820 to 801 if overseas

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820 to 801 if overseas


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Old Yesterday, 10:04 PM
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820 to 801 if overseas

Hi, wondering if anyone can help answer this or recommend an agent who can provide a short consultation for some advice. I’m an Australian citizen and my now wife came over on a PMV300, we married in March 2019. She has been granted an 820 visa in May 2019. As I understand it my plan was to continue submitting evidence and after 2 years she would be eligible for an 801 permanent visa. The problem I have now is I have taken up a 3 year contract overseas and she will be living with me overseas. Our intention is to return to Australia after the contract is over. Does this mean there is no chance of obtaining an 801 because we overseas. Would I then have to reapply for an offshore spouse visa instead and start the process from scratch ? Any help or direction would be greatly appreciated.


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Old Yesterday, 11:15 PM
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Quote:
Originally Posted by mattb View Post
Hi, wondering if anyone can help answer this or recommend an agent who can provide a short consultation for some advice. Iím an Australian citizen and my now wife came over on a PMV300, we married in March 2019. She has been granted an 820 visa in May 2019. As I understand it my plan was to continue submitting evidence and after 2 years she would be eligible for an 801 permanent visa. The problem I have now is I have taken up a 3 year contract overseas and she will be living with me overseas. Our intention is to return to Australia after the contract is over. Does this mean there is no chance of obtaining an 801 because we overseas. Would I then have to reapply for an offshore spouse visa instead and start the process from scratch ? Any help or direction would be greatly appreciated.
The rules do say "You can be in or outside Australia when we decide on your permanent Partner visa."

I am pretty sure I have seen others that have been granted the 801 while outside.

I'd suggest you make sure you explain why you are overseas.
From two years after the 820 application date, you can do the 801, and ensure you continue updating with things after that proving you are still together even overseas. Probable every month or two.

When did you apply for the 820? Curious to know how long it took, it seems it took under 2 months?.

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Old Today, 12:14 AM
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Hi, thanks for the info. That sounds promising. Sorry the timeline is incorrect. PMV granted in November , married in April, 820 applied in May, Bridging Visa A granted in May, 820 granted in August. So it was 3 months from applying for 820 until Grant.


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