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Discussion Starter · #1 ·
Hey everyone,

I am an Australian citizen and my boyfriend is an Irish citizen. We have a bit of a doozy of a situation.

He is currently in Australia on a 457 visa (exp. Feb 2019) and we have lodged our Defacto Visa (820/801) application from Australia.

Since lodging our application his parents have become unwell and we would like to return to Ireland for an extended period of time to care for them.

The issues we have now are:
1) As the 820 application was lodged in Australia, we will need to be in Australia when it is processed (current estimate is March - October 2019).
2) As his current 457 visa is still valid, he must remain in Australia on the terms of his current visa, so couldn't leave on any extended leave without their agreement and without intending to return to work for them.

We have tried to get onto Immigration but they refer to the website, but we cannot locate information specific to our needs. We will contact an immigration agent but would like to know if our case is completely fruitless before throwing money away.

So the questions we have are:
1) Would this be grounds for a refund of fee's paid? There isn't an option for compassionate reasons on the refund application. We would then reapply from Ireland
2) Is there any precedence for an onshore application to be transferred to an offshore one?
3) If he was able to somehow convince his employer to provide him with extended unpaid leave, is there any warning given about when an application would be processed / approved so that we could return to the country for the processing?

At this point the only path I can see is throwing away $7k and applying again from Ireland. Obviously - not an idea I am particularly interested in entertaining.

Does anyone have experience in anything relative to this circumstance?

Thanks in advance,
B.
 

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No idea but I hear DIBP doesn't like to give money back.

I have to chime in here though and let you know your estimated wait time is incorrect. Current processing times according to the DIBP website are 75% processed in 20 months and 90% processed in 25 months for 820.

This does not mean a 20-25 month wait. Only an estimated 15% will end up waiting this long.

75% processed in 20 months means 75% will have their apps finalized within 20 months. An app finalized in 3 months falls into this category, as do apps finalized in 6 months, 12 months, 18 months, etc up to 20 months.

Perfect example of this: someone posted on this forum earlier today that their 820 was granted recently. It took 7 months. That is within the processing time listed on the website and that person is part of that 75%.

So that's important to understand when making your decision on what to do next. Does that mean your partner's app will be processed in 7 months? Not necessarily but it is clearly a possibility.
 

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1). I doubt it, but it costs nothing to try
2) No, there is no way to do this
3). People often go offshore for short periods, while their sc.820 is being processed. Going offshore for a longer period is not ideal, so it will be important to let DIBP know what’s going on and to make sure the sc. 457 is not cancelled.

My advice would be to try and stay put until the partner visa is granted, but I understand that it may be difficult under the circumstances.
 
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Discussion Starter · #6 ·
I have to chime in here though and let you know your estimated wait time is incorrect. Current processing times according to the DIBP website are 75% processed in 20 months and 90% processed in 25 months for 820.

This does not mean a 20-25 month wait. Only an estimated 15% will end up waiting this long.

75% processed in 20 months means 75% will have their apps finalized within 20 months. An app finalized in 3 months falls into this category, as do apps finalized in 6 months, 12 months, 18 months, etc up to 20 months.

Perfect example of this: someone posted on this forum earlier today that their 820 was granted recently. It took 7 months. That is within the processing time listed on the website and that person is part of that 75%.

So that's important to understand when making your decision on what to do next. Does that mean your partner's app will be processed in 7 months? Not necessarily but it is clearly a possibility.
This is very true. I am trying not to rely on that in my head though, definitely planning based on a worst case scenario.

Thanks for your input though!

I guess we will just go back through our immi applications to make sure there aren't any holes in our evidence and hope for the best.
 

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Discussion Starter · #7 ·
1). I doubt it, but it costs nothing to try
2). No, there is no way to do this
3). People often go offshore for short periods, while their sc.820 is being processed. Going offshore for a longer period is not ideal, so it will be important to let DIBP know what's going on and to make sure the sc. 457 is not cancelled.

My advice would be to try and stay put until the partner visa is granted, but I understand that it may be difficult under the circumstances.
Thanks for your advice. I think that is what we're going to have to do, and in the meantime make sure there are no holes in our application that would delay processing.

Fingers crossed for a speedy approval !
 

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This is very true. I am trying not to rely on that in my head though, definitely planning based on a worst case scenario.

Thanks for your input though!

I guess we will just go back through our immi applications to make sure there aren't any holes in our evidence and hope for the best.
Worst case is an estimated 10% take 26 months or more.
 
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