[leash]

Hi everyone,

Me and partner (Australian Citizen) are on the process of going to apply for De Facto 820 visa and hoping to go straight to 801 without going through the 2-year temporary visa.

We started dating since July 2012 (3 years 7 months to date). We have been living together since 31 Jan 2013 and that makes us 3 years and a month in total. However, we were separated for about 5 months from Sept 2015 to Jan 2016 because i was on my exchange semester overseas but our relationship continued. so technically, we've been living in the same house for a little over 2.5 years.

--Does immigration count the start date of the relationship for 3 years as long term relationship or the duration of living together?

--Do you guys think that we should really apply after we fulfil the 3 year requirement or is it ok as long as we have enough evidence to prove that we were in a continuing relationship within the 5 months while i was overseas?

Does anyone share similar experience?
Any comments/suggestions are much appreciated!!

 

[Simply]

There is no way to skip the 820 to 801 waiting period.

The 820 is the first stage into a 801 visa. The 2 year wait for the 801 starts once you lodge the 820.

 

[leash]

There is no way to skip the 820 to 801 waiting period.

The 820 is the first stage into a 801 visa. The 2 year wait for the 801 starts once you lodge the 820.

are you sure? i've heard cases where couples who have been together for longer that 3 years that had that.

and it was also in the statement immigration published as well.

 

[JandE]

Info from immigration website.

You could be granted a permanent visa without having to fulfil the usual two-year waiting period if:

at the time you apply, you have been in a partner relationship with your partner for three years or more

https://www.border.gov.au/Trav/Visa-1/801-#

The 5 month separation period i do not know enough about, but it is worth getting an expert opinion on it.

 

[leash]

There is no way to skip the 820 to 801 waiting period.

The 820 is the first stage into a 801 visa. The 2 year wait for the 801 starts once you lodge the 820.

I'm not allowed to post links but if you google 'Partner Migration Booklet', it should have it stated on page 38 and the second last dot point should states that.

Does it mean I should apply for 801 straight away instead of 820?

 

[leash]

Info from immigration website.

https://www.border.gov.au/Trav/Visa-1/801-#

The 5 month separation period i do not know enough about, but it is worth getting an expert opinion on it.

Thanks JandE! yeah I can't be certain with their initial meaning if it meant living together or been together.

But even if they don't count the 5 month separation, we still have been together for over 3 years. do you think it might work if we provide enough evidence to support that?

 

[Mish]

I'm not allowed to post links but if you google 'Partner Migration Booklet', it should have it stated on page 38 and the second last dot point should states that.

Does it mean I should apply for 801 straight away instead of 820?

You apply for 820 and if you have a long term relationship you will get 801 without having to wait 2 years.

 

[Arabella]

If the five month separation period was after you started living together, I don't think that would count as long as you weren't living "separately or apart on a permanent basis" or some wording to that effect. So I think you would meet the three year requirement.

 

[leash]

You apply for 820 and if you have a long term relationship you will get 801 without having to wait 2 years.

Thanks mish!!

 

[leash]

If the five month separation period was after you started living together, I don't think that would count as long as you weren't living "separately or apart on a permanent basis" or some wording to that effect. So I think you would meet the three year requirement.

appreciate it arabella!