801 vs 820 processing time

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801 vs 820 processing time


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Old 04-15-2014, 04:06 AM
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801 vs 820 processing time

I may have a job offer in a few months in Melbourne and I'm thinking of the best way to apply for my wife's visa. We've been married just over 3 years now so we can apply directly to get her an 820, and I was wondering do they process more quickly making it easier to apply offshore, or would it be easier to go over with her on a tourist visa and apply onshore? her previous job just ended so I'm a bit worried that might get her a no further stay condition, but without a solid job offer we don't want to start the whole process now from offshore, so I'm not totally sure what the easiest way to do things is.


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Old 04-15-2014, 06:18 AM
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I think you're asking about the 820 vs. 309. The 820 (temporary residency) and 801 (permanent residency) are applied for onshore, while the 309 (temporary) and 100 (permanent) are applied for offshore. After three years of marriage, you should be eligible to be considered for permanent 801 or 100 right off the bat.

Processing times vary. Immigration quotes are here, but they aren't always accurate: https://www.immi.gov.au/about/charte.../visas/5.0.htm.

Where is she from? U.S.? Having a job or not doesn't really factor into getting a tourist visa for Australia if you're from the U.S.


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Old 04-15-2014, 06:19 AM
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First off, the 820/801 is the onshore visa, and the 309/100 is the offshore visa. The 820 is the temporary onshore while the 801 is the permanent onshore. It's the exact same application forms for all of them. The only difference is that with being married for three years, as long as you have ample evidence, you'll go straight to the permanent version of either the onshore or offshore visa. You don't need to do anything differently - the case officer will see how long you've been married and will grant it that way automatically.

While the offshore application processing is slightly shorter than the onshore, the processing for the offshore visa is currently taking 9 months or so from the DC office (sometimes even longer).

Your best option is probably to take a holiday with your wife on a tourist visa to Australia and THEN decide once you're down there if you want to apply onshore. Tourist visas are for tourists - so you need to make sure she's actually there to be one when you enter. You can always decide once you're there to apply for a partner visa onshore - that's your right. It's highly unlikely your wife will get a "no further stay" condition on her ETA as she's an American. An ETA takes five minutes to get online for Americans and there are no questions about jobs, etc. The ETA is valid for a year, but only allows three-month stays each time. She can go over on her first three-month stay, and if you decide to apply onshore once there, just make sure you do so before that three-month stay has concluded. Once you apply for the partner visa she is granted a Bridging Visa A which will kick in at the end of her first three-month stay on her ETA. She'll then have full work and travel rights (but will need to apply for a BVB if you need to go offshore for any reason while the 801 processes).

Another option is to apply for the 309/100 right now while offshore, and then get her a tourist visa to go to Australia with you while the 100 processes, but keep in mind she'll have to fly out of Australia every three months when each stay of her ETA expires until her 100 is granted. And you still can't say directly that you're waiting out the processing of an offshore partner visa - she'd still need to be an actual tourist on holiday that whole time.

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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.

Last edited by CollegeGirl; 04-15-2014 at 06:22 AM.

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Old 04-15-2014, 02:27 PM
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Quote:
Originally Posted by Inkhearted View Post
I think you're asking about the 820 vs. 309. The 820 (temporary residency) and 801 (permanent residency) are applied for onshore, while the 309 (temporary) and 100 (permanent) are applied for offshore. After three years of marriage, you should be eligible to be considered for permanent 801 or 100 right off the bat.

Processing times vary. Immigration quotes are here, but they aren't always accurate: https://www.immi.gov.au/about/charte.../visas/5.0.htm.

Where is she from? U.S.? Having a job or not doesn't really factor into getting a tourist visa for Australia if you're from the U.S.
Yeah, you're right, I got the numbers mixed up.
My wife is in the US on a green card though- she's from China, so we'd still be applying for the visa in the US but I'm not sure if they'd be more likely to give the no further stay anyway because of her citizenship.

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