Think we messed up big on 820/801, please help

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Think we messed up big on 820/801, please help


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Old 01-16-2015, 06:59 AM
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Exclamation Think we messed up big on 820/801, please help

Just spent the last few hours gathering a bunch of our photos together and painstakingly making sure things are under 5MB as well as a bunch of our social media stuff. I after this, realized that we may have submitted our application too early (we just wanted to get it submitted so we weren't stressed about it anymore)...... At the time we submitted it we would have been physically living together for 11 months. A bit of our back story to clear thing up:

Being both gamers we met online through our previous (we haven't played in awhile though) addiction Minecraft. I won't get to detailed (Faction server, each leader of large faction, waged war, my 2nd suggested we merge, added each other and Skype, and we did!), but after talking on Skype we got to know each other really well and eventually we knew we wanted to be together! We talked every single day for a year (longest we went without talking was the day i was on the plane here ) until a came to Australia. In about 3 months it will be our 3/2 anniversary (3 years in a relationship, 2 years physically together).

Now of course we have a metric shit ton of chat logs and logs from another app (Couple) we used sometimes to talk if we weren't on Skype. I also talked with her Mum a lot also during that time as well (she actually letting me stay at her home, without it would have pretty difficult for me to come here, she is amazing). Her Mum did a statutory deceleration for us about when I came here, where I live, and that our relationship is real and loving. It wasn't the form (form 80 i think?) thing, a few of our friends are gonna do that for us next week.

So basically what I am asking is what do you think about our case? Would we really get our application rejected for submitting it to early? Do all the people (parents, grandparents, friends) that knew we were together before we met in person matter? I know we will be contacted by a CO soon, so I am freaking out. Opinions, advices, anything

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Old 01-16-2015, 09:11 AM
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There are applicants who have had their application rejected for being even a few days short of 12 months living together, so it does happen. Typically you need to prove you've been de facto for the 12 months prior to your application. I'd suggest you speak with a migration agent to get a professional opinion.

Unfortunately if your application is refused, I think you get caught up in Schedule 3 which prevents you from lodging an onshore application after refusal so you'd have to go offshore to apply again (which then causes havoc with your bridging visa).

EDIT: Disregard the Schedule 3 bit as it may only apply if you've ended up illegally here. But I think it's still an issue to apply onshore if you've had a refusal of an onshore visa.

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Last edited by Maggie-May24; 01-16-2015 at 09:14 AM.

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Old 01-16-2015, 09:33 AM
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You need to have evidence of being in what immigration considers a"de facto" relationship for 12 months PRIOR to you lodging the application. That's quite clear on their partner visa documentation.

So if you have applied prior to having 12 months of de facto evidence then you don't meet the requirements.

Can you register your relationship in the current state you are in? That will waive the 12 month requirement.

Any evidence prior to you moving in - even a letter from her mum stating you were together, or 20 form 888's attesting to you being together - won't be sufficient and will be considered dating by IMMI. You need to have been in a defacto relationship.

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Visa: 820/801 Partner (Defacto) from WHV
Nationality: British
Applied: Online, Onshore (Melbourne)
Application Date: 5th February 2014
Police Checks: 5th February 2014
Medicals: 5th February 2014
GRANT DATE: 4th June 2014

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Old 01-16-2015, 09:43 AM
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I think even they register their relationship it's too late as it had to be done before lodge the application.

So, to not get rejected you have to proof that you've been in a de facto relationship and according to what I'm reading/searching in last few months , it's difficult to demonstrate it with evidence if you haven't lived together 12 months.


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Old 01-16-2015, 09:49 AM
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No.

You can register your relationship after you have lodged your application. It is not a time of application requirement

There is a post from Mark on this below:

http://www.australiaforum.com/visas-...-mark-559.html

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Visa: 820/801 Partner (Defacto) from WHV
Nationality: British
Applied: Online, Onshore (Melbourne)
Application Date: 5th February 2014
Police Checks: 5th February 2014
Medicals: 5th February 2014
GRANT DATE: 4th June 2014

Last edited by Engaus; 01-16-2015 at 09:51 AM.

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Old 01-16-2015, 10:20 AM
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Quote:
Originally Posted by Engaus View Post
No.

You can register your relationship after you have lodged your application. It is not a time of application requirement

There is a post from Mark on this below:

http://www.australiaforum.com/visas-...-mark-559.html
Okay.

Sorry for incorrect information. I thought it had to be done before lodge the application but register certificate can be provide to Immi later but I guess I was wrong

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Old 01-16-2015, 11:01 AM
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Quote:
Originally Posted by Engaus View Post
No.

You can register your relationship after you have lodged your application. It is not a time of application requirement
I really really really wish we could do this, but we live in SA (sorry South Aussies, just really mad at how stupid this is). I'd hand out flyers in the city all day telling people about our relationship all day if that is what it took. There has to be something! The application is not just about everything that happened before you click a damn submit button, but about our future. They can't just disregard it like that. When we get a CO, is there no way we can talk with them or something? We had talked for getting married before all this, would getting married help at all?

If it is as easy as registering your relationship to waive the 12 months, then why do they care so much! It only hurts people in SA!


Last edited by Maggie-May24; 01-17-2015 at 12:51 AM. Reason: removed swearing

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Old 01-16-2015, 11:24 AM
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I understand it's frustrating - but at the end of the day you could have met the requirements if you had of waited another month? Like I said it's quite clear on the documentation they have for you to read that you need to meet the 12 month requirement.

Registering your relationship is a big step and shouldn't be taken lightly which is why they allow people to do it e.g same sex couples who can't get married.

Getting married or registering your relationship waives the 12 month requirement.

I would speak to a MARA agent who can look at your application and the evidence you have. But as others have said, people have been rejected for not meeting this requirement.

EDIT: Seems marriage is a pre application requirement as well!

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Visa: 820/801 Partner (Defacto) from WHV
Nationality: British
Applied: Online, Onshore (Melbourne)
Application Date: 5th February 2014
Police Checks: 5th February 2014
Medicals: 5th February 2014
GRANT DATE: 4th June 2014

Last edited by Engaus; 01-16-2015 at 12:33 PM.

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Old 01-16-2015, 11:41 AM
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DIBP is bound by legislation and 12 months living together is a requirement.

As for marriage unlike offshore applications with onshore applications you have to be married at time of application.

We have seen people rejected with being just a few days short of 12 months.

I would be speaking with a migration agent ASAP and get them to go through your evidence and see if there is anything else they can do to help.


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Old 01-16-2015, 02:49 PM
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Quote:
Originally Posted by Mish View Post
DIBP is bound by legislation and 12 months living together is a requirement.

As for marriage unlike offshore applications with onshore applications you have to be married at time of application.

We have seen people rejected with being just a few days short of 12 months.

I would be speaking with a migration agent ASAP and get them to go through your evidence and see if there is anything else they can do to help.
We are really freaking about right now, can't speak with anyone until Monday. Does not registering our relationship with Centrelink mean anything? We had to do it in order for her to be declared independent. It a Government entity, we gave them all the same information we would have had to give in any other state. We have been reading the website and they say they waive things in instances of compassion. Have you ever herd of being able to plead your case in person or something? Anything at all, we are just looking for some sort of hope so we are not losing it until monday


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