Living and Working in Australia Forum With Immigration and Travel Information

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-   -   820 Temporary Onshore - Waiting Room! (https://www.australiaforum.com/visas-immigration/38930-820-temporary-onshore-waiting-room.html)

Mish 02-19-2015 12:01 AM

Quote:

Originally Posted by Akragth (Post 783001)
Maybe, but we were assured that by applying on the day, in person, we'd be considered as it being exactly 12 months. That came from one of the immi call center folks, so I don't know if that's just that what she said isn't what the CO thinks, or what. If that's the problem then, well, there's nothing we can do about that. It's semantics. I'd appeal the hell out of it.

Immigration call staff just offer general advice that is it. The case officer's on the other hand look at the evidence and follow the law as well.

Though I must say I did have in the back of my head yesterday if immigration would see 1 Jan to 31 Dec as being one day short or not.

Quote:

Originally Posted by Akragth (Post 783001)
Yea, we're going to go that way. I don't know whether it'll work, the woman I spoke to in the immigration call center said it wouldn't, but it's worth a shot.

Immigration call centre staff aren't know for giving the best advice. They are trained to follow scripts only and provide general advice. It would be like ringing the ATO and asking a call centre staff if you can claim xyz on your tax return.

Akragth 02-19-2015 01:30 AM

Quote:

Originally Posted by Mish (Post 783129)
Immigration call staff just offer general advice that is it. The case officer's on the other hand look at the evidence and follow the law as well.

Though I must say I did have in the back of my head yesterday if immigration would see 1 Jan to 31 Dec as being one day short or not.

True enough. But ours was 26th Nov 2012 to 26th Nov 2013. That's 12 months to my mind.

Quote:

Immigration call centre staff aren't know for giving the best advice. They are trained to follow scripts only and provide general advice. It would be like ringing the ATO and asking a call centre staff if you can claim xyz on your tax return.
Touche. And that's why we're trying it anyway :)

kizzy_1 02-19-2015 02:34 AM

[QUOTE=Akragth;783225]True enough. But ours was 26th Nov 2012 to 26th Nov 2013. That's 12 months to my mind.



Touche. And that's why we're trying it anyway :)[/QUOT


Good luck!

JCB8 02-24-2015 09:23 AM

Hi - I'm new to this forum and joining the 'waiting room'.

I'm American and I'm a Aussie PR, we are waiting on my English partner's 820.

A little background - My ex husband is Aussie, I applied for my partner visa offshore (NZ) in 2005. That took 7 months, which was part my fault because I was very slow at responding with additional info, medicals etc. Wow - things sure have changed now!

We applied in June 2014. We are defacto - lived together for about 11 months at time of applying but we registered our relationship in QLD. No 5word on the visa yet ... I have a bad feeling ours will be a long one. Especially since I was sponsored myself (although it was well over 5 years ago now and I was married for 8 years so obviously a legit relationship.)

I never got my citizenship... long story, I applied in 2011, moved from Hobart to Kalgoorlie, application got delayed because I had to wait ages for an interview. Then I had to go overseas for an extended period (breakdown of marriage, family illness, then met new partner) so I'm no longer eligible. I will be eligible in 2017 now. Not sure if that would delay my application at all?

We are planning to go overseas for a few months and get married at the end of the year (no date set yet) but want the 820 to be granted first so wish us luck!

Few other quick questions - any word on how long you can be out of the country on your 820? We were planning a 3 month trip. But not if it will cause probs for our 801?

Also, slightly off topic but I hear a lot of people talking about the paperwork for the 801. I thought on the immigration page it states it is now one application and one fee for the both?

Cheers all :)
Jen

Mish 02-24-2015 10:16 AM

Welcome to the forum :)

Once the 820 is approved you can be out of the country when the 801 is approved.

The 820 and 801 is one application but the 801 is not automatic. You still need to provide evidence. There is alot more visa fraud these days so they are asking for more and more evidence these days. So it is best to keep collecting all that evidence.

CollegeGirl 02-24-2015 10:50 AM

Quote:

Originally Posted by JCB8 (Post 789513)
Hi - I'm new to this forum and joining the 'waiting room'.

I'm American and I'm a Aussie PR, we are waiting on my English partner's 820.

A little background - My ex husband is Aussie, I applied for my partner visa offshore (NZ) in 2005. That took 7 months, which was part my fault because I was very slow at responding with additional info, medicals etc. Wow - things sure have changed now!

We applied in June 2014. We are defacto - lived together for about 11 months at time of applying but we registered our relationship in QLD. No 5word on the visa yet ... I have a bad feeling ours will be a long one. Especially since I was sponsored myself (although it was well over 5 years ago now and I was married for 8 years so obviously a legit relationship.)

I never got my citizenship... long story, I applied in 2011, moved from Hobart to Kalgoorlie, application got delayed because I had to wait ages for an interview. Then I had to go overseas for an extended period (breakdown of marriage, family illness, then met new partner) so I'm no longer eligible. I will be eligible in 2017 now. Not sure if that would delay my application at all?

We are planning to go overseas for a few months and get married at the end of the year (no date set yet) but want the 820 to be granted first so wish us luck!

Few other quick questions - any word on how long you can be out of the country on your 820? We were planning a 3 month trip. But not if it will cause probs for our 801?

Also, slightly off topic but I hear a lot of people talking about the paperwork for the 801. I thought on the immigration page it states it is now one application and one fee for the both?

Cheers all :)
Jen

None of that should delay his visa, but onshore applications are taking 12-15 months at present, so you probably still have a while to wait.

There's no limit to how long you can be out of the country on an 820. If you were going to be gone with no definite plans to return before the grant of your 801 that could be problematic, but just a 3 month holiday won't be an issue.

It is one application and one fee for the 820 & 801... but when the two years have passed and it's time for the 801 he'll have to undergo a "reassessment," which means providing evidence your relationship is still genuine & continuing. Just like for the 820, you'll provide photos of the two of you with friends/family, evidence you share finances, evidence you live together, etc. It used to be much easier, but as Mish said, they've cracked down due to fraud so there's much more evidence required than there used to be. Technically it's a "reassessment" and not a new application, but it does require all the work of a new application, haha. Just not a new application fee (thankfully!).

Bay56 02-24-2015 01:51 PM

On the holiday issue…isn't there a requirement for citizenship that you can't be absent from the country for more than 3 months in the last 4 years? Be careful, you don't want the clock to restart again, that would really hurt.

CollegeGirl 02-24-2015 02:00 PM

No, no. :) The requirement is no more than TWELVE months over the last 4 years... and no more than 3 months in the last year of the four. :)

Bay56 02-24-2015 02:27 PM

Quote:

Originally Posted by CollegeGirl (Post 789865)
No, no. :) The requirement is no more than TWELVE months over the last 4 years... and no more than 3 months in the last year of the four. :)

With the knowledge you've got off the top of your head, I firmly believe DIBP need to hire you very soon :) Thanks for correcting me regarding my previous post.

Akragth 02-24-2015 09:41 PM

So, just to update on my situation as I described above/last page--in case anyone gets a similar email to the one I received. Immi were indeed looking for evidence from 2014 not more from prior to my application. The CO suggested things like our newer lease agreement, joint bank statements from 2014, and the such like. All very easily done. He also said that registering, even now, would indeed be accepted as evidence.

That said, whilst I am thankful that it's all they're after, I did think it a bit odd. Is it common practice? I kinda thought the only evidence they cared for was that which was from prior to the application.


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