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Discussion Starter #1 (Edited)
Hi guys,

I am on and off with our 820 onshore visa application. We are in a relationship for 3 years by the end of Jan15 hence we held back lodging our application because we read in the booklet that a committed relationship for 3 years and over (with proof) would lead to waiving the 2 year waiting period between the initial application date for the 820 and the then permanent visa 801.

Now my heart sank when I read on a different immigration website that the 3 year relationship would not any longer lead to an instant application for the 801, hence 3 year committed relationship would not lead to the 2 year waiver.

Is this true? Have we now held back our application for longer than a year just to find out that it was all for nothing? :"((((

thanks for replies.

Cheers

This is what I read

"Some onshore Partner visa applicants will have heard through various means that if they are affected by the Schedule 3 provisions above (Migration Regulation 820.211(2) (d) (ii)) that if they have been in the relationship for more than 2 years prior to applying or if they have been in the relationship for more than 1 year and they had an Australian Citizen child of the relationship that DIBP would provide a ‘waiver’ of the Schedule 3 criteria. This interpretation was contained in the PAMS. Letters sent out by DIBP case officers in these circumstances normally helpfully quote these as examples of ‘compelling reasons’.

DIBP have now changed their policy interpretation of ‘compelling reasons’. The crucial new wording of the DIBP policy on this matter now states…



“….officers should consider circumstances on a case by case basis.

In doing so, however, officers should be mindful that the intent of the waiver provisions is to allow persons whose circumstances are genuinely compelling to regularise their status. The provisions are not intended to give, unfair advantage to persons who:
◾fail to comply with their visa conditions or
◾deliberately manipulate their circumstances to give rise to compelling reasons or
◾can leave Australia and apply for a Partner visa outside Australia.”"

I am confused. This now says case by case basis...

I feel like I should have a live ticker from the DIAC for the newest information so I am always up to date...A few weeks without checking and everything seems to have changed again. :"(
 

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Discussion Starter #3
I actually dont know but when I had my baby and told DBIP about it earlier this year, they said I still had to wait until I completed my 2 years period before eligible for 801.

But yeah they actually changed their wording for it.

DIBP change in Policy for Some Onshore Partner (820/801) visa applicants
Hi
Thanks for your reply.
In your particular case this may have been right because I read on numerous occasions that waiving the 2 year waiting period (two years and a child together) only impacts on the application when the child has been born prior to the lodgement of the application. As an example:

you lodge your application when being with your partner for 2 years and you are 8 months pregnant with your child -> no waiving of the 2 year requirement.

You lodge your application when being with your partner for 2 years and you gave birth to your baby one month ago -> waiving of the 2 year waiting requirement.

This is how I understood this even though this does not impact on our application since we are not pregnant. Please amend if information I have given is incorrect.
 

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That is only if you fall under schedule 3, if not then won't apply.

When you say in a relationship for 3 years it has to be living together or married for 3 years. DIBP considers time before living together as dating. As long as you have been living together or married for 3 years at time of application and can provide evidence of this then you will be granted 801.
 

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Discussion Starter #6
Thanks for your reply Mish.

I will have to explore further as I get different information on the 3 year thing. We were advised to just wait until Jan15 as we would then be eligible. We lived together with landlord proof since June12 and shared a small apartment since beginning of Feb12 (we moved together 2,3 weeks after we met :) very early!)

Technically only our registered relationship dates back to Jan15.
I would need to ask someone who experienced a similar case.

Back then the person explained that registering the relationship would be proof enough for the 3 year ongoing relationship and therefore we would be eligible and it would be a smart move to hold back the application until Jan15.

It would be fine either way, no hurry but obviously if we could speed up the whole waiting room thing that would be extremely exciting.

:)
 

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With DIBP it is all about proof of that time. The only way the registering of the relationship would help in regards to 3 years is if it was done in Jan 2012.

Have you got any proof of living together in Feb 2012? If you don't then you would have to wait until June 2012 where you have the evidence to qualify for 801.

The migration agents on this forum regularly say any period prior to living together is considered dating by DIBP.
 

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Discussion Starter #8
you are probably right. I was just thinking about people who were short for the one year requirement where registering the relationship was the option to apply for it any way. I thought this could maybe be accredited for this one as well. Well like I said it would be nice but if not, then not. I could contact the real estate and ask them to write a reference but I was not on the lease in Feb12. I have his family who could write a reference and obviously we both would write that we live together since feb12. My current visa is until March15..Maybe submitting in March and handing in family statements writing that we lived together since Feb12...but no letters at this address or any other paperwork..
 

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I think you mean if you apply March 2014 PR is March 2016. Granted is a term that we can't use for the PR. You become eligible for PR 2 years from when you apply for 820 (if you do not qualify for 801) DIBP will not process the 801 until the eligible date even if you lodge the PR docs 2 months before. The processing of the PR seems to be around 3 to 4 months at the moment.
 

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Laura since the visa expires in March 2015 you have nothing to lose to lodge in Feb 2015 and see if they will grant PR straight off based on statements from other people.

Don't forget to write a letter saying you would like to be considered for PR instead of TR because of the length of the relationship and refer them to the evidence to support the claim. The worse they will say is no you do not qualify because not enough evidence for PR. But no harm to try. I am not 100% sure if they will take family and friends statements into account or if they want more.

Do you not have any old bank statements from that time? Individual is ok. Anything addressed to either of you in February to show you both got mail at the same address.
 
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