Just applied for 801/820 Partner Visa - worried over some details

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Just applied for 801/820 Partner Visa - worried over some details


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Old 11-11-2013, 12:19 AM
Jam Jam is offline
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Just applied for 801/820 Partner Visa - worried over some details

Hi all,

My partner and I just applied for an 801/820 as a defacto couple. She's a Japanese national who has been living in Australia continuously for over 10 years as a student (finishing up her PhD) and I am an Australian citizen. We are also currently expecting our first child who is due in a couple of months (we are quite anxious to get her onto medicare). We've mailed off our application last Thursday. I've just discovered this forum after Googling about how long it takes to get the acknowledgement letter and after reading some threads I'm worried about some details of the application.

Regarding the supporting stat. decs. we got seven together from two members of her family, three members of mine, and two mutual acquaintances, one of whom has known us both since before we started our relationship over three years ago.

Only on the day we were about to mail it off did we discover the requirement that at least two of the stat. decs. needed to be done by citizens/residents and contain notarized proof of such, and at the same time we discovered that form 888s even existed (our fault for rushing). We had been working from the information provided on the immigration website which said that we needed stat. decs. - we missed the bit about proof of identity and only in the form40sp did we discover that form888 existed for this purpose. So we got proof of citizenship from my mother and cousin and proof of PR from her sister and included that with our application. We didn't bother asking them to re-do the declaration on a form888 since on that form it states:

"You may use this form, or alternatively, you may use the statutory declaration template, which is available on the Attorney-General's Department website at ..." - Which we read as meaning a stat. dec. is fine and the form888 is just a helpful template to make sure you give them the info they want.

We had had them complete Victorian stat. decs. which are equally legally binding in this state as Commonwealth ones and since we live in Vic and are making the application in Vic, we figured that would be fine. But since reading about some stories on this forum I'm a bit worried that the application might be considered invalid over some finicky difference between a state and a commonwealth stat. dec.

Does anyone have any experience with this sort of situation or have any helpful advice or comments?


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Old 11-11-2013, 12:33 AM
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Quote:
Originally Posted by Jam View Post
Hi all,

My partner and I just applied for an 801/820 as a defacto couple. She's a Japanese national who has been living in Australia continuously for over 10 years as a student (finishing up her PhD) and I am an Australian citizen. We are also currently expecting our first child who is due in a couple of months (we are quite anxious to get her onto medicare). We've mailed off our application last Thursday. I've just discovered this forum after Googling about how long it takes to get the acknowledgement letter and after reading some threads I'm worried about some details of the application.

Regarding the supporting stat. decs. we got seven together from two members of her family, three members of mine, and two mutual acquaintances, one of whom has known us both since before we started our relationship over three years ago.

Only on the day we were about to mail it off did we discover the requirement that at least two of the stat. decs. needed to be done by citizens/residents and contain notarized proof of such, and at the same time we discovered that form 888s even existed (our fault for rushing). We had been working from the information provided on the immigration website which said that we needed stat. decs. - we missed the bit about proof of identity and only in the form40sp did we discover that form888 existed for this purpose. So we got proof of citizenship from my mother and cousin and proof of PR from her sister and included that with our application. We didn't bother asking them to re-do the declaration on a form888 since on that form it states:

"You may use this form, or alternatively, you may use the statutory declaration template, which is available on the Attorney-General's Department website at ..." - Which we read as meaning a stat. dec. is fine and the form888 is just a helpful template to make sure you give them the info they want.

We had had them complete Victorian stat. decs. which are equally legally binding in this state as Commonwealth ones and since we live in Vic and are making the application in Vic, we figured that would be fine. But since reading about some stories on this forum I'm a bit worried that the application might be considered invalid over some finicky difference between a state and a commonwealth stat. dec.

Does anyone have any experience with this sort of situation or have any helpful advice or comments?
That's absolutely fine. They suggest you use Form 888 for that purpose, but it's not required for you to use that form. As long as they are certified statements and you've supplied certified evidence of their PR/citizenship, I wouldn't worry!

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Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 11-11-2013, 12:35 AM
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I would absolutely get your mother and your cousin at least to re-do their statutory declarations using the Commonwealth format. Whilst you are right in that stat decs are legally binding, DIBP specifically ask for 2 of either Form 888's or Commonwealth stat decs. As long as you have at least two of these, I think the others should be right to stay as state stat decs.


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Old 11-11-2013, 12:39 AM
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As College Girl says that is all good.

As for medicare, you only need to have applied for the 820/801 to qualify for medicare, it doesn't need to have been granted yet. Since she is pregnant now, she won't be able to do the medical x-ray yet without a waiver of the risk, which I wouldn't recommend, they will just have to delay the x-ray until after the birth of the baby, it is unusual to grant a visa in under 2 months anyway.

Kttykat




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Old 11-11-2013, 01:09 AM
Jam Jam is offline
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Phew, thanks guys, that let's me stress a bit less. We actually included the medical clearance she received a few months ago when she renewed her student visa. We found info from the Dept. that the clearance would be valid for 12 months.

The only thing that we did not include was a Japanese police check - she has been here for over 10 years and the forms stated that checks only needed to be supplied for countries she's resided in during the last 10 years - we submitted an AFP National Police Certificate of course.

I guess I'll wait till we get the letter of acknowledgement before worrying about whether or not I the application is valid - shouldn't be too much longer from what I understand - assuming it doesn't get lost in the mail that is.


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Old 11-13-2013, 12:08 AM
Jam Jam is offline
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It ended up being ok!
We received the 'Acknowledgement of a vaild application' today.

CollegeGirl and kirstyeric like this.


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