals, that will be a good sign. So, now all we can do is wait and see what happens.
Joined
·
1,118 Posts
Thank you for that! I truly appreciate the moral support and it is greatly needed right now. Yes, we are hoping it goes well and his body doesn't reject the transplant. We go to Perth next month to meet with the surgeon and go through the preliminary steps. We don't know exactly when they will do the surgery. We're hoping it will be after Christmas, but before the new school year starts (I'm a teacher). That way, I'll have all of January to care for him, while he's convalescing. It will take a year for it to completely heal, but he should be able to have bandages/patches removed after a month or two. Which will be good, because I will be the one working, as he cannot work while it's healing, or he could rip stitches/damage the transplant.
We do have a strong case, and again, would NOT have gone this route if we could have avoided it. Just gotta stay positive and hope for the best.
I've read somewhere that sometimes partner visa applicants have received their PR visa(801) immediately if the married/DeFacto couple have a child.
So if one has recently applied for partner visa onshore and is on the 820 with a bridging visa then has a childbirth, will the 820/801 be quickly approved or is it still the waiting period the same as everyone?
So if one has recently applied for partner visa onshore and is on the 820 with a bridging visa then has a childbirth, will the 820/801 be quickly approved or is it still the waiting period the same as everyone?
Hello.
We had discussion with my fiance. And now im confused. We signed NOIM in July and the ceremony had to be in August. For the personal reasons we had changed the date.( May 2017) Now we're applying for Sc300 and the question on 40sp is: 'date of intended marriage ' SHOULD we write PREVIOUS date or FUTURE date?
It may sounds silly ...coz I think we should provide FUTURE date BUT because of him I want double check.
Thank you
We had discussion with my fiance. And now im confused. We signed NOIM in July and the ceremony had to be in August. For the personal reasons we had changed the date.( May 2017) Now we're applying for Sc300 and the question on 40sp is: 'date of intended marriage ' SHOULD we write PREVIOUS date or FUTURE date?
It may sounds silly ...coz I think we should provide FUTURE date BUT because of him I want double check.
Thank you
I believe this is only taken into consideration if the child was born before the original application was lodged. A child born AFTER you lodge the 820 application will not result in you going directly onto the 801.
They can't be on a 820 and a bridging visa at the same time I am thinking you mean applied for a 820/801.
Child or not it still takes the same amount of time.
To go straight to 801 you need to be married or de facto 2 years with a child at time of application. Having the baby after lodging does not help.
NOIM's have the future date on them.
Yes that's what I mean't
I don't understand why having a child before application would be quicker for approval than having one after application.Can anyone comment on this? Or is it something to do with the 2 year thing? Being married or Defacto 2 years with a child, or after application for Partner visa, a child is born and still 2 years to wait for 801?
Having a child before or after does not make the application approved faster. I have seen people with a child wait over 12 months.
It is all the luck of the draw with processing times.
There have even been people with no children processed faster than people with children.
There was actually a 100 visa approved recently that was approved really fast and we haven't see one approved that fast in a very long time. They have no kids. However aomeone with a child has been waiting almost 6 months so far.
When they have been married or de facto for 2 years (but not 3 years yet), a child born after the 309/820 application the applicant still needs to wait for the 2 year eligibility to apply for the 100/801.
Hi All,
I have received the following email yesterday evening from DIBP:
===============================
Please see the attached information.
I am in the process of finalising your Partner (Temporary) (subclass 820) visa, and require one last document as per the attached Checklist.
You can scan the document and email it to me in reply to this email.
===================
I have provided the document then and there via email as I reached maximum documents to upload. And my sponsor's application shows as approved. What does this mean? Are they going to finalize the application soon?
Thanks and I am bit relax that I have received some response.
I have received the following email yesterday evening from DIBP:
===============================
Please see the attached information.
I am in the process of finalising your Partner (Temporary) (subclass 820) visa, and require one last document as per the attached Checklist.
You can scan the document and email it to me in reply to this email.
===================
I have provided the document then and there via email as I reached maximum documents to upload. And my sponsor's application shows as approved. What does this mean? Are they going to finalize the application soon?
Thanks and I am bit relax that I have received some response.
OMG Gubla, looks like you will get your grant really soon!!! So exciting!
When did you apply?
3321 - 3340 of 6595 Posts
Join the discussion
Join now to ask and comment!