Straight to 801 if in long-term relationship?

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  • 1 Post By bigtuna

Straight to 801 if in long-term relationship?


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Old 04-30-2019, 11:37 AM
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Straight to 801 if in long-term relationship?

Hey guys,

Me and my partner got granted our 820 visa last week, but we were under the impression that we would go straight to 801, since we've been together for more than 3 years (almost 7 to be exact).

It said on the website that..

"Applicants who have been in a long term relationship before they apply might not have to stay on the subclass 820 visa at all. We might grant you the permanent visa immediately after we grant the temporary subclass 820 visa."

So I know it says "might", which is very vague and silly, but what's the normal practice here? From what I can read on various blogposts by migration agents / lawyers is that it is almost always granted in this case.

And how do we go from this point? Should we just ship them an email with a heads up, do we need to get a lawyer involved or what do you reckon?

Thanks,
Jens

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Old 04-30-2019, 01:06 PM
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Did you supply sufficient evidence to prove your de facto/spousal relationship existed for 3+ years prior to the application date? If you did, then you can try contacting them and explaining the situation.


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Old 04-30-2019, 01:10 PM
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Originally Posted by Skybluebrewer View Post
Did you supply sufficient evidence to prove your de facto/spousal relationship existed for 3+ years prior to the application date? If you did, then you can try contacting them and explaining the situation.
I guess it depends on how they define sufficient.

We supplied them with everything we got since our relationship started in 2011. For the first 3 years we were not living together, but guess that's pretty normal in a relationship.


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Old 04-30-2019, 10:43 PM
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If you've provided evidence of being in a de facto/married relationship at least 3 years, I would politely contact them to inquire if you should be receiving the 801 visa now as well. They have to issue the 820 first, and usually the 801 would follow immediately after, but sometimes they need a nudge.

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Old 04-30-2019, 11:06 PM
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In cases where a couple is clearly in a long-term relationship, I always include a submission requesting the grant of both the permanent and the temporary visa. So far they have always been granted one after the other.

If you think you have a strong case, it may be worth following it up.

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Old 04-30-2019, 11:46 PM
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Quote:
Originally Posted by bigtuna View Post
I guess it depends on how they define sufficient.

We supplied them with everything we got since our relationship started in 2011. For the first 3 years we were not living together, but guess that's pretty normal in a relationship.
I feel that living together is more normal for a relationship, in regards to the immigration definition. That first 3 years might be in question, depending how you worded your application.

Dating etc, which is the common period before the relationship begins when you do live apart, is not counted for the relationship timeframe.

At the time you lodged the 820 you must have been in relationship for at least 3 years (or 2 years with child).
To determine the nature of the relationship, one of the things that is looked at is: The length of time the parties have lived together.

It is sometimes possible to count that period not together, if you have sufficient evidence to show the relationship was substantially the same as married couples.

If your evidence shows that dating began in 2011, but 3 years not together, then your long term relationship might be counted from 2014. Depending on how they view your evidences.

When did you lodge the 820? And what was the date of proof of the committed relationship, and/or began living together.


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Old 05-01-2019, 01:24 PM
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Quote:
Originally Posted by Skybluebrewer View Post
Did you supply sufficient evidence to prove your de facto/spousal relationship existed for 3+ years prior to the application date? If you did, then you can try contacting them and explaining the situation.
Quote:
Originally Posted by JandE View Post
I feel that living together is more normal for a relationship, in regards to the immigration definition. That first 3 years might be in question, depending how you worded your application.

Dating etc, which is the common period before the relationship begins when you do live apart, is not counted for the relationship timeframe.

At the time you lodged the 820 you must have been in relationship for at least 3 years (or 2 years with child).
To determine the nature of the relationship, one of the things that is looked at is: The length of time the parties have lived together.

It is sometimes possible to count that period not together, if you have sufficient evidence to show the relationship was substantially the same as married couples.

If your evidence shows that dating began in 2011, but 3 years not together, then your long term relationship might be counted from 2014. Depending on how they view your evidences.

When did you lodge the 820? And what was the date of proof of the committed relationship, and/or began living together.
Fair enough regarding the part about dating.

We moved in together August 2014. Then moved to Australia together until 2016 (I was on working holiday visa). When my visa expired, we went traveling for a year (supplied all documents with flights, accommodation etc.). Then moved back to Australia until we lodged our 820 in April 2018. So all up we've been living together (including travels) for 3 years and 8 months.


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