Apply for onshore 820 PV - wave 2 year waiting period?

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Apply for onshore 820 PV - wave 2 year waiting period?


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Old 08-22-2014, 08:14 PM
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Lightbulb Apply for onshore 820 PV - wave 2 year waiting period?

Hello
My Aussie partner and I will submit our 820 onshore PV in late October this year.

We were wondering:
We are in a relationship since January 2012 (which we declared to DIAC a year ago when I sent the form of changes of circumstances.)

Evidence wise we are living together since June 2012 with joined finances, travels over seas to Germany etc. even though we already lived together on his lease before June 2012. But we want to play it safe and only hand in evidence which is 100 waterproof eg shared leases.

So my question is in June 2015 when our application is around 9 months old we would be considered a long term relationship as we then could prove 3 years of shared living. Apparently in these cases you could apply for 801 straight away.

Will DIAC take in account that we are just 9 months short of the 3 years and maybe fast track the 2 year wait and then reassess system ?


I guess what I want to ask is if our previous time as a committed couple would be taken into account and by June 2015 the application would possibly become an application for the 801 visa right away since we then could prove 3 years of committed living as a loving couple :-)

Also is it right that I have full working rights on the bridging visa? Or am I not allowed to work at all? My student visa ceases in March 2015. Would submitting our Partner visa cease my student visa since my studies finish in December 2014 or would the bridging visa kick in once the student visa expires?

Many thanks,

Laura


Last edited by LauraMaria; 08-23-2014 at 05:48 AM.

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Old 08-23-2014, 12:21 AM
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In relation to being granted a sc. 801 visa without the 2 year waiting period, the long term relationship must be in existence at the time you lodge the combined sc. 820/801 application.

Your bridging visa should come with nil conditions (so no work restrictions) and will come into effect when your current visa ceases.

Making a sc. 820 visa application would not automatically cause an existing visa to cease.

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Old 08-23-2014, 03:21 AM
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Thanks for your reply!

Basically now we have to weigh up if we apply now and then automatically fall under the two year temporary visa or if we wait until February 2015 since we would then be in a 3 year relationship.
DIAC says that you only have to be in a 3 year relationship, others say you have to live together for 3 years. I am just uncertain if our application for permanent residency may be not strong enough and if it was wiser to just apply now with a strong evidence from our past 2.5 years..even if that meant that it would take 2 years longer.


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Old 08-23-2014, 04:04 AM
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Why is it so important that you get PR straight away ? The 2 years waiting period are counted from the date a valid application is made. Processing could take 12 months, so by the time your sc. 820 is granted you'd be hallway there.

If you meet the requirements for a sc. 820 now, then why wait with lodging an application ?

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Old 08-23-2014, 04:32 AM
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Thanks again :-) it is sooo confusing!

I actually realised this too that we are halfway there anyway if we lodge our application now. :-)

Well I was more thinking about the less stressful option but I suppose it will be stressful either way and I agree with you that waiting is probably not necessary anymore since we have evidence for 2.5 years.

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Old 08-23-2014, 06:28 AM
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It really does not need to be all that stressful. I think you are just worrying too much about it.

If you meet the requirements now, I think you should apply before there is another fee increase.

As long as you stay together, stage 2 will be relatively straight forward and nothing to worry about.

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Old 08-23-2014, 09:16 AM
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Thanks for your support.
Yes we had many sleepless nights in the last years so it's probably just about time to hand all in and just see what happens!


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Old 08-23-2014, 09:28 AM
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I've been there. I know how stressful it can be. If you meet the requirements, put in the application, relax and get on with your life.

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