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

Aussie83 05-14-2019 08:32 PM

Quote:

Originally Posted by cookbarry (Post 1950647)
It is 5 years since I completed a form 40SP for my ex wife in connection with a PMV and I think I had to show her details as well as my own or it would make no sense .
Surely the sponsor would need to be in OZ if applicant doing onshore visa as sponsor has to provide accomodation and they have to show they are living together . In a few months we will know about this new rule and no doubt will be more new rules as they try to discourage family immigration as the UK does under the
anti family TM

Even with the current system the applicant can apply for the visa onshore while the sponsor is offshore. Also there is no requirement to show the couple live together.
Currently the sponsor cannot complete their side before the applicant has submitted and paid.
So what they are proposing and what I imagine will work is they are just accessing the eligibility that the sponsor meets the criteria to be a sponsor and nothing to do with the relationship itself.
They won't be able to enact such a large change as to do away with onshore applications altogether and that is out of scope for the bill.

darra56 05-16-2019 03:40 AM

Got the best new ever today all! My partner was fiiiiinally approved!!! So Happy!!

Details and Timeline below:

Visa: Subclass 820/801
Application: In-person, Agent: No

Applied: 24 April 2017
Additional Info Request: 4 May 2017 (Sponsor Police Checks, Vietnam, Canada, AFP)
Additional Info Submitted: 15 May 2017 (AFP), 20 June 2017 (Canada), 28 August 2017 (Vietnam)
Additional Info (Unprompted): 24 May 2018 (Proof of engagement)
Additional Info (Unprompted): 26 April 2019 (Marriage Certificate)
Medical/Additional Info Request: 3 May 2019
Original Documents Returned: 7 May 2019 (Immi send us our Cert of Relationship and Spouse RCMP Check (No explanation just ‘Here’s you documents back’)
Medical Submitted: 13 May 2019
Additional Info Submitted: 13 May 2019
Visa Grant: 16 May 2019

2 years, 22 days

Xena 05-16-2019 05:36 AM

Hi guys,

Can you please advice me how to find out who is Case officer for my visa?

I applied for visa 820 in May 2017,havent granted yet first stage.

Now i am about to leave Australia in the end of June cause got great job offer in my country of origin. Is it contract for 6 months.
I need apply for Bridging visa B for 6 months,cause I cant just leave AU when I havent granted Partner visa, not holding Bridging visa B

Is still valid that they cant granted my first stage 820 when I am not onshore?

Thanks

cookbarry 05-16-2019 08:41 AM

Quote:

Originally Posted by Aussie83 (Post 1950649)
Even with the current system the applicant can apply for the visa onshore while the sponsor is offshore. Also there is no requirement to show the couple live together.
Currently the sponsor cannot complete their side before the applicant has submitted and paid.
So what they are proposing and what I imagine will work is they are just accessing the eligibility that the sponsor meets the criteria to be a sponsor and nothing to do with the relationship itself.
They won't be able to enact such a large change as to do away with onshore applications altogether and that is out of scope for the bill.

thanks for comments and an interesting take on it . To get a visa it has to be a geuine relationship and how could that beshown if sponsor lives abroad and applicant in OZ.? One of the silly questions asked is why a couple are not living together if in a relationship. The glib answer my friend's Ukrainain fiancee gave is " because you have not given the visa yet " but that is a situation where she could not enter OZ .

Skybluebrewer 05-16-2019 09:42 AM

Quote:

Originally Posted by cookbarry (Post 1950981)
thanks for comments and an interesting take on it . To get a visa it has to be a geuine relationship and how could that beshown if sponsor lives abroad and applicant in OZ.? One of the silly questions asked is why a couple are not living together if in a relationship. The glib answer my friend's Ukrainain fiancee gave is " because you have not given the visa yet " but that is a situation where she could not enter OZ .

It's a de facto or spouse visa requirement, not a living together requirement. There are lots of legitimate reasons why a genuine couple would not be living together. For example, one person could work FIFO and be away much of the time (some people even have the dreaded 4 weeks on, 1 week off roster). Others might have temporary work assignments that take them overseas. Maybe they got accepted to a school overseas and have gone away temporarily. One partner could be tied to Australia because of their career or whatever personal reasons while another partner needed to go back to their home country, for example to help care for a sick family member. Maybe they were de facto for many years while the applicant was on a student visa, temporary work visa, or working/work and holiday visa, but didn't have the money to apply for a partner visa so had to leave the country when the visa was running out.

There are probably a lot more scenarios than that. So people can live apart and still meet the requirements, as long as they do not live separately and apart on a permanent basis.

In the case of a 300, the relationship requirements are even less than the de facto partner visas. You only have need to have met in person since both turning 18, be in a genuine relationship, and commit to marrying each other. My partner and I had never lived together prior to the 300 grant. Whereas the 309/100 and 820/801, they do expect you to have commenced living together at some point, even if you don't live together at the time of application.

Skybluebrewer 05-16-2019 09:46 AM

Quote:

Originally Posted by Xena (Post 1950957)
Hi guys,

Can you please advice me how to find out who is Case officer for my visa?

I applied for visa 820 in May 2017,havent granted yet first stage.

Now i am about to leave Australia in the end of June cause got great job offer in my country of origin. Is it contract for 6 months.
I need apply for Bridging visa B for 6 months,cause I cant just leave AU when I havent granted Partner visa, not holding Bridging visa B

Is still valid that they cant granted my first stage 820 when I am not onshore?

Thanks

No one can tell you who your CO is and it's probably not even one person. I had at least two people that I'm positive worked on one of mine and some have had more than that.

Your best bet is to update your application with current evidence of your relationship, then apply for the BVB explaining the situation. Hopefully they will look at your app and grant the 820 instead of the BVB (and 801 since you should be eligible or nearly eligible).

The 820 cannot be granted while you're offshore. You'll have to return to Australia for them to finalize it.

cookbarry 05-16-2019 10:29 AM

Quote:

Originally Posted by Skybluebrewer (Post 1950991)
It's a de facto or spouse visa requirement, not a living together requirement. There are lots of legitimate reasons why a genuine couple would not be living together. For example, one person could work FIFO and be away much of the time (some people even have the dreaded 4 weeks on, 1 week off roster). Others might have temporary work assignments that take them overseas. Maybe they got accepted to a school overseas and have gone away temporarily. One partner could be tied to Australia because of their career or whatever personal reasons while another partner needed to go back to their home country, for example to help care for a sick family member. Maybe they were de facto for many years while the applicant was on a student visa, temporary work visa, or working/work and holiday visa, but didn't have the money to apply for a partner visa so had to leave the country when the visa was running out.

There are probably a lot more scenarios than that. So people can live apart and still meet the requirements, as long as they do not live separately and apart on a permanent basis.

In the case of a 300, the relationship requirements are even less than the de facto partner visas. You only have need to have met in person since both turning 18, be in a genuine relationship, and commit to marrying each other. My partner and I had never lived together prior to the 300 grant. Whereas the 309/100 and 820/801, they do expect you to have commenced living together at some point, even if you don't live together at the time of application.

yes, good points and I see what you mean about difference between a fiancee visa ( PMV) and a spouse visa. I would like to return home to OZ soon and for my future wife to do the onshore partner visa application but know it has very little chance of working well as she would probably get the NFS condition on a visitor visa and anyway the new sponsor
rule coming up would probably rule it out . Always something to worry about ! ( smile )

Ken84 05-16-2019 11:11 PM

Hi guy, please how long does it take to approve BVC work right?

pressi 05-17-2019 05:13 AM

Quote:

Originally Posted by darra56 (Post 1950937)
Got the best new ever today all! My partner was fiiiiinally approved!!! So Happy!!

Details and Timeline below:

Visa: Subclass 820/801
Application: In-person, Agent: No

Applied: 24 April 2017
Additional Info Request: 4 May 2017 (Sponsor Police Checks, Vietnam, Canada, AFP)
Additional Info Submitted: 15 May 2017 (AFP), 20 June 2017 (Canada), 28 August 2017 (Vietnam)
Additional Info (Unprompted): 24 May 2018 (Proof of engagement)
Additional Info (Unprompted): 26 April 2019 (Marriage Certificate)
Medical/Additional Info Request: 3 May 2019
Original Documents Returned: 7 May 2019 (Immi send us our Cert of Relationship and Spouse RCMP Check (No explanation just ‘Here’s you documents back’)
Medical Submitted: 13 May 2019
Additional Info Submitted: 13 May 2019
Visa Grant: 16 May 2019

2 years, 22 days


congratulation .. can i know did your wife got approval on 820 or straight 801?

darra56 05-20-2019 01:51 AM

Quote:

Originally Posted by pressi (Post 1951111)
congratulation .. can i know did your wife got approval on 820 or straight 801?

Hi pressi,

We got approval for both within minutes of each other.

First an email with the 820 and then the 801 a minute later.


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