partner permanent visa (801 visa) waiting group!!! - Page 112

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partner permanent visa (801 visa) waiting group!!! - Page 112


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  #1111 (permalink)  
Old 04-10-2015, 07:45 AM
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Quote:
Originally Posted by GadoGadoGal View Post
From the Partner Migration Booklet 1127, page 37:
Thank you so much for the answer and all the best!

Anna


  #1112 (permalink)  
Old 04-10-2015, 07:54 AM
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Quote:
Originally Posted by Pianolover1971 View Post
Hi, everyone,

I got my partner visa 820 in Australia, 9 months later, my partner and I moved to England and we have been living in the UK for more than a year. I lodged my 801 application online on the 9th Jan. this year. We have planned to go back to Australia this year.

What do you think my circumstances in terms of being granted a 801 visa?

Thanks.

Cheers

Anna
There's no problem being out of Australia when it's granted. However, if you are living outside Australia and have no immediate plans to return, Mark Northam has said in his Ask Mark thread that that can be problematic. They want to grant PR to people actually intending to live in Australia. Hopefully you've at least provided concrete evidence of your intention to move back to Australia in your 801 documents.

__________________
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.

  #1113 (permalink)  
Old 04-10-2015, 09:49 AM
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Quote:
Originally Posted by Pianolover1971 View Post
Hi, everyone,

I got my partner visa 820 in Australia, 9 months later, my partner and I moved to England and we have been living in the UK for more than a year. I lodged my 801 application online on the 9th Jan. this year. We have planned to go back to Australia this year.

What do you think my circumstances in terms of being granted a 801 visa?

Thanks.

Cheers

Anna
According to migration law, there's a condition in 801.221 subclause 5, part (d) which states

(5) An applicant meets the requirements of this subclause if the applicant:

(a) is the holder of a Subclass 820 visa; and

(b) would meet the requirements of subclause (2) or (2A) except that the sponsoring partner has died; and

(c) satisfies the Minister that the applicant would have continued to be the spouse or de facto partner of the sponsoring partner if the sponsoring partner had not died; and

(d) has developed close business, cultural or personal ties in Australia.

For most applicants, this is usually a given in their relationship evidence.

I think for you, your relationship evidence needs to include evidence that you've developed (not just intending to develop) close business, cultural or personal ties IN Australia and not just in UK. While intentions to move here are important, it is also important and perhaps more so, to show you've developed such close ties. This can be done in your stat dec and of course including Australia contextual information in your evidence. LIke, Australia bills, past Australia addresses, Australia accounts... etc

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Old 04-10-2015, 09:51 AM
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The section you quote only applies where the sponsoring partner has died.

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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

  #1115 (permalink)  
Old 04-10-2015, 10:01 AM
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Quote:
Originally Posted by CCMS View Post
The section you quote only applies where the sponsoring partner has died.
Ops it that so?

While that section provides for those whose sponsoring partner has died, I think that entire section needs to be fulfilled by all applicants, including those whose sponsor partner have not died. The early clause (1) states that

(1) The applicant meets the requirements of subclause (2), (2A), (3), (4), (5), (6) or (8).


  #1116 (permalink)  
Old 04-10-2015, 10:13 AM
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It is not that easy to interpret the migration regulations correctly.

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__________________
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Registered Migration Agent 0640648

Please do not send Private Messages.
For any inquiries, please visit our website: AUSVISA or download OUR APP from the Apple Store or Google Play

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

  #1117 (permalink)  
Old 04-10-2015, 10:19 AM
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I think the interpreting of the immigration law should be left to the experts.

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  #1118 (permalink)  
Old 04-10-2015, 11:17 AM
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hi Mish, we are filling app for Permanent visa. theres this question, travel history since the grant of temporary visa..my wife traveled to Australia..we can write the date she traveled to Aus but the form has traveled DATE FROM… and DATE TO…..! i m confused what to write in the other one..as she didn't travel anywhere else..she was in Port vila when her temporary visa was granted and the next day she traveled to Aus.please advise.thanks

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Last edited by Confused2; 04-10-2015 at 11:22 AM.

  #1119 (permalink)  
Old 04-10-2015, 11:40 AM
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I personally would put when she travelled to Australia but you can check with Mark. They are more after what international travel they have done to determine if any new police checks are required from overseas.

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  #1120 (permalink)  
Old 04-10-2015, 11:46 AM
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thank you.the confusing thing is she traveled to vanuatu cus she had to be offshore while her 309 was granted.and then she came back next day to Australia..didnt travel anywhere after tht..now this qs is DATE FROM.and DATE TO…the first one we can write the date she traveled to Aus but the second one i don't know what to write and can't leave it blank as error comes that way.


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