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J747

Partner visa ( Subclass 820 ) -

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HI All,

Apologies if this has been covered before..I have tried to search.

My Girlfriend and I, live together outside Australia. She is a Australian Citizen. She lives outside of Australia With me.

We want to apply for a partner visa.  I understand we first have to get a temporary visa 820.

Do we need to live in Australia on the 820 while we wait for the Permanent Visa - 801? 

Is it a requirement to make use of the 820?

Thanks everyone,

J

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  • Yes, an 820 can only be applied ofr when EVERYONE is onshore, and no one has a condition 8503 applied to their current visa.  You apply and pay for both the 820 and the 801 at the same time.
  • You must be ONSHORE when the 820 is granted and also when the 801 is granted.  Failure to do so will result in the application being cancelled.
  • I suspect you may be better to apply from offshore, which is a Visa 309 leading to a 100 Visa.
  • Both visa options are expensive, around AU$7000, so it would be fool hardy to apply and not use it.

If you want to apply onshore for a 820/801, the sponsored (you) must be on a visa (travel, tourist, student) that does not have a condition 8503.  Not knowing your history with past AU visa's, please note that first time visitors to Australia, often get 8503 applied.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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On 12/7/2018 at 10:14 AM, AussieDude said:
  • Yes, an 820 can only be applied ofr when EVERYONE is onshore, and no one has a condition 8503 applied to their current visa.  You apply and pay for both the 820 and the 801 at the same time.
  • You must be ONSHORE when the 820 is granted and also when the 801 is granted.  Failure to do so will result in the application being cancelled.
  • I suspect you may be better to apply from offshore, which is a Visa 309 leading to a 100 Visa.
  • Both visa options are expensive, around AU$7000, so it would be fool hardy to apply and not use it.

If you want to apply onshore for a 820/801, the sponsored (you) must be on a visa (travel, tourist, student) that does not have a condition 8503.  Not knowing your history with past AU visa's, please note that first time visitors to Australia, often get 8503 applied.

HI AussieDude,

 

Thank you for the reply.

I understand much better now thank you:)

If we apply for the 309, do we have to make use of the 309? Or can we wait in our home country until the permanent visa 100 is approved. Much easier to get jobs in our careers then.

I have a valid 4/5 year tourist visa.

 

Thank you,

J

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On 12/12/2018 at 7:27 PM, J747 said:

HI AussieDude,

 

Thank you for the reply.

I understand much better now thank you:)

If we apply for the 309, do we have to make use of the 309? Or can we wait in our home country until the permanent visa 100 is approved. Much easier to get jobs in our careers then.

I have a valid 4/5 year tourist visa.

 

Thank you,

J

When you 309 is granted, it will include some basic criteria, including the last date you must enter Australia by.  There is no hard and fast rule, but usually we see a period of 12 months where you are expected to enter Australia.  Once here you can leave and return any number of times.  However, you should plan to use the visa at least once before this 'last day to arrive date'. As soon as the 309 is granted your tourist visa will be cancelled.  As you can only hold one substantive visa at any time.

After two years on your 309, you are eligible for your permanent 100 visa.  **Usually** you are expected to be onshore when your 100 is granted, but this is not mandatory. At very least you need to be available for interview if called.

I understand your situation, and you are obviously a genuine couple. However, there is a sad trend these days of what is called 'Residency Shopping' where people apply and secure various residency and immigration visa, with no real intention to ever use them. 

The 309/100 path is a migration visa, in that you are expected ultimately to settle in Australia, and build a productive life here.  If IMMI feels that this is not your real long term intention, things may get complicated.  Be sure to take the time to ensure your longer term plans as a genuine Migrant are presented to IMMI.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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