[Ally11]

Hi everyone

I'm hoping someone can help me or has been in a similar situation.

My partner is from the UK and we're getting married next April. Our plan was to travel for as long as our money lasts for our honeymoon but we haven't started the process for the 820 yet and I read that if your visa is granted while you're overseas it will automatically become invalid.

I also read that if you've been together for 3 years or more you might be eligible for express processing for the 801 but that won't be until the end of September so I'm not sure if we should take the risk of waiting until then to put the visa in in hope that it gets approved a lot quicker or if we should just do it now and hope the wait time is quicker than 17-24 months as it now states online.

Does anyone know the likeliness of the 801 being approved quicker if we wait?

Thanks in advance
Ally

 

[wrussell]

There is no such thing as express processing. If an 820 (provisional) partner visa is granted then an 801 (permanent ) is granted at once if applicants meet the conditions.

 

[Skybluebrewer]

Not sure where you're getting your information from but you probably shouldn't use that source anymore.

There's no point in applying for the onshore 820/801 if you don't plan to remain onshore while waiting. In fact, the BVA that's granted that allows the person to remain onshore when their current visa ends does not come with travel rights, so you'd have to make a separate BVB application for that and it's typically only granted for short periods to allow you to leave and reenter Australia. There is an offshore 309/100 which is the same partner visa but for offshore applicants and if you plan on being offshore for long periods, then that may be the best option. This is why it would be good to consult an RMA and see what all your options are, possible pitfalls of choosing certain routes, and making the best decision for the circumstances of your relationship.

The long term relationship is for de facto or spouse couples... so any time dating or time that you can't prove such a relationship doesn't count towards that. The applicant would make either the 309/100 or 820/801 application and wait the normal processing times for the first stage (which for onshore often takes 1-2 years or more). If at that time of assessment, the CO feels you've supplied enough evidence for the 3 years prior (or 2 years if there's a child of the relationship) to the date of application, then they may grant the 100 at the same time as the 309 or the 801 at the same time as the 820. As we have seen with previous posters on the forum, that is no guarantee and if this is what you'll aim for, your best chance at waiving that two year waiting period between application and PR eligibility will be using an RMA to present your application in the best way possible.

You should read the partner visa websites for information on this. 309/100 and 820/801.

 

[CCMS]

I also read that if you've been together for 3 years or more you might be eligible for express processing for the 801

I'd be interested to see your source for this information...

Personally I only use the Migration Regulations and the Migration Act.

 

[Lisa Ira]

The offshore partner visa has a processing time of 12 months at the moment (compared to the onshore visa, which is 17 months). If your main objective is to get the visa processed asap, it might be worth considering.

Kind regards

Lisa Ira (LLB.BA.GDLP)
Principal Migration Consultant (MARN 1467616)
Proxy Migration

e: [email protected]
w: www.proxymigration.com.au

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