spouse visa 820 801

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spouse visa 820 801


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Old 05-13-2011, 08:18 AM
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Smile spouse visa 820 801

hi friends
i applied my 820 801 application and m just waiting for decision but the good news is that my wife is a pregnant and she is an australian citizen i have two question regarding that
1> is my baby will get australian citizenship by birth
2>because of my baby is immi will give me a PR or TR


Last edited by rickname is enough; 05-13-2011 at 09:37 AM.

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Old 05-13-2011, 08:37 AM
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Hi,
yes, your baby will get citizenship, if he or she is born overseas, you might have to apply for it first at the high commission.

If you have been together for two years at time of your application AND if the baby is already born, you might get PR straight away.If you have already applied, you would have to be together for 3 years in order to get PR, the two years only apply if the baby is already born.


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Old 05-13-2011, 08:45 AM
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thanks for your reply


Last edited by rickname is enough; 05-13-2011 at 09:20 AM.

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Old 05-13-2011, 08:54 AM
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Originally Posted by rickname is enough View Post
thanks for your reply actually i got marry in last year and me and my wife together from one year and we both r in australia right now so what about this situation and i submitt onshore application
In this case, your baby will have citizenship by birth. If you've only been together for one year (defacto, that is) at the time the application was lodged, you will get TR, not PR.


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Old 05-13-2011, 09:23 AM
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really confuse


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Old 05-13-2011, 09:27 AM
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Originally Posted by Lisa84 View Post
In this case, your baby will have citizenship by birth. If you've only been together for one year (defacto, that is) at the time the application was lodged, you will get TR, not PR.
actually me and my wife's relationship start frm may 2010 we got marry in april 2010 i applied my 820 801 application in octomber 2010 and still waiting so after baby will born will i get PR or TR


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Old 05-13-2011, 09:48 AM
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Originally Posted by rickname is enough View Post
actually me and my wife's relationship start frm may 2010 we got marry in april 2010 i applied my 820 801 application in octomber 2010 and still waiting so after baby will born will i get PR or TR
No you won't get PR because you have already applied for your visa. In order to be granted PR, you should have applied after the baby's birth and after you have been together for two years (and have enough evidence to show that). If your defacto relationship started in May 2010 you will have to apply in May 2012 or later in order to be granted PR. Since at the time of application, you have only been together for 6 months, you will be granted TR. In October 2012, you will get PR anyway, so it doesn't make that much of a difference.

A dependent child is only a reason for the waiver of the 2-year waiting period if the couple have been together for two years prior to the application being submitted. Pregnancy alone is not a reason for a waiver.


Last edited by Lisa84; 05-13-2011 at 09:52 AM.

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Old 05-13-2011, 09:50 AM
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Originally Posted by Lisa84 View Post
No you won't get PR. If your defacto relationship started in May 2010 you will have to apply in May 2012 or later in order to be granted PR. Since at the time of application, you have only been together for 6 months, you will be granted TR.

A dependent child is only a reason for the waiver of the 2-year waiting period if the couple have been together for two years prior to the application being submitted. Pregnancy alone is not a reason for a waiver.
so after baby born i will get TR straight away is it


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Old 05-13-2011, 09:58 AM
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Originally Posted by rickname is enough View Post
so after baby born i will get TR straight away is it
Um no. The baby's birth won't change anything at all. You will get TR (Temporary Residency) after your application is processed. When this will be really depends on the processing times of the office you have applied to. Whether your application is successful or not depends on the evidence you have submitted. You will keep your TR for two years, until you are eligible for PR.


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