Pathway to 820/801: Student Visa->820/801 OR Student Visa->485->820/801

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Pathway to 820/801: Student Visa->820/801 OR Student Visa->485->820/801


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Old 10-02-2018, 02:26 AM
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Pathway to 820/801: Student Visa->820/801 OR Student Visa->485->820/801

First off this forum has been a great resource as my partner and I do some pre-reading and prepare to lay the groundwork to live and work in Australia permanently.

We have two main pathways ahead of us that we can see, and would really value any and all thoughts / any other pathways we might have missed!

Context:

-PrettyIsotonic is the potential sponsor and onshore.
-Current visa is a 485 (post-study stream) - expiring mid-March 2019.
-Awaiting decision for 190 (state sponsored) - lodged on 21 August 2018. Bridging Visa A inactive. Expected final decision (permanent residency grant) between December 2018 and June 2019 based on DHA global processing times.
-Came to Australia in February 2015 on a student visa that expired (was replaced by the 485) in March 2017.

-Applicant came to Australia in August 2017 on a student visa that is due to expire in March 2020 (expected graduation December 2019).

My partner and I met in January 2018, and our relationship has gradually deepened over the past few months.

We are moving in with each other early October 2018 (both names on lease), and have a joint bank account to which we make regular deposits.

We have ad-hoc evidence we are gathering to fulfill the various criteria of a genuine and ongoing relationship. We intend to slowly develop this body of evidence over the coming weeks / months.

As soon as a decision is made on my 190 visa which will grant me (the sponsor) permanent residency, we also intend to register our relationship.

Pathway 1

-Cohabitation begins early October 2018.
-Relationship registered between December 2018 and June 2019 (after potential sponsors 190 visa decision for permanent residency is finalised).
-Applicant graduates in 2019 (student visa expires March 2020).
-Applicant applies for a 485 visa which would expire around March 2022.
-We apply for a 820/801 visa immediately after 485 visa grant for applicant.

Thoughts we have here:
-Predictable/guaranteed work rights and ability to travel freely till at least March 2022.
-Potential PR for applicant only in 2024 (2+2 years from 485 grant in early 2020).
-Risk of changes to 485 visa (e.g. currently only those who applied for a student visa on or after 5 November 2011 are eligible - what about future changes?).

Pathway 2

-Cohabitation begins early October 2018.
-Relationship registered between December 2018 and June 2019 (after potential sponsors 190 visa decision for permanent residency is finalised).
-We apply for a 820/801 visa immediately after potential sponsor gets permanent residency via 190 visa.

Thoughts we have here:
-Unsure of student visa to 820/801 visa process and transition; don't want to jeopardise degree attainment. We understand 820 has full working and study rights though.
-Likelihood of Bridging Visa A becoming active for applicant after graduation is high given 820 processing times; potentially harder to enter the job market.
-Potential PR for applicant earlier: e.g. by 2022 (2+2 years from grant of 190 visa for permanent residency for sponsor).

--

Thanks for reading team


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