[wdcj]

Dear forumers,

I am in a situation where I (being sponsored by my wife) was recently contacted by a CO handling my 820/801 application I lodged 4-5months ago to give police checks and medicals for proceeding. Although we built a strong case living together for > 6 years (aside the 2 year apart because of my work commitments inclusive) + many other proofs (marriage certs, she is pregnant with ultrasound scans, her hospital cards etc, financial commitments and the LOT!), the letter that the CO attached says that its for a 820 visa. To my knowledge that according to the DIBP website , I may be eligible for 801 visa rather than going through 820, because of a long term commitment.

That being said, recently we had a baby born here and we have her birth certs and am waiting for the proof of citizenship here in a few weeks. Can I make a case, using form 1022 stating that we have a newborn now, and a separate letter to our CO for escalating the process. I just dont want to go through the 2 year wait as I believe I clearly satisfy the requirements for 801 as stated. Anyone has any similar situation here where the CO is not convinced? and whether having a newborn (Australian) will speed things up a little.

Any past experience or advice is appreciated in advance.

Best,
Daza

 

[Mania]

Yes you're eligable for direct to 801.

No having a baby won't fast track you or any of the other 40,000 applications with children involved.

You like me and everybody else get the joy of waiting on the visa application - compassionate and compelling is a very stringent case to prove, usually involving major issues & illnesses, not just a desire to not wait.

 

[ampk]

The key is that you can be considered for the 801 grant straight after the 820 grant.

It does not have to be granted and it will depend on your relationship evidence.

This could impact greatly the consideration by the Case Officer depending when it was and how you addressed it in your application.

(aside the 2 year apart because of my work commitments)

The actual application/s will not be processed any faster just because you have a new born.

 

[wdcj]

Hi Mania,

Thank you for the quick reply. Yes although I will be eligible, I was surprised that the CO was not convinced OR is it that is generic that an applicant will receive the s56 letter stating 820 grant and not 801 grant. That made me so confused whether was I in for the 820 and not the 801 visa.

Cheers.

 

[wdcj]

The key is that you can be considered for the 801 grant straight after the 820 grant.

It does not have to be granted and it will depend on your relationship evidence.

This could impact greatly the consideration by the Case Officer depending when it was and how you addressed it in your application.

(aside the 2 year apart because of my work commitments)

The actual application/s will not be processed any faster just because you have a new born.

Hi ampk,

Thanks for the tips, I do believe we have attached many evidences. Even during our times apart, my wife came from Australia to live with me for 3-4 months and traveled together so we have proof for that too.

Now comes the stage to prove to them, so can you advise me if I am doing things the right way: In the coming weeks, I will fill up form 1022 to inform my newborn (Australian) girl, attached birth cert is enough or also proof of citizenship, police checks, and health, and lastly an essay begging the CO to overturn the 820 decision stated in the s56 letter?

Thanks in advance

 

[Mania]

In order to be granted an 801 visa you must successfully hold an 820 visa.

Your application is still for the 820, once granted the CO will usually progress it straight to an 801, if this doesn't happen then you will need to query as to why. Usually in this query eligable applicants get assessed for 801.

 

[ampk]

You applied for and at the same time both the 820 &801 visa.

The 820 must be processed first - it never gets bypassed.

Once the 820 is granted it is possible to also then grant the 801.

* So the CO must first make sure the 820 can be granted, it is my guess that they can not grant it at the moment as it seems your medicals have not been done or are not complete due to pregnancy.

 

[wdcj]

Hi Mania,

Thanks for the tips and your comment indirectly clear up my misconception about the stages when one has to go through 820 then to 801 (See my reply to ampk). Also, if you can advice me on my last comment to ampk, it will be greatly appreciated.

Best,
Daza

 

[wdcj]

Hi Mania and ampk,

I think its all clear to me now. Thanks for the all the help. It has made me feel much better now knowing that everything is normal.

Best,
Daza

 

[Mania]

S56 isn't a decision letter, it's a request for further info.

Once you provide that info and successfully get your 820 I would suggest you will receive a second grant email for the 801.

Right now you need to provide the further info as requested and finalise any citizenship paperwork required for your child - cross the 801 bridge when you get to it, if the issue actually arises.

 

[ampk]

"Now comes the stage to prove to them, so can you advise me if I am doing things the right way: In the coming weeks, I will fill up form 1022 to inform my newborn (Australian) girl, attached birth cert is enough or also proof of citizenship, police checks, and health, and lastly an essay begging the CO to overturn the 820 decision stated in the s56 letter?"

Without checking the form 1022 - I would say fill that, attach birth certificate (that has both your names contained in it, unlike a passport), other than a passport I don't know of any other document that proves citizenship than the Birth Certificate.

Upload that 1022 form with Birth Certificate, police check and :-evidence of the health check booking or receipt with a cover letter in the cover letter simply include that you would like to also be considered for the 801 as not only do you meet the long term relationship but you also now have a child together.

Keep in mind I think the having a child together is a at time of application requirement for consideration - so it wont be a factor they can consider. But it is a polite way to remind them of the long term relationship.

 

[wdcj]

820 granted, how about my 801?

Hi all,

I just got my 820 visa granted. Thanks heavens for that. I wanted to know how quick after 820 does one get 801 when I have convincing evidences to show that we are married, in a long-lasting r'ship, and have a child together does the CO grant the 801? Previously, other suggest it was straightforward but is it in a matter of weeks OR months the next 801 grant will happen. I am just curious. At this stage I am not complaining because I have my 820 granted within 6 months so I am happy. Any advise is appreciated.

Best,
daza

 

[Mania]

If you were eligable for the 801 at the time of application it should be almost simultaneous. You may want to contact them and ask, otherwise your back in the same random length queue it could take a day a month a year or two.

(Sorry I didn't re read the whole thread.)