820 - were we given the correct advice?

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820 - were we given the correct advice?


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Old 09-30-2011, 10:50 AM
bma bma is offline
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820 - were we given the correct advice?

Hi Everyone
First of all I would like to say that I've been reading the forum posts really thoroughly, but I still haven't found a similar situation to mine.
I would like to kindly ask you for an advice, as I really don't know what to do and especially what is the correct thing to do.
This is the story:
Kind greetings to all,
BMA


Last edited by bma; 01-06-2013 at 08:09 AM. Reason: too private

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Old 10-01-2011, 01:55 AM
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Hi,

Ok, to simplify the situation, the way I see it: you need to establish residence in Australia again, settle and get a job/house, ect. in order to be able to sponsor your partner (because you must be "usually resident") - that is correct.

Your plan with the tourist visa will work - as long as your partner's visa does not have a "no further stay" condition. We don't know the chances of this happening, we don't know why, but if it's your partner's first time in Australia I think that is a good sign.
Australian Immigration Fact Sheet 52b. Waiving Visa Condition 8503 - "No Further Stay"

I think the plan will work, and it's basically what you need to do if you want to be a sponsor.

They did provide you with false information about the resident return visa however. If you read here you will see that if you don't meet the 2 year living requirement, there are other options:
Five Year Resident Return Visa (Subclass 155)

You must have spent two of the last five years in Australia as a permanent resident. OR
For applicants outside Australia:
Substantial ties and compelling reasons for absence

If your last departure from Australia was as a permanent resident or Australian citizen:
- you must provide evidence of substantial business, cultural, employment or personal ties of benefit to Australia
and
- if you have been absent for more than five continuous years since your last departure from Australia as an Australian permanent resident or Australian citizen, you must provide evidence of compelling reasons for your absence over five years.


But in any case if you enter before your PR expires you won't have to worry about applying for a resident return visa.

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Old 10-01-2011, 07:49 AM
bma bma is offline
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Hi Sarah
Thank you very much for your reply. I've been checking different forums for the past three weeks ...


Last edited by bma; 01-13-2013 at 08:51 AM. Reason: too personal

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Old 10-01-2011, 11:31 AM
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Hi,

Technically as long as you could prove that you have:
"evidence of substantial business, cultural, employment or personal ties of benefit to Australia"
...you could apply for the 309

Like you, I would rather not take the risk. I think once you have a job and a place to live, I would apply for the 820. I wouldn't wait 9 months, I think once you have settled, you will have enough evidence to show that you intend to remain in Australia.

I think the tourist visa will work, and also a "no further stay" condition is not "added", it's either there in the email when it's granted or not. So at least you will know as soon as it's granted.

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Old 10-02-2011, 02:28 PM
bma bma is offline
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Quote:
Originally Posted by SarahM View Post
Hi,

Technically as long as you could prove that you have:
"evidence of substantial business, cultural, employment or personal ties of benefit to Australia"
...you could apply for the 309

Like you, I would rather not take the risk. I think once you have a job and a place to live, I would apply for the 820. I wouldn't wait 9 months, I think once you have settled, you will have enough evidence to show that you intend to remain in Australia.

I think the tourist visa will work, and also a "no further stay" condition is not "added", it's either there in the email when it's granted or not. So at least you will know as soon as it's granted.

Hi Sarah
Once again thank you very much for your reply.
Based on everything I've heard so far...


Last edited by bma; 01-13-2013 at 08:51 AM. Reason: The post was too personal...

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Old 10-03-2011, 01:38 AM
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Quote:
Originally Posted by bma View Post
Hi Sarah
Once again thank you very much for your reply.
Based on everything I've heard so far, we will not apply for 309, because I don't think I would be able to present "evidence of substantial business, cultural, employment or personal ties of benefit to Australia". I think it would be too risky to apply, after all who knows what »substantial« really means. And as I said before: we'd rather wait if necessary than be denied.

I just remembered that the migration agent told me that in order to apply for 820 I would need »to be settled in Australia – at least circa 2 years of living in Australia«. In total I had been living in Australia for 13 months since 2007.

Does this advice from a migration agent change your view on how long should we wait (not all advices from migration agents are accurate), or you still wouldn't wait a year to apply for 820 and would apply when settled?

I read about all the evidence we need to present, I have the list, and we will continue collecting that evidence, but is there anything else that perhaps I forgot to mention and you've just thought of?

Thank you so much for your replies, you've been a great help.

Kinds greeting from both of us,
BMA
Hi,

Regarding what the migration agent said, I don't think it is so black and white.

Being "settled in Australia" is not just a matter of time, just because someone has been in Australia for 2 years, they could leave at any time and they may not be renting/own a house and may not have a job.

I would not apply for the 820 straight away. I would find employment, start renting a house, ect. To be 100% you could wait until your partner's tourist visa is near its end, there is no harm in that since a Briding visa is granted straight away after applying. In your case, I would include a cover letter with the application stating your ties to Australia and your intentions to settle. I think with substantial ties + time, you will be successful.

Just to reiterate:
- settle yourself with a house and a job
- try to apply near the end of the tourist visa
- include a cover letter

I know there has been other people on the forum who went through the same situation and it was fine.


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Old 10-03-2011, 05:45 AM
dan dan is offline
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good luck with your application, sarah has pretty much covered it all. there is just one thing i thought i could add

Quote:
Originally Posted by bma View Post
I'm from a low risk country (EU passport)
sorry to the bearer of bad news, but an EU passport does not = low risk.. it depends on which country.

your profile says you are solvenian and slovenia is not a low risk country. i am not sure where your passport or your partner's passport is from, but this is something to keep in mind when you are considering processing times.

low risk = countries eligible for an ETA visa. there is a list here:
ETA (Visitor) (Subclass 976)

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Last edited by dan; 10-03-2011 at 05:49 AM.

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Old 10-04-2011, 12:22 PM
bma bma is offline
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Hi Sarah and Dan

Thank you both for your kind reply.


Last edited by bma; 01-13-2013 at 08:52 AM. Reason: too personal....

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Old 10-04-2011, 01:11 PM
dan dan is offline
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what is the regular 3mo exits? just get a 12mo 676 visa. and it's ok to rent a place on a tourist visa - you just can't work.

i would apply for an 820 visa, austrian's get to apply in berlin and that office is rather busy.

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Old 10-04-2011, 01:29 PM
bma bma is offline
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Quote:
Originally Posted by dan View Post
what is the regular 3mo exits? just get a 12mo 676 visa. and it's ok to rent a place on a tourist visa - you just can't work.

i would apply for an 820 visa, austrian's get to apply in berlin and that office is rather busy.

Hi Dan, thank you for your post. Unfortunately 676 visa comes with "no further stay" condition....


Last edited by bma; 01-13-2013 at 08:52 AM. Reason: too personal

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