King Charles Posted September 3 Share Posted September 3 Hey everyone, I’m a Brit/New Aussie living in Perth, and my Portuguese partner (she) and I are gearing up for the subclass 820 (Temporary Partner) visa process. I’d love to get some advice from those who’ve been through this or have relevant insights. Here’s our situation: Relationship Journey: We started dating in Melbourne for about 5 months and registered our relationship in Victoria. We then moved to Perth together and lived here for 3 months. She had to leave in March this year when her bridging visa expired, so we’ve been long distance for about 6 months now. We did manage to meet up for a quick holiday in Bangkok during that time. Proof of Relationship: We’ve got a joint bank account that’s been active for over a year, and we have plenty of supporting evidence like photos, call logs, and family photos and many other things. Application Plan: She plans to return to Australia on a 651 visa to visit me. Once she arrives, we will then apply for the subclass 820 visa onshore. We’ll also include an ADF police check and medicals with the 820 application. I’d really appreciate any advice on: Processing Time: What’s the usual wait time for the subclass 820 visa if we apply after she arrives on a 651 visa? Any recent experiences with EU passport holders would be great to hear about. Tips for the 651 Visa: Any tips for applying for the 651 visa, especially since her reason for coming is to visit me? What should we include or be mindful of? even at immigration. Application Tips: Any advice for making the subclass 820 application process as smooth as possible? Additional Documentation: Is there anything extra we should include or be particularly cautious about in our 820 application? Thanks a bunch for any help or advice you can offer! Quote Link to comment Share on other sites More sharing options...
paulhand Posted September 3 Share Posted September 3 Processing times are here: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-processing-times/global-visa-processing-times Lower risk applications will be towards the shorter end, but variations can be hard to predict accurately. Don’t overthink the 651 application … she’s rather unlikely to meet a real human at immigration, which is generally just a machine. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted September 3 Share Posted September 3 4 hours ago, King Charles said: She had to leave in March this year when her bridging visa expired Why did her bridging visa expire? Did she have a visa refusal or become unlawful? 1 Quote Link to comment Share on other sites More sharing options...
King Charles Posted September 4 Author Share Posted September 4 Great thanks Paul hand! Raul mate yeah she had a 801 refusal with her ex defacto with a PIC 4020? in 2016. She has had a bridging visa since then until March this year when he decided to withdraw her appeal as there was no way she would win the Federal court appeal. Quote Link to comment Share on other sites More sharing options...
paulhand Posted September 4 Share Posted September 4 2 hours ago, King Charles said: Raul mate yeah she had a 801 refusal with her ex defacto with a PIC 4020? in 2016. She has had a bridging visa since then until March this year when he decided to withdraw her appeal as there was no way she would win the Federal court appeal. I suggest you contact Raul or another registered migration agent for a consultation and talk this through in detail, as this may complicate matters. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted September 4 Share Posted September 4 3 hours ago, King Charles said: Raul mate yeah she had a 801 refusal with her ex defacto with a PIC 4020? in 2016. She has had a bridging visa since then until March this year... So she applied for a partner visa with someone else and it was refused, on the grounds they had supplied false information. She appealed, and got a bridging visa while the appeal was being considered. She didn't withdraw that appeal until March this year, though presumably she broke up with her first partner at least a year ago? I think you may have a problem. I'm no expert but this is how I understand it: When you are on a bridging visa, you are obliged to tell Immigration if your circumstances change. If that change means you're no longer eligible for the visa you applied for, your visa application is cancelled and so is your bridging visa. In your girlfriend's case, she should've told them when the relationship broke up, and that would've made the appeal null and void and ditto her bridging visa. Presumably she knew that, so she kept quiet, and she got away with it. Now you're proposing to apply for a new partner visa together, stating that your relationship became de facto in 2023, (and presumably you were dating for a while before that). Immigration is going to notice that you're claiming your relationship started when she was while she was supposedly in a relationship with her first partner, so someone is lying. And lying to Immigration is a serious offence. Tread carefully and get professional advice. 1 Quote Link to comment Share on other sites More sharing options...
King Charles Posted September 4 Author Share Posted September 4 Hey Marisawright, thanks for taking the time and iv seen some really good comments from you in this platform. so I had to get some info about her visa history. Immi found out in 2016 via phone interviews that they were not together and placed the 4020 that year. She appealed on basis of domestic violence but could not carbonate the documents correctly at the AAT after which she appealed to Federal circuit but withdrew before the federal circuit court date earlier this year. We starting dating around July last year. So since she has not been with her ex since 2016. Sorry for the long message hope that makes sense. Advise I got from couple of MARA registered agents/lawyers that possible to apply for 820 onshore while on 651. But always good to network and get more valiadation etc appreciate it’s not legal advise here. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted September 4 Share Posted September 4 48 minutes ago, King Charles said: Advise I got from couple of MARA registered agents/lawyers that possible to apply for 820 onshore while on 651. Were those general enquiries or did you have for an in-depth, one-off consultation? Unless you paid for the advice, it's probably not to be relied on. If you did pay for advice, then follow it. Quote Link to comment Share on other sites More sharing options...
King Charles Posted September 4 Author Share Posted September 4 They were just initial paid consults. I will for sure get proffesional help with any visa I apply. I would really love to know any other tips for evidence for 820 that’s outside the usual list like joint account, photos, messages, calls, letters, anniversaries, utilities, insurance etc would really appreciate it as I miss her a lot and it’s tough being apart. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted September 4 Share Posted September 4 2 hours ago, King Charles said: They were just initial paid consults. If you've already had two paid consultations and they've got no reservations about what you propose, then forget what I said. I'm no expert. It's always a bit tougher to get a partner visa when you're not living together but it sounds as though you've got a good list of evidence. I would just get on with it. Quote Link to comment Share on other sites More sharing options...
Raul Senise Posted September 4 Share Posted September 4 18 hours ago, King Charles said: Great thanks Paul hand! Raul mate yeah she had a 801 refusal with her ex defacto with a PIC 4020? in 2016. She has had a bridging visa since then until March this year when he decided to withdraw her appeal as there was no way she would win the Federal court appeal. This make the application much more complicated (provisional partner visa approved, permanent partner visa refused, PIC 4020, AAT Appeal, AAT refusal, Federal Circuit Court Appeal). You would be well advised to proceed with professional assistance. From your other comments, it appears you have already received advice from Agents. General advice on a public forum would not be relevant in this case. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted September 5 Share Posted September 5 @King Charles, I just saw Raul's post, which clarified what happened with your girlfriend's application. I think you still have a problem. I think you need to imagine how it looks to an Immigration official (and remember when reading the following, I'm not writing as me, I'm pretending I'm an Immi officer): "We rejected her initial partner visa application, because we discovered they were no longer together -- which means she failed to notify us when the relationship broke up. That's a black mark on her record. She doesn't deny she failed to notify, but she then appealed to try to get PR on the grounds of domestic violence. However she couldn't provide proof. Suspicious. Then she went for a Federal appeal, which she's now withdrawn, which makes one wonder if she knew it wouldn't succeed. Clever. Using these (possibly bogus) appeals, she's managed to turn a 3 year ban into an 8 year stay in Australia. Now she's met a new partner. How can we believe this new relationship is genuine? It looks suspiciously as though she persisted with her appeals just long enough to find someone who would agree to sponsor her. We will have to scrutinise this new relationship with a fine tooth comb." You need a really good agent! Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.