Permanent Partner Visa (Subclass 801) Waiting Group - Page 271

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Permanent Partner Visa (Subclass 801) Waiting Group - Page 271


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  #2701 (permalink)  
Old 12-14-2018, 08:12 PM
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Originally Posted by Notyetaussie View Post
Hi I applied for partner visa in 2013 and was granted first stage 820 in 2014.

Got my second stage visa 801 refused in 2016 and I applied for review within the time frame.

We were invited for a hearing in November 2017. We attended the AAT hearing and since then there is no reply from them. We emailed AAT soo many time but all the say is its still under process.

However my question is I don’t know why I was given a Bridging Visa E soon after they refused my 801 is there any way to change this because I want to travel to my country for 1 month.

Also if someone can shed some light on how AAT process works and why are they taking so much time when the hearing was done 1 year ago?

This has been a very stressful and mentally exhausting journey, they have no remorse whatsoever I pray they become humans again
What were the reasons for refusal?


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  #2702 (permalink)  
Old 12-15-2018, 03:48 AM
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Originally Posted by Pominauz View Post
Quote:
Originally Posted by Notyetaussie View Post
Hi I applied for partner visa in 2013 and was granted first stage 820 in 2014.

Got my second stage visa 801 refused in 2016 and I applied for review within the time frame.

We were invited for a hearing in November 2017. We attended the AAT hearing and since then there is no reply from them. We emailed AAT soo many time but all the say is its still under process.

However my question is I don’t know why I was given a Bridging Visa E soon after they refused my 801 is there any way to change this because I want to travel to my country for 1 month.

Also if someone can shed some light on how AAT process works and why are they taking so much time when the hearing was done 1 year ago?

This has been a very stressful and mentally exhausting journey, they have no remorse whatsoever I pray they become humans again
What were the reasons for refusal?

They sent immigration officers back in my home country to interview my parents and neighbors. My parents properly answered all the questions but my neighbors didn’t.

My wife never went there and my parents usually visit us here in Australia. During the AAT hearing my parents were also here to provide evidence.


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  #2703 (permalink)  
Old 12-15-2018, 03:55 AM
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Originally Posted by Notyetaussie View Post
They sent immigration officers back in my home country to interview my parents and neighbors. My parents properly answered all the questions but my neighbors didnít.

My wife never went there and my parents usually visit us here in Australia. During the AAT hearing my parents were also here to provide evidence.
It sounds like the AAT might still be investigating, that is the only reason why they would not have sent it back to immigration to continue processing. Unfortunately, all you can do is wait.

Am I right in assuming you are from India? I have heard the same story a few times about Indians being refused because the neighbours don't know about the spouse. From what I have heard it is due to the culture in India where if a child marries then the neighbours and neighbour will know about it.

Were you illegal at any point after the 820 visa got cancelled? Usually they will cancel the 820 visa and then grant the BVA for 28 days (or sometimes 60).

Unfortunately, while you are holding BVE you cannot change it to another bridging visa and if you leave Australia you will not be able to come back in unless you get another visa.


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  #2704 (permalink)  
Old 12-15-2018, 08:46 AM
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Originally Posted by Mish View Post
Quote:
Originally Posted by Notyetaussie View Post
They sent immigration officers back in my home country to interview my parents and neighbors. My parents properly answered all the questions but my neighbors didn’t.

My wife never went there and my parents usually visit us here in Australia. During the AAT hearing my parents were also here to provide evidence.
It sounds like the AAT might still be investigating, that is the only reason why they would not have sent it back to immigration to continue processing. Unfortunately, all you can do is wait.

Am I right in assuming you are from India? I have heard the same story a few times about Indians being refused because the neighbours don't know about the spouse. From what I have heard it is due to the culture in India where if a child marries then the neighbours and neighbour will know about it.

Were you illegal at any point after the 820 visa got cancelled? Usually they will cancel the 820 visa and then grant the BVA for 28 days (or sometimes 60).

Unfortunately, while you are holding BVE you cannot change it to another bridging visa and if you leave Australia you will not be able to come back in unless you get another visa.
No I wasn’t illegal when I applied but I was on bridging visa E back then. I provided them evidence that weighted almost 3kgs of paperwork. Everything you can possibly imagine plus my parents were at the hearing. When I called Immigration couple of weeks ago the person that I was talking to was also confused as to why I was granted a BVE rather then BVA


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  #2705 (permalink)  
Old 12-15-2018, 11:45 PM
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Originally Posted by Notyetaussie View Post
No I wasnít illegal when I applied but I was on bridging visa E back then. I provided them evidence that weighted almost 3kgs of paperwork. Everything you can possibly imagine plus my parents were at the hearing. When I called Immigration couple of weeks ago the person that I was talking to was also confused as to why I was granted a BVE rather then BVA
The only reason I can see for them granting a BVE would have been if the 801 got refused, they then granted a BVA and then the BVA expired before you lodged the AAT paperwork so they then granted a BVE.

Hopefully you will get a decision soon on what is happening with it. It is hard to be on a BVE as if there is a family emergency you cannot leave, if you do you would need to apply for a new visa offshore.


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  #2706 (permalink)  
Old 12-16-2018, 04:59 AM
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Originally Posted by Mish View Post
Quote:
Originally Posted by Notyetaussie View Post
No I wasn’t illegal when I applied but I was on bridging visa E back then. I provided them evidence that weighted almost 3kgs of paperwork. Everything you can possibly imagine plus my parents were at the hearing. When I called Immigration couple of weeks ago the person that I was talking to was also confused as to why I was granted a BVE rather then BVA
The only reason I can see for them granting a BVE would have been if the 801 got refused, they then granted a BVA and then the BVA expired before you lodged the AAT paperwork so they then granted a BVE.

Hopefully you will get a decision soon on what is happening with it. It is hard to be on a BVE as if there is a family emergency you cannot leave, if you do you would need to apply for a new visa offshore.
Thanks Mish

I applied for AAT within 1 weeks when my visa got refused.

I live in Sydney and now I am thinking of going to immigration resolution centre tomorrow and will try to resolve the issue.

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  #2707 (permalink)  
Old 12-16-2018, 06:16 AM
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Originally Posted by Notyetaussie View Post
Thanks Mish

I applied for AAT within 1 weeks when my visa got refused.

I live in Sydney and now I am thinking of going to immigration resolution centre tomorrow and will try to resolve the issue.
That is a good idea! That way you will know why you have a BVE instead of a BVA.

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  #2708 (permalink)  
Old 12-16-2018, 10:56 AM
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Quote:
Originally Posted by Mish View Post
That is a good idea! That way you will know why you have a BVE instead of a BVA.
Maybe you're on a BVE because you stated you were on a BVE before when you applied for the 820. So they put you back on a BVE due to that? I don't know. I'd think because you were granted the 820, you should have gone to a BVA. That's really weird. I hope you can get some answers soon!

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Applied for 820: 5 Oct 16
Submitted FBI Checks: 27 Jan 17
Submitted Medicals: 12 Apr 17
CO contact: 18 Apr 2017 Request AFP checks & Form 80
Submitted Requested Docs: 1 May 17
820 Visa Grant: 4 May 17
Applied for 801: 8 Sept 18
CO contact: 26 Apr 19 (call & email/son's State PC)
801 Visa Grant: 13 Sep 2019

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  #2709 (permalink)  
Old 12-17-2018, 08:32 PM
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I submitted my 801 yesterday - feels like such a relief even though I know I'm in for a long wait from now on
I'm a bit annoyed at myself though. After all this hard work, I fell into the pitfall of uploading my document into the "other" category - it was the only option that showed in the drop-down menu once I submitted my application (might be a technical bug in the page). I had all the documents ready to go and clearly labelled so I thought "oh well, this is how it works this time around" and uploaded everything to "Other" in one go - only to realise that when I later logged back into my application, all the additional categories suddenly appeared. Anyone about to apply - be aware of this.

I have a lot of uploads left - I was thinking of maybe re-adding some key documents that fit the clear upload categories (e.g. Form's 888, police checks etc). Could that be helpful to the CO or just annoying with the duplication?

So annoyed at myself for getting this wrong - I hope this will not affect the processing time too much

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Visa: Offshore partne visa 309 (applied as spouse)
Nationality: Swedish
Applied for 309: Nov 2016
309 visa granted: March 2018
Eligible from 2nd stage: Nov 2018
Applied for 2nd stage: 17 Dec 2018


Last edited by SwedeInNYC; 12-17-2018 at 10:38 PM.

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  #2710 (permalink)  
Old 12-18-2018, 01:07 AM
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Update;

Current processing time quoted at 19-26 months in my application. Noticed it has just changed today. It should be shown in Immi website soon.



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