Subclass 300 into 820 question

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  • 2 Post By Skybluebrewer

Subclass 300 into 820 question


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Old 05-02-2017, 02:16 PM
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Join Date: Mar 2017
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Users Flag! From australia

Subclass 300 into 820 question

Hi Guys, I have looked for a few hours at other posts but can't find anything relevant to this so hopefully someone can help

I (the sponsor) have been in a relationship for about 6 years but due to my partner studying a PhD overseas we have only been able to live together for 6 months at a time. Due to this I think we will apply for a PMV for her to come to Australia.

My concern is this: she plans on finishing her PhD at the end of this year in December, but due to the nature of PhD's she may be forced to continue her study for 6 months or more after December. If we apply for the PMV and we get married in Australia (let's say early next year), what would happen if she were forced to go back overseas and continue study for a while? I know we have to apply for the 820 while she is still on the PMV, but she needs to be in Australia to apply for the 820 and, as far as I can tell, she needs to stay in Australia until it gets approved?

Does anyone know what we should do? Thank you so much.


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Old 05-02-2017, 08:44 PM
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Join Date: Aug 2015
Posts: 141
Users Flag! From australia

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The 300 has full travel rights. Once you have applied for 820 you are granted Bridging Visa A which comes into effect when the 300 expires. BVA has no travel rights but you can apply for BVB which does. She needs to be in Australia to apply for 820 and also when it is granted.

__________________
PMV Applied: 18th November 2015
Visa granted: 21st April 2016 (5 months and 3 days)

820/801 Applied: 30th November 2016
Further information requested: 06 January 2017
Further information submitted: 15 January 2017 (Sponsor Police check and 40SP)
Visa Granted: 5 April 2017 (4 months 5 days)

Eligible for 801: 30 November 2018
Form submitted: 30 November 2018
801 Visa Grant: 5 October 2019 (10 months 5 days)

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Old 05-02-2017, 10:53 PM
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Join Date: Jan 2016
Posts: 4,534
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I think the issue would arise if they don't grant a BVB for as long as she would need. I'm not sure the BVB process as I never went through it. If you've been in a relationship for that long, surely you could prove it and show that those times you weren't living together were only temporary and had good reason? Maybe talk to an RMA about what evidence you do have and see if you have a good case to apply de facto (309/100). Seems like it could work better for you especially since she's not exactly sure how much time she might need with school.

CollegeGirl and JandE like this.


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