[Nervous Sausage]

Hi all, long story short is that my fiance from the US arrived here in Australia on the 30th of April 2017, on a Work and Holiday Visa (462), while we were waiting for her prospective marriage visa to finally be approved. After it was approved on the 31st of July this year, she re-entered Australia on the 14th of August, after having to leave for a couple of weeks. Now we're set to get married in a couple of days, and soon we'll be applying for the 820/801 visa. However, I read on the immigration website that if you've lived together in a defacto relationship for 12 months or more, you may be eligible to apply straight for the 801 visa, and bypass the 820.

My question then, is can we apply straight for the 801 visa if we wait a few more months, as it will then be 12 months to the dot that we have been living together by the time our prospective marriage visa expires. My fear is that this may be cutting it too close, as our prospective marriage visa expires on the 30th of April 2018. However, if we apply after having lived together for at least 11 months in March of next year, will this still be enough to satisfy the requirements for the 801 visa? While we may have only been living together since April 30th of 2017, we've considered ourselves to be in a defacto relationship, at the exclusion of all others, since around September of 2014, and have been taking steps towards joining our lives together. Of course, since I'm sure this applies to almost everybody applying for these visas, I don't think the case officers would take this into account would they? So, would it at all be possible to go straight to the 801 visa, or would I have to go through to the 820 first along with everybody else?

On a side note, in case anyone is wondering why I even asked this question, it's mainly because my partner hopes to attend university as soon as possible, and this won't be monetarily feasible if she's treated as a temporary resident under the 820 visa, as opposed to the permanent status that is granted by the 801 visa, which will allow her to defer her university fees.

 

[Nervous Sausage]

Okay, thank you very much for the prompt response. I must've gotten myself mixed up somehow. Looks like 820 next it is.

 

[Nervous Sausage]

Okay, I'm guessing my chances will be next to zero then from the sounds of it, but thank you anyway for your insight as it was definitely helpful.

 

[Nervous Sausage]

Yeah you're right, screw it. I'll try do the best I can, ask to be considered, and hope for a miracle. Thanks for the encouragement. Do you think however that it would hurt my chances to explain that I'd like to be considered for the 801 so that my partner can go to university, or would you advise against giving any motive whatsoever, and just simply ask to be considered for the 801?

 

[Nervous Sausage]

Gotcha, makes sense. Thanks a ton.

 

[Nervous Sausage]

Yeah but charged international fees on 820 visa, whereas on the 801 visa, you're also charged international fees, but it will be possible to defer the fees and not pay them back until years later, making it much more feasible. At least that's my understanding.

 

[Nervous Sausage]

Yes it used to be that way until this year I believe when the rules changed, which now mandate higher fees for even permanent residents, although they now have the ability to defer their fees, which wasn't possible before under the cheaper fees.