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)

hnphuong 03-11-2020 04:59 AM

Quote:

Originally Posted by smartbuoy (Post 1986135)
Hi Gurbhej, it is certainly possible to apply for a subclass 600 to bring your partner to Aus and then apply for a 820. I am in similar circumstances as you (recently got married in India). There are two issues you need to watch out for:

1. Immigration may place a No Further Stay condition on the 600 visa which would prevent her from applying additional visas in Aus. I have assisted in 5 subclass 600 visa apps from India in the past 2 years and this condition was never imposed, despite all 5 being first time travellers. So you may want to watch out for this condition.

2. One of the criteria for subclass 600 is to provide evidence that the applicant will leave Australia before the visa expires. This becomes difficult in cases involving partners where the applicant does not intend to leave Aus and apply for further visas. However PAM3 (Immigration policy) specifically states that officers need to be lenient in relation to cases involving partners and the fact that an applicant may subsequently apply for a partner visa later is not grounds to reject subclass 600. You may want to make this clear in your application.

My wife applied for a 600 in August 2019 from India after we got engaged. 600 was granted without No Further Stay and we had made it clear in her 600 app that she intended to apply for a partner visa in Aus. 600 was granted in 2 days - she remained in India until we got married a few months back and then travelled to Aus. She's now applied for her 820 visa 2 days ago and automatically received a BVA which is inactive while her visitor visa is still in force.

My advice would be to do solid research and put forward an honest application (remember your local Federal MP's office can sometimes be of assistance if you face difficulties in dealing with the department). Good luck veerji!

When applying for subclass 600, are we able to really say: we intend to stay in AU to apply for 820? This means that there is not intention to leave australia as a requirement of 600.

smartbuoy 03-11-2020 06:01 AM

Quote:

Originally Posted by hnphuong (Post 1986145)
When applying for subclass 600, are we able to really say: we intend to stay in AU to apply for 820? This means that there is not intention to leave australia as a requirement of 600.

In my personal opinion, it is curly but possible. This is exactly what my wife did - she told Immigration that the purpose of her visit to Aus was to visit my family and I and she intended to lodge a 820 application during that trip. She also quoted the following sections from PAM 3:

"... s65 delegates should focus on assessing if the applicant intends a genuine temporary stay in relation to the 600 visa for which the person have applied the focus is not on assessing any relationship..."

"... Similar factors, as listed above, should be taken into account if an a 600 visa applicant is in a relationship with an Australia citizen, or permanent resident and eventually may intend to reside permanently in Australia, but has not yet made a final decision to do so and/or made a permanent visa application outside Australia. The possible eventual intention of the applicant to stay permanently in Australia should not be considered grounds to refuse a 600 visa...

.... It is acceptable for a person to apply for a 600 visa in order to be with their partner to maintain an established relationship. An applicant who discloses an intention to continue a relationship (or, enter into a relationship (as they have not met before)) should not be disadvantaged as a result of that disclosure ...

... Officers should take a fair and reasonable approach to the genuine temporary stay requirement, particularly if the applicant is in a continuing partner relationship with an Australian citizen or permanent resident..."

JandE 03-11-2020 06:03 AM

Quote:

Originally Posted by smartbuoy (Post 1986139)
Just wondering if anyone knows any recent experiences regarding decision ready applications and expected timeframes. I am aware that in 2018 certain decision ready applications were being processed in 3-4 months while the standard timeframes were 12-15 months. But I haven't seen anything recently.

My wife lodged a decision ready application 2 days ago (police certificates done + medicals to be done soon), hence any guidance on decision ready applications will be appreciated.

The last six 820's I have seen took: 35, 22, 14, 19, 16 and 15 months.
Can't really tell which were decision ready, if any.

The faster 820 grants seemed to come from a PMV.

The average processing time for the 26,118 subclass 820 visas finalised in the 2018/19 year was 497 calendar days (16.3 months).

The Immigration figures for January 2020 were: 24-31 = 75% took up to 24 months. 10% took over 31 months.

blythium 03-12-2020 06:02 AM

Here is my timeline ;
Applied for 820/801 = 10 August 2018
Applied for BVB = 05 April 2019
Application in progress = 19 Oct 2019
S56 request from CO = 17 Feb 2020
Further Assesment = 09 March 2020

I'm still waiting the good news & will keep you guys update. Finger crossed 🙂

Pillow 03-13-2020 02:04 AM

So my partner(sponsor) has called up AFP to check and it’s still in process .. it’s been two weeks and now we have another 2 weeks to meet the deadline. Really afraid we not gonna make it by the 28 days deadline.
We have initially reply to the case officer email to acknowledge the request. Did not get a reply. Not sure how I can update her again and making sure she got our update?

Quote:

Originally Posted by chrislane99 (Post 1985951)
Quote:

Originally Posted by Pillow (Post 1985945)
Anyone had experience with waiting for AFP approval for more than 2 weeks? I personally have gotten mine approved within two days but my partner hasnt heard anything and its been 2 weeks .
Urgently wanna get them and upload onto our application we only have 28 days to do this. <img src="http://www.australiaforum.com/images/smilies/frown.gif" border="0" alt="" title="Frown" class="inlineimg" />

They come in the mail so maybe that has been delayed. Check on your original application details and call the AFP. Upload a copy of your application and a quick note to state you are waiting.

IMHO it's about time they sent an email copy as well as the mail. DHA do talk to AFP if needed!


Heewon 03-13-2020 07:58 AM

Sharing my timeline
 
Firstly, thank you all for the information here.
I have been reading the comments here since I started preparing visa application and it's been so helpful and supportive.
I got 820 a few days ago, so now just want to share my timeline for those who are waiting for the visa like I did for 1 year and half.

FYI, I'm from South Korea and I was holding ETA when I applied visa. We did ourselves without a lawyer.

- 02 Sep 2018 Partner 820/810(de facto) applied
- 06 Sep 2018 AFP submitted
- 18 Sep 2018 Finished uploading all attachments
- 15 Jan 2019 Medical examination done
- 13 Mar 2019 Bridging Visa B applied and granted (1 year valid)
- 07 Apr 2019 We got married in Australia.
- 12 Apr 2019 Uploaded marriage certificate and photos from wedding
- 02 Sep 2019 Got the email of Application in progress
(I think this is auto-generated 1 year after visa applied)
- 19 Feb 2020 CO assigned
asking to upload new AFP of both of us and registered marriage certificate
- 02 Mar 2020 Uploaded all attachments CO asked us
- 08 Mar 2020 Emailed [email protected]
asking if it's possible to know how long it takes
because I'm planning to go overseas at the end of March
and my Bridging Visa B expires before.
- 09 Mar 2020 Partner 820 granted

I tried to write in details and hope it helps you guys.
Good luck to everyone!!!

tOMU 03-17-2020 03:11 AM

Quote:

Originally Posted by JurgenKlopp (Post 1985933)
Partner was on Student Visa

Applied: Sep 2018
Request for Sponsorship Application (Ooops!) : Oct 2019
Aus Police Check Request: Oct 2019
Country of Origin Police Check Request: Nov 2019

820 Granted: Dec 2019

Congratulations!
I also received 820 this month, finding work on this visa, however, is tricky, as its difficult to explain situation to the employer. Whats your experience so far?

anajali 03-17-2020 03:19 AM

Quote:

Originally Posted by tOMU (Post 1986643)
Congratulations!
I also received 820 this month, finding work on this visa, however, is tricky, as its difficult to explain situation to the employer. Whats your experience so far?

A lot of employers do not hire anyone who is not a permanent resident or citizen, nothing to do with if you're on a partner visa or a working holiday visa or anything.

Mkenya 19 03-17-2020 09:03 AM

Quote:

Originally Posted by anajali (Post 1986647)
Quote:

Originally Posted by tOMU (Post 1986643)
Congratulations!
I also received 820 this month, finding work on this visa, however, is tricky, as its difficult to explain situation to the employer. Whats your experience so far?

A lot of employers do not hire anyone who is not a permanent resident or citizen, nothing to do with if you're on a partner visa or a working holiday visa or anything.


Unfortunately that's one of the realities migrating partners have to deal with having left good jobs and careers back at home to live with their partners.

swaanderling 03-19-2020 09:48 PM

I found on Wednesday (18th March) that my 820 and 801 were granted right after each other!

I'm so glad the wait is finally over. I wanted to post my timeline here so others can use this info if they're in a similar situation:

Applied: 25 June 2018
Request for Medical / Police Checks: 8 November 2019
Completed Medical: 19 November 2019
Submitted Police Check: 19 November 2019
Request for Sponsor's Police Check (old one expired): 4 February 2020
Submitted Sponsor's Police Check: 19 February 2020
820 & 801 granted: 17 March 2020

We used an immigration agent
Not married
No kids
Dating since December 2012
Living together since April 2017
Sponsor from Australia, Applicant (me) from New Zealand
Total time taken from application to 801: 1 year, 8 months, 21 days


Our immigration agent got us to send them documents periodically e.g. new rental leases, photos from holidays, travel bookings, Christmas cards addressed to both of us. If anyone has any questions please reach out.


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