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Discussion Starter · #1 ·
Good morning,

Applied for 820 visa in March 2017 and received notice of grant a couple of days ago Hooray!

I had little doubt, as I've been in Australia for almost 10 years, and married to my (Australian) wife for 5.

On meeting the "de facto for three years" requirement, I understand that I should be eligible for proceeding straight to an 801 visa. However, I can't find the official legislation governing the three year waiver - can someone please point me to where this information can be found (i.e., an official source, not a migration agent website)?

Also - how do I go about contacting my CO? I only have her first name, employee number, and the fact she is at the Jakarta AU embassy (only auto-generated correspondence was received through my application process)?

Thanks very much for any help.
 

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There is no waiver provision for the issue you described and none is required.

Search: Subclass 801 schedule 2 and select non-agent a link that suits you tro see the applicable regulations.

To have the 820 visa grant reonsidered, you would be relying on the long term relationship criterion, which can be accessed by subscribing to LegendCom ($800) or in some public libraries for no charge.

If an 801 grant does not follow (820 must be granted first), you might have to contact an officer at mangagement level to look at it.

Best of luck.
 

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Discussion Starter · #3 ·
There is no waiver provision for the issue you described and none is required.

If an 801 grant does not follow (820 must be granted first), you might have to contact an officer at mangagement level to look at it.

Best of luck.
Thanks for this informative response, Westly.

I am correct that that the two year waiting period does not apply for relationships of at least 3 years at the time of application, right?

If so - does this happen automatically? How long after the grant of the 820 will I know whether it is even being looked at?

How/who do I contact to ensure that it gets looked at?

Thanks for your help - hugely appreciated (there really isn't much helpful/practical information from the Dept. of Immigration website).
 

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Thanks for this informative response, Westly.

I am correct that that the two year waiting period does not apply for relationships of at least 3 years at the time of application, right?

If so - does this happen automatically? How long after the grant of the 820 will I know whether it is even being looked at?

How/who do I contact to ensure that it gets looked at?

Thanks for your help - hugely appreciated (there really isn't much helpful/practical information from the Dept. of Immigration website).
DOHA offocers are employed to assess applications, not to give give migration advice, which they are not qualified to do. The informatrion on DOHA websites is simplistic, incomplete, misleading and sometimes wrong. For correct infromation go to the legislation.
 

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Discussion Starter · #5 ·
DOHA offocers are employed to assess applications, not to give give migration advice, which they are not qualified to do. The informatrion on DOHA websites is simplistic, incomplete, misleading and sometimes wrong. For correct infromation go to the legislation.
Somewhat off topic. But I completely disagree with with the sentiment of this post.

I'm an intellectual property lawyer - so you could say that I know a little about reading legislation. But - I disagree that legislation communicates how to do things in practice at all.

Have a browse of the IP Australia website. From your reasoning, IP Australia is not there to assist its customers or give meaningful advice regarding how to do things. I think this department missed your memo - because they take customer relations and engagement very seriously.

One could allege that I have a vested interest in keeping IP matters as secretive as possible. But the reality is completely the opposite, I am hugely supportive in IP Australia's efforts.

Furthermore, I asked a question about how to contact the relevant person at Immigration. Now - I haven't read the relevant legislation - but I would bet my bottom dollar that it is wholly silent on this.
 

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Somewhat off topic. But I completely disagree with with the sentiment of this post.

I'm an intellectual property lawyer - so you could say that I know a little about reading legislation. But - I disagree that legislation communicates how to do things in practice at all.

Have a browse of the IP Australia website. From your reasoning, IP Australia is not there to assist its customers or give meaningful advice regarding how to do things. I think this department missed your memo - because they take customer relations and engagement very seriously.

One could allege that I have a vested interest in keeping IP matters as secretive as possible. But the reality is completely the opposite, I am hugely supportive in IP Australia's efforts.

Furthermore, I asked a question about how to contact the relevant person at Immigration. Now - I haven't read the relevant legislation - but I would bet my bottom dollar that it is wholly silent on this.
Your reference to IP Australia seems to me to be quite irrelevant. I could be wrong. There is a first time for everything.

All you need to know is in the legislation, except whom to contact, which is in your visa grant letter and when you have read the legislation read PAM3 (Procedures Advice Manual) which informs officers how to proceed. It is often in conflict with the legislation and inasmuch tempts decision makers to act ultra vires.

I have successfully advised several lawyers who accepted the adage - He who represents himself has a fool for a client and who sought professional advice. They were quite capable of lodging their own applications and did, but they were not inclined to wade through13000+ pages of BS, concocted by the functionally illiterate and paid a consultation fee to be put on the right bus.

To be advised how to contact a relevant person, you might post the particulars of the mission at which the application was processed and someone might be kind enough to tell you; not I.
 

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DOHA offocers are employed to assess applications, not to give give migration advice, which they are not qualified to do. The informatrion on DOHA websites is simplistic, incomplete, misleading and sometimes wrong. For correct infromation go to the legislation.
There are many cases even recent ones that confirm this.

The 820 PAM 3 section is very interesting indeed, I do have a copy but not sure how current it is, so wont release it. But that only guides the Case Officer on Policy and a large contrasts with check lists and web site information including facts sheets.

Partner Visas are not officially capped if you read the Immigration website, what they don't say is that government yearly planning levels for Partner Visas will never be exceeded - that's misleading and why wait times have blown out.
 

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I am correct that that the two year waiting period does not apply for relationships of at least 3 years at the time of application, right?

If so - does this happen automatically? How long after the grant of the 820 will I know whether it is even being looked at?

How/who do I contact to ensure that it gets looked at?
Where the applicant was in a long term relationship at time of lodgement, the permanent visa is normally granted straight after the temporary one. If it hasn't and it has been 2 years since the application was lodged , you should move on to the stage 2 documentation, as you will receive no further notification.

Contacting a particular person at DOHA is about as simple as contacting someone at your phone company. It's nearly impossible, unless you have some direct contacts like most RMA's do and which are seldom shared with the general public for obvious reasons.
 
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