Multiple Visa Applications 820 and 190

Go Back   Living and Working in Australia Forum With Immigration and Travel Information > Living in Australia > Visas and immigration

Visas and immigration The Australia Forum for visas, immigration and migration to Australia. Please use this section to discuss all your immigration and moving to Australia needs. Discuss visa types, time lines, submission dates, police checks and read our members' immigration success stories here.

Like Tree2Likes

Multiple Visa Applications 820 and 190


Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 11-07-2014, 10:59 PM
Active Member
 
Join Date: Nov 2014
Posts: 9
Users Flag! From australia

1 likes received
Multiple Visa Applications 820 and 190

My girlfriend is currently in the process of trying to obtain her permanent residency.

She is a Geologist currently on a 457 visa, however her employment ends in 2 weeks.

She is eligible for a state nomination visa 190 in NSW, where we currently both reside and SA, neither of us have any connection to this state. Her application for state nomination from VIC was denied early this week, despite the fact that I am originally from Melbourne and both of us wanted to move to the state. She also missed out on the intake for NSW in October 2014 as she was unable submit her application due to the issues with the webpage not loading.

Given that we have been in a committed relationship for over a year she is also be eligible for a partner visa 820.

My question is if we submit an application for a partner visa now and then the she is nominated for a state sponsorship visa, is she able to lodge a this visa application simultaneously to the partner visa application. If so, would she be entitled to a refund of her application fee for the partner visa if the state nomination visa was granted and vice versa.


  #2 (permalink)  
Old 11-07-2014, 11:45 PM
Moderator
 
Join Date: Jan 2013
Location: Australia
Posts: 11,213
Users Flag! From australia

3687 likes received
1175 likes given
There is nothing stopping her applying for another visa when one is processing however DIBP don't usually give out refunds for change of mind.


  #3 (permalink)  
Old 11-08-2014, 12:13 AM
Active Member
 
Join Date: Nov 2014
Posts: 9
Users Flag! From australia

1 likes received
Thanks for the quick response.

Would being granted another permanent residency visa constitute 'a change of mind' though? That is, if she is successful for the state nomination visa while her partner visa is still being processed, then would cancelling her partner visa constitute 'a change of mind'?

Does the fact that she no longer requires the partner visa in order to gain her permanent residency allow her to be entitled for a refund for the fee of this visa?


Sponsored Links
Advertisement
 
  #4 (permalink)  
Old 11-08-2014, 12:14 AM
Moderator
 
Join Date: Jul 2011
Posts: 5,235
Users Flag! From canada

1533 likes received
148 likes given
She can submit multiple visa applications, but she won't get any refunds.

__________________
186 visa - Temporary Residence Transition stream
Granted Dec 2013

  #5 (permalink)  
Old 11-08-2014, 12:16 AM
Moderator
 
Join Date: Jan 2013
Location: Australia
Posts: 11,213
Users Flag! From australia

3687 likes received
1175 likes given
That is still change of mind.

You would pretty much have to get hit by a truck to get a refund.


  #6 (permalink)  
Old 11-08-2014, 12:20 AM
Moderator
 
Join Date: Jul 2011
Posts: 5,235
Users Flag! From canada

1533 likes received
148 likes given
It would be considered a change of mind. There are very few situations where they will give a refund:

Will I get a refund if I withdraw my visa application?

If you have sufficient evidence of a defacto relationship for at least 12 months before you apply, there may be no need for her to submit the 190 application. She doesn't need to apply for anything for a little while as she has 90 days after ending work with her employer to find another sponsor (for her 457), lodge another visa application or leave the country.

__________________
186 visa - Temporary Residence Transition stream
Granted Dec 2013

  #7 (permalink)  
Old 11-08-2014, 12:21 AM
Active Member
 
Join Date: Nov 2014
Posts: 9
Users Flag! From australia

1 likes received
Thanks for the response.

Looks like we will have to determine which option she is most likely to be successfully for.


  #8 (permalink)  
Old 11-08-2014, 12:26 AM
Moderator
 
Join Date: Jan 2013
Location: Australia
Posts: 11,213
Users Flag! From australia

3687 likes received
1175 likes given
IMO the partner visa is the safer option since you are relying on state sponsorship.


  #9 (permalink)  
Old 11-08-2014, 12:34 AM
Moderator
 
Join Date: Jul 2011
Posts: 5,235
Users Flag! From canada

1533 likes received
148 likes given
If they are equally likely to be successful, the 190 is perhaps a slightly better option because it gives her PR status once it's granted whereas the 820 is a transitional visa. She can only apply for the 801 PR stage 2 years after lodging the 820 application. Some employers don't understand the visas well enough and may be reluctant to hire her if she doesn't have PR status.

As well, the 820 requires two steps which means that if you two break up (sorry) before she gets the 801 visa, she then has to either lodge an independent visa application or leave the country.

__________________
186 visa - Temporary Residence Transition stream
Granted Dec 2013

  #10 (permalink)  
Old 11-08-2014, 12:39 AM
Moderator
 
Join Date: Jul 2011
Posts: 5,235
Users Flag! From canada

1533 likes received
148 likes given
I should have also said that if she hasn't already received an invitation for a 190 visa, then I would apply for the partner visa since she doesn't know if/when an invitation may be forthcoming.

__________________
186 visa - Temporary Residence Transition stream
Granted Dec 2013

Closed Thread

Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Facts &Tips for Partner Visa 820/801 Online Applications Amandy Visas and immigration 1869 12-04-2017 04:03 AM
820 applications craig1984 Visas and immigration 7 01-23-2014 05:11 AM
820 applications craig1984 Visas and immigration 0 01-13-2014 03:23 AM
Sub Class 190 not accepting applications and ICT Business analyst removed from SOL alinackvi Visas and immigration 3 09-26-2013 05:58 AM
Subclass 190-Nominated applications rv1103 Visas and immigration 0 08-16-2013 02:15 PM

LEGAL NOTICE
By using this Website, you agree to abide by our Terms and Conditions (the "Terms"). This notice does not replace our Terms, which you must read in full as they contain important information. You must not post any defamatory, unlawful or undesirable content, or any content copied from a third party, on the Website. You must not copy material from the Website except in accordance with the Terms. This Website gives users an opportunity to share information only and is not intended to contain any advice which you should rely upon. It does not replace the need to take professional or other advice. We have no liability to you or any other person in respect of any content on this Website.


All times are GMT. The time now is 10:10 PM.




Powered by vBulletin®
Copyright ©2000 - 2020, vBulletin Solutions, Inc.
SEO by vBSEO
vBulletin Security provided by vBSecurity v2.2.2 (Pro) - vBulletin Mods & Addons Copyright © 2020 DragonByte Technologies Ltd.
AustraliaForum.com