Student (573) --> Partner (801 / 820) Visa: A Few Questions...

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Student (573) --> Partner (801 / 820) Visa: A Few Questions...


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Old 09-26-2012, 12:08 PM
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Red face Student (573) --> Partner (801 / 820) Visa: A Few Questions...

My name is Harley, I am an Australian citizen.

Firstly thanks in advance to anyone that replies, and to this website in general – I'm just starting out and I can see what a headache the visa process can be.

I am in relationship with Debi, who holds a Mexican passport, but is a resident of Spain.

In Dec 2011 we moved to Australia, after living with each other for a year in Spain. We have been gathering "proof of love" evidence ever since we arrived in Aust, nearly a year ago.

Debi entered Australia on a Higher Education Sector: Temporary Visa (subclass 573), which expires at the end of 2013.

I returned to Australia to study as well, but will not be fully qualified until the end of 2015.

We will soon be applying for a Partner Visa (Subclass 820 and 801) so that Debi can stay in Australia after she completes her studies, while I finish mine off.

I have a few questions...
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Q1: Assuming Debi is granted the Temporary Partner Visa (820), what (if any) travel restrictions will apply?
(I know I've seen it somewhere, but can't find them listed on the immi site)

All I can find is: “A temporary Partner visa (subclasses 309 and 820) allows you to travel until a decision is made on your permanent Partner visa.” (pp. 51 Partner Migration Booklet) I'm confused.. by 'travel' does it mean travel overseas? Does this mean that once granted the Temp (820) visa, Debi can leave Australia as many times as she likes, for as long as she wants? (So long as she informs the department)

...Considering the booklet also says (pp. 46) “you must be in Australia at the time your temporary visa is granted. You may be either in or outside Australia when the permanent visa is granted”

But under the Bridging Visas Section it states (pp. 46) " If you wish to travel overseas while your partner category visa application is being considered, you will need to apply for a specific bridging visa to allow you to travel overseas and then return to Australia. To be granted such a bridging visa, you will have to provide reasons for the travel and then the travel component of the visa will be tailored accordingly."

This seems contradictory )-:
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Q2: What is the usual processing time of the Temporary Partner Visa (820), if we applied in Dec 2012 - when (roughly) could we expect it to be issued?

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It is quite probable that we will return to live in Spain sometime during this whole process.
(I know – just to make things more complicated right!?)

Q3: Once Debi has either the Temporary or Permanent Partner Visa, would it be a problem if we went to live in Spain for a period of several years? (less then 5 years)
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Q4: If we apply for her 820 and 801 this December (2012), what would be a reasonable date to expect the Permanent (801) Visa to be granted? The immi website states that the 801 visa is usually considered 2 years after the application. Could I Debi realistically expect to have a Permanent Partner Visa issued by Dec 2014? Or does it generally take longer then that?

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Q5: Because Debi is in Australia, on a Temporary Student (573) visa - does this mean the cost of the visa will be $3060? (I guess this is more wishful thinking then a question - but is there a cheaper way to keep debi in the country for an extra 2 years while I finish my studies?)

Thanks again.
Harley


Last edited by Harley; 09-26-2012 at 02:10 PM.

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Old 10-15-2012, 09:27 AM
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Hey Harley...

let's see if I can shed some light on all this confusing process...

Quote:
Originally Posted by Harley View Post
Q1: Assuming Debi is granted the Temporary Partner Visa (820), what (if any) travel restrictions will apply?
as soon as the TR is granted she can leave Australia anytime she wants and come back whenever she wants...the important thing is that you stay in a relationship and can also proof that after the 2 year wait till PR-process starts...

When you apply onshore and your current visa expires while you wait for a decision you'll get granted a Bridging Visa, a bridging visa restricts you from traveling...BUT in your girlfriends case she still has a valid visa for over a year so I don't think she will even get a bridging visa...

Quote:
Originally Posted by Harley View Post
Q2: What is the usual processing time of the Temporary Partner Visa (820), if we applied in Dec 2012 - when (roughly) could we expect it to be issued?
This depends a lot on where you apply and how "complete" and strong your application is...make sure you hand in all the required documents and heaps of evidence this might speed things up....you can have a look at current processing times here ... I was told 6 - 9 months and was granted in 4 months, some people get told the same and wait a year...

Quote:
Originally Posted by Harley View Post
Q3: Once Debi has either the Temporary or Permanent Partner Visa, would it be a problem if we went to live in Spain for a period of several years? (less then 5 years)
no that's not a problem, you just have to inform IMMI about your new address immediately

Quote:
Originally Posted by Harley View Post
Q4: If we apply for her 820 and 801 this December (2012), what would be a reasonable date to expect the Permanent (801) Visa to be granted? The immi website states that the 801 visa is usually considered 2 years after the application. Could Debi realistically expect to have a Permanent Partner Visa issued by Dec 2014? Or does it generally take longer then that?
The 2 years start from the day you hand in your application...IMMI will contact you for the second stage a few weeks before the end of this 2 years, they will ask for some forms and documents and again evidence...but second stage visa are of lower priority so it can take some time to get it granted....as a temporary resident you do have pretty much the same rights as a PR so there is no rush to get PR really

Quote:
Originally Posted by Harley View Post
Q5: Because Debi is in Australia, on a Temporary Student (573) visa - does this mean the cost of the visa will be $3060?
yes that's what it means...

maybe look into WHV??? not sure if that's available for mexican citizens...


Hope this helps a bit
cheers

__________________


Bridging Visa A granted 5.April 2012
Work restriction removed 4.May 2012

Bridging Visa B granted 10.July 2012 (travel in August)

  #3 (permalink)  
Old 10-18-2012, 11:36 AM
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Dingo,

Thank you so much for replying.
You've cleared up all my questions.
Keep up the good work.

Harlz

dingo144 likes this.


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