820/801 help

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820/801 help


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Old 06-04-2016, 05:56 AM
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820/801 help

Me (29) and my partner (29) applied for an 820/801 Visa in February 2016. The health of our relationship is not great atm and was hoping someone could clear up a few questions that I have. My partner already completed a 2 year working visa before we completed this application. She is a German citizen and wants to stay in Australia threatening self harm if our relationship ends and she is sent back home. She is currently on a bridging visa awaiting a decision on the partnership visa which by processing times should be around February 2017. I am seeking professional physcological help to address the mental health side but it makes it extremely difficult as a bridging visa does not include any medicare benefits so costs will all fall on me.

If our relationship breaks down before a decision is made ie the first step of the application processed:

1) I believe there are extenuating circumstances mentioned in the visa application that allow your partner to remain here if a split up was to occur. Would mental health be a consideration in this?

2) Is there any other visa options for my partner that would allow her to remain in the country and work? I assume she would chase sponsored work but that is pretty unlikely as it took her around 6 months to even gain casual employment and to my understanding once an application is withdrawn she would only have a month to finalize everything and leave.

3) Is it possible to get a refund or partial refund if the application is withdrawn prior to any processing ie before the grant of the visa and any communication from the immigration department?
(in the partner migration document it says "This will usually not be refunded if the application is unsuccessful, or if you decide to withdraw your application after you have lodged it." It seems ridiculous that you would not be entitled to at least a partial refund if the department has not done any work on the application.

4) If we split up before the first part of the visa is granted will It still count towards my "2 partners you can sponsor within your lifetime and 5 years post application that I cannot sponsor anyone else"?


Thanks in advance I hope we can sort out our differences but appreciate the advice/information as I'm in a really tough spot.


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Old 06-04-2016, 06:42 AM
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Originally Posted by ozzylouis View Post
4) If we split up before the first part of the visa is granted will It still count towards my "2 partners you can sponsor within your lifetime and 5 years post application that I cannot sponsor anyone else"?
I think that if you cancel the application before grant and she returns home then it won't count.

But i think you may need professional advise on this entire situation.

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Old 06-04-2016, 07:07 AM
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Quote:
Originally Posted by ozzylouis View Post

If our relationship breaks down before a decision is made ie the first step of the application processed:

1) I believe there are extenuating circumstances mentioned in the visa application that allow your partner to remain here if a split up was to occur. Would mental health be a consideration in this?

2) Is there any other visa options for my partner that would allow her to remain in the country and work? I assume she would chase sponsored work but that is pretty unlikely as it took her around 6 months to even gain casual employment and to my understanding once an application is withdrawn she would only have a month to finalize everything and leave.

3) Is it possible to get a refund or partial refund if the application is withdrawn prior to any processing ie before the grant of the visa and any communication from the immigration department?
(in the partner migration document it says "This will usually not be refunded if the application is unsuccessful, or if you decide to withdraw your application after you have lodged it." It seems ridiculous that you would not be entitled to at least a partial refund if the department has not done any work on the application.

4) If we split up before the first part of the visa is granted will It still count towards my "2 partners you can sponsor within your lifetime and 5 years post application that I cannot sponsor anyone else"?
1) No, the only circumstances are family violence, death of partner or child of the relationship
2) It would depend on her qualifications etc. if she would be able to apply for any of the employer sponsored or general skilled visas.
3) No refunds
4) The sponsorship limitation only applies where a visa ( or as the migration regulations call it : a "permission") has been granted.

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Old 06-04-2016, 07:42 AM
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In regards to the mental health issues if she is on a bridging visa from the partners visa application she is eligible for Medicare... Her gp could help with finding her access to a psychologist and also most community centres provide free access to counselling if she'd agree to go.. I wish you the best

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Old 06-04-2016, 08:36 AM
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Also keep in mind that if her visa is granted, it's a temporary visa. 2 years after the original application (Feb. 2018) you need to provide additional evidence that the relationship is still ongoing.

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Old 06-05-2016, 01:00 AM
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Originally Posted by ozzylouis View Post
It seems ridiculous that you would not be entitled to at least a partial refund if the department has not done any work on the application.

Welcome to the wonderful world of partner visa application.....

as others have already said...

As soon as the application for the 820 is lodged she is eligible for medicare. I would suggest going to an office asap and getting her temporary card sorted so she can get to her GP and obtain referral for the psychological help.

as for your other queries....

1) no her mental health will have zero bearing and will not assist her in remaining in Australia if the application is withdrawn

2) student visa/employer sponsored...

3) they say there are circumstances under which refunds are given...I've never head of it happening and "changing your mind" isn't a strong enough reason for them to refund

4) restriction is only if the visa is granted....

Also as Maggie has said...the visa is a 2 stage process and due to abuse of the system the 801 application now requires almost as much evidence as the 820 and you will not be eligible for this until February 2018 and current waiting times are 12-15 months for PR grant so unless the relationship can be saved and you remain together until 2019 your partner would have to leave Australia anyway as if you don't lodge paperwork for the 2nd stage her PR will be denied. You cannot stay in Australia indefinitely on an 820

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Old 06-05-2016, 10:24 PM
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Thanks everyone for their advice it is much appreciated.


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