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820 Partner visa withdrawal

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Hi Guys,

In January I applied for 820 partner visa with my NZ girlfriend (we have been together for 7 years) 3 weeks ago  I recieved a letter from the government:

Dear Sten
In reference to your Partner (Temporary) (class UK) Partner (subclass 820) and Partner (Residence) (class BS) (subclass 801) visa.
In processing your partner visa application, we are required to assess your sponsor’s eligibility to sponsor you for the Partner Visa, and whether the sponsorship should be approved.
An eligible New Zealand citizen is a person who at the time of last entry to Australia would have met health and character checks and:
• held a Special Category (Subclass 444) visa on 26 February 2001; or
• held a Special Category (subclass 444) visa that was in force for at least one year in the
two years before 26 February 2001; or
• has a certificate, issued under the Social Security Act 1991, that states the citizen, for the
purposes of the Social Security Act 1991, was residing in Australia on a particular date (note
that Centrelink stopped accepting applications for these certificates in February 2004).

When applying for the visa It states you can do it with an Eligible New Zealand citizen. I didnt think much of the eligible part just thought it was ok as she is from New zealand.
Looking into to it eligible means she would of have to have lived here before 2001 to be able to sponsor me. She has lived in Sydney since 2010.
We were previously on a 461 New Zealand citizen family relationship visa for 5 years but you cannot get PR on this visa so thats why i applied for the 820 visa hoping for PR in the future.

I have spoken with an immigration lawyer who has advised i now have to withdraw my visa and the only thing i can do is leave the country and try come back on a tourist/student visa and then apply again for the old visa we were on 461 (if i get back into the country).

Has anyone been through this? or know any other options or any other ideas?
Would appreciate the help!!

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What Nationality are you?




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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