Does an 820 become an 801? Does BVB = delayed 801 processing (temporary hold )

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Does an 820 become an 801? Does BVB = delayed 801 processing (temporary hold )


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Old 04-27-2019, 10:25 AM
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Does an 820 become an 801? Does BVB = delayed 801 processing (temporary hold )

Hello,

thanks for your time / help!

My partner and I are almost exactly 1 year deep into our 820 application.
We had the message about medical forms around 6 or 7 months ago and did them about 4 or 5 months ago, with tests etc.

She has left the country multiple times since being here to see family, in the US and Philippines / vacations. Meaning there's at least 4 BVB applications on the account.

I am unsure if her US citizenship means there's some kind of faster tracking (lower risk) but I'm curious if being in a BVB 'status' means that she gets dropped lower on the pile?
We have frequently stipulated longer duration's than required for the BVB as we'e been told it covers issues if we get stuck somewhere.


Furthermore, we're unsure if at the end of the 820, she's just got an 801 as default and she's got PR or if something else needs to be done?


Finally, the wording on the Immi website is baffling:
"Applicants who are granted the temporary visa, will be eligible for consideration for permanent residence, 2 years from the date this application was submitted"

Yet below this it says processing time can be "21 months" just below that for the 820? Which is less than 2 years. Furthermore a stat somewhere else, makes it clear that up to 75% of applicants are processed within 21 months? Which is a fairly reasonable amount.

That wording makes it seem like an 801 isn't automatically applied to the applicant?

Thanks any and all for your time.


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Old 04-27-2019, 01:24 PM
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Quote:
Originally Posted by GoshGollyGee View Post
Hello,

thanks for your time / help!

My partner and I are almost exactly 1 year deep into our 820 application.
We had the message about medical forms around 6 or 7 months ago and did them about 4 or 5 months ago, with tests etc.

She has left the country multiple times since being here to see family, in the US and Philippines / vacations. Meaning there's at least 4 BVB applications on the account.

I am unsure if her US citizenship means there's some kind of faster tracking (lower risk) but I'm curious if being in a BVB 'status' means that she gets dropped lower on the pile?
We have frequently stipulated longer duration's than required for the BVB as we'e been told it covers issues if we get stuck somewhere.


Furthermore, we're unsure if at the end of the 820, she's just got an 801 as default and she's got PR or if something else needs to be done?


Finally, the wording on the Immi website is baffling:
"Applicants who are granted the temporary visa, will be eligible for consideration for permanent residence, 2 years from the date this application was submitted"

Yet below this it says processing time can be "21 months" just below that for the 820? Which is less than 2 years. Furthermore a stat somewhere else, makes it clear that up to 75% of applicants are processed within 21 months? Which is a fairly reasonable amount.

That wording makes it seem like an 801 isn't automatically applied to the applicant?

Thanks any and all for your time.
The 2 years part means you can apply for the 801 at a point 2 years after you submitted the 820 application.

The 21 months part means that the 801 might take around 21 months, from the date 2 years after you submitted the 820 application.
(Currently 75% of the 801's are processed in under 20 months from the 801 eligibility date.)

If you submitted the 820 in April 2018, then you can submit the 801 documents in April 2020. (ie: after 2 years)
Many recent 801's have been granted around 8 to 14 months after that date, (ie: maybe around April 2021 for you) although some do take longer, or even shorter.

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Old 04-27-2019, 01:36 PM
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Ok wow, we haven't done our homework!

In the time we've been waiting for the 820 to finalise we have gotten engaged, does this help any?

It sounds like a very long wait.

She wants to go back to the USA for family and work for a period of time, possibly even a few years before settling here. I have said this is very bad timing due to the visa we have. (It looks like it would take me quite a while to get a k1 to work and marry there)

She may end up just going back for a month or two, which is within the bvb duration and would be fine, but I imagine an 820 or 801 would be unlikely to be handed out if we're both working in the states at some point.


Can I ask, what visa is she on when the 820 runs out? Or, does it never run out? You just need to pay attention and apply for the 801 as soon as the 2 years is up?


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Old 04-27-2019, 07:01 PM
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Once she's on the 820, she'll remain on that one until a decision is made on the 801. Everyone automatically enters the queue to be processed when they reach Stage 2 eligibility, so the decision will come regardless of whether you submit the required docs or not. No docs could mean refusal, so it's in your best interest to make sure you do your part and get it in when it's time! Can be done up to one month prior to eligibility (which is two years after the combined 820/801 application date), and immigration may send out a reminder email, though getting that email is not a requirement to be able to submit the documents (just a reminder).

The 820 has no travel restrictions, and the 801 can be granted while she's anywhere in the world.


Last edited by Skybluebrewer; 04-28-2019 at 07:16 AM.

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Old 04-28-2019, 02:35 AM
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To add to what Sky stated, in order to have the 820 granted, she has to be here in Australia. If she is outside of Australia and they refuse the 820, then I don't think she can then go to tribunal to refute the decision. So that's definitely something to keep in mind. The point of doing the 820 is so that you can live with your partner in Australia while the partner visa is being processed. If it were me, I'd be staying put from here on out until the visa is approved.

As for the 801, as Sky stated, you are eligible to upload your evidence for it 2 years after you've applied for the 820. They don't always send an email to remind you when to apply for it, so it's important that you remember to do the 801 application and upload your evidence. Also, once you apply for the 801, you can be anywhere when they make a decision; but the same thing applies...I don't know if you can go to tribunal if you are not in Australia should you get a refusal. As for being engaged, that is more evidence that your relationship is continuing and ongoing. My husband and I got engaged and then after the 820 was granted, we got married. It was more evidence that we are in a continuing, ongoing relationship. If I were a CO, seeing so many BVBs might make me suspicious, because as I stated before, the whole point of the 820 is to be onshore with your partner while you wait for the decision. Have you been travelling with her? If so, then not as big of a deal. It's not a deal breaker, but in my eyes, it would make me stop and look harder at the application due to all of the fraud that's occurred with partner visas. But, I'm not an immigration officer; so I'm not sure if having that many BVBs will be harmful or not matter at all.

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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)
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Old 04-28-2019, 02:35 AM
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To add to what Sky stated, in order to have the 820 granted, she has to be here in Australia. If she is outside of Australia and they refuse the 820, then I don't think she can then go to tribunal to refute the decision. So that's definitely something to keep in mind. The point of doing the 820 is so that you can live with your partner in Australia while the partner visa is being processed. If it were me, I'd be staying put from here on out until the visa is approved.

As for the 801, as Sky stated, you are eligible to upload your evidence for it 2 years after you've applied for the 820. They don't always send an email to remind you when to apply for it, so it's important that you remember to do the 801 application and upload your evidence. Also, once you apply for the 801, you can be anywhere when they make a decision; but the same thing applies...I don't know if you can go to tribunal if you are not in Australia should you get a refusal. As for being engaged, that is more evidence that your relationship is continuing and ongoing. My husband and I got engaged and then after the 820 was granted, we got married. It was more evidence that we are in a continuing, ongoing relationship. If I were a CO, seeing so many BVBs might make me suspicious, because as I stated before, the whole point of the 820 is to be onshore with your partner while you wait for the decision. Have you been travelling with her? If so, then not as big of a deal. It's not a deal breaker, but in my eyes, it would make me stop and look harder at the application due to all of the fraud that's occurred with partner visas. But, I'm not an immigration officer; so I'm not sure if having that many BVBs will be harmful or not matter at all.

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Old 04-28-2019, 09:38 AM
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Quote:
Originally Posted by LadyRogueRayne View Post
To add to what Sky stated, in order to have the 820 granted, she has to be here in Australia. If she is outside of Australia and they refuse the 820, then I don't think she can then go to tribunal to refute the decision. So that's definitely something to keep in mind. The point of doing the 820 is so that you can live with your partner in Australia while the partner visa is being processed. If it were me, I'd be staying put from here on out until the visa is approved.
I agree with your line of thinking and I get what it's for, thanks for the reply.
So essentially she's just outright got to be on soil here in Aus yeah, no exceptions?

Do you think that the BVBs for her to go overseas on holiday (including possibly like a 3 month one shortly....) are potentially delaying the issue of the 820 in the first place?
(Never mind you address this next paragraph)



Quote:
Originally Posted by LadyRogueRayne View Post
As for the 801, as Sky stated, you are eligible to upload your evidence for it 2 years after you've applied for the 820.
[

What kind of evidence is this? Maybe we shot the gun early?
We have already uploaded several documents signed by justice of peace or some such from friends endorsing us, there's a heap of photos of us together.


Quote:
Originally Posted by LadyRogueRayne View Post
They don't always send an email to remind you when to apply for it, so it's important that you remember to do the 801 application and upload your evidence. Also, once you apply for the 801, you can be anywhere when they make a decision; but the same thing applies...I don't know if you can go to tribunal if you are not in Australia should you get a refusal. As for being engaged, that is more evidence that your relationship is continuing and ongoing. My husband and I got engaged and then after the 820 was granted, we got married. It was more evidence that we are in a continuing, ongoing relationship. If I were a CO, seeing so many BVBs might make me suspicious, because as I stated before, the whole point of the 820 is to be onshore with your partner while you wait for the decision. Have you been travelling with her? If so, then not as big of a deal. It's not a deal breaker, but in my eyes, it would make me stop and look harder at the application due to all of the fraud that's occurred with partner visas. But, I'm not an immigration officer; so I'm not sure if having that many BVBs will be harmful or not matter at all.
Thanks for this paragraph, so should we let them know we're engaged, before the 820 comes? or should we actually consider getting married asap and what are the ramifications for this? I see there's a much cheaper, $1000 or so marriage visa, however presumably it's an entirely different process and resetting things? (could her ability to work be diminished by applying for this?)


Would it be wise at all to upload a batch of new photos of us, her family together etc in the last ... 12 months? 10 months or so since the last batch we uploaded?

Thanks so much.


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Old 04-28-2019, 10:20 AM
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Originally Posted by GoshGollyGee View Post
I agree with your line of thinking and I get what it's for, thanks for the reply.
So essentially she's just outright got to be on soil here in Aus yeah, no exceptions?

Do you think that the BVBs for her to go overseas on holiday (including possibly like a 3 month one shortly....) are potentially delaying the issue of the 820 in the first place?
(Never mind you address this next paragraph)


What kind of evidence is this? Maybe we shot the gun early?
We have already uploaded several documents signed by justice of peace or some such from friends endorsing us, there's a heap of photos of us together.

Thanks for this paragraph, so should we let them know we're engaged, before the 820 comes? or should we actually consider getting married asap and what are the ramifications for this? I see there's a much cheaper, $1000 or so marriage visa, however presumably it's an entirely different process and resetting things? (could her ability to work be diminished by applying for this?)

Would it be wise at all to upload a batch of new photos of us, her family together etc in the last ... 12 months? 10 months or so since the last batch we uploaded?

Thanks so much.
No, you haven't done anything wrong in providing evidence for your 820. You have to provide enough to show that you are in a genuine, continuing relationship. No, you don't need to rush to get married. You can let them know you've gotten engaged (engagement party pictures, announcements, etc.) as it's good evidence. We were granted the 820, then got married after. As for the PMV (marriage visa), you've already applied for the 820, so no, I wouldn't do that. With the PMV, you have to apply for that (paying the extra fee) and then apply for the 820 after marriage anyway. So, really, that would be silly to do and you'd pay MORE than just applying for the 820. Yes, she has to be onshore for them to grant the 820, no exceptions...so in essence, being offshore could delay the grant. They are usually pretty good about emailing you to let you know to be onshore so they can grant the visa; however, they don't have to do this and don't always...so that is something to be aware of.

When it's time to do the 801, you will have to supply all new evidences from the time you receive the 820 grant to the time of applying for the 801. So, you haven't jumped any gun or anything like that. Just trying to provide you some insight as to what you will have to do for the 2nd stage of the partner visa.

I have uploaded new evidences every 2-3 months, photos from family/holiday dinners, concert tickets, new utility bills and bank statements...just to show that we're ongoing and genuine. You don't want to inundate them; but at the same time, you want to make sure it's clear you are in a genuine, ongoing relationship. So really, it's up to you.

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CO contact: 26 Apr 19 (call & email/son's State PC)
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Old 04-30-2019, 11:15 AM
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Originally Posted by LadyRogueRayne View Post
No, you haven't done anything wrong in providing evidence for your 820. You have to provide enough to show that you are in a genuine, continuing relationship. No, you don't need to rush to get married. You can let them know you've gotten engaged (engagement party pictures, announcements, etc.) as it's good evidence. We were granted the 820, then got married after. As for the PMV (marriage visa), you've already applied for the 820, so no, I wouldn't do that. With the PMV, you have to apply for that (paying the extra fee) and then apply for the 820 after marriage anyway. So, really, that would be silly to do and you'd pay MORE than just applying for the 820. Yes, she has to be onshore for them to grant the 820, no exceptions...so in essence, being offshore could delay the grant. They are usually pretty good about emailing you to let you know to be onshore so they can grant the visa; however, they don't have to do this and don't always...so that is something to be aware of.

When it's time to do the 801, you will have to supply all new evidences from the time you receive the 820 grant to the time of applying for the 801. So, you haven't jumped any gun or anything like that. Just trying to provide you some insight as to what you will have to do for the 2nd stage of the partner visa.

I have uploaded new evidences every 2-3 months, photos from family/holiday dinners, concert tickets, new utility bills and bank statements...just to show that we're ongoing and genuine. You don't want to inundate them; but at the same time, you want to make sure it's clear you are in a genuine, ongoing relationship. So really, it's up to you.
Thank you,

I will upload a few more pics - just to show engagement, couple of holidays etc.

If she's on a BVB and overseas for a month or two, visiting family - they can't (won't?) approve the 820, right? Based on your post, it's impossible to be granted the 820? I take it the immigration person, looks at the current status of the person before approving the 820, so it can't be granted to someone who is not on shore?

I'm just a teeny bit probably wrongfully paranoid, that if she goes for a month or two to see family, they approve it and she's offshore at the time, it could mess stuff up, surely it's simply not possible?


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Old 04-30-2019, 01:04 PM
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Originally Posted by GoshGollyGee View Post
Thank you,

I will upload a few more pics - just to show engagement, couple of holidays etc.

If she's on a BVB and overseas for a month or two, visiting family - they can't (won't?) approve the 820, right? Based on your post, it's impossible to be granted the 820? I take it the immigration person, looks at the current status of the person before approving the 820, so it can't be granted to someone who is not on shore?

I'm just a teeny bit probably wrongfully paranoid, that if she goes for a month or two to see family, they approve it and she's offshore at the time, it could mess stuff up, surely it's simply not possible?
The 820 will not be granted while she is offshore. They'll either wait for her to return knowing that she has a short BVB, or they'll contact her requesting her to return for finalization.

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