# Visa 801 - BAD NEWS



## bumbumn (Jan 22, 2014)

Hi everyone. I have some bad news from my lawyer for who is waiting visa 801. 

Due to increasing fraud marriage cases which found out, last financial year has more than 4500 case was failed. This is quadruple time over last three years ( since july 2010- jan 2014, 1053 case was failed). Link

***sbs com au/news/article/2014/01/29/marriage-scams-uncovered-amid-crackdown-partner-visa-fraud

***sbs com au news/article/2014/09/01/surge-fake-marriage-visa-fraud

801 processing is real barrier, it's not 820 anymore. Nowadays, they tend to call interview you more than suprise visit, especially who comes from high risk country and 90% get call.

My brothers and sisters. I see many happiness when people get TR granted and I dont want bother you with my info. But I wanna let you know that we are still in processing time. Dont be nonchalant or you will get struggle time. Love all and best wishes for you guys


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## Mish (Jan 13, 2013)

Hmmm that is what I suspected. 

Have seen a few people from 820 to 801 face a few problems with their 801.

Thanks for letting everyone know


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## Becky26 (Jun 18, 2013)

Thank you for sharing such an important information with us. It is scary being visited by immigration officers or the friends getting questioned on the genuinity of the applicant and the sponsor.

Good Luck to you too!

Many Thanks! 
Becky


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## Maggie-May24 (Jul 24, 2011)

It's bad news to people whose relationship isn't genuine or has broken down since they got their 820 but hope to get their 801 anyway. This is how it should be, to prevent visa fraud.

For people in a genuine relationship, it shouldn't be an issue, just a requirement to provide the necessary proof of their relationship.


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## Valentine1981 (Sep 13, 2012)

This was inevitable given how partner visas is the quickest way for people to obtain PR - am surer this is the most frequently defrauded classification of visa....personally I have no issue with Immigration cracking down on the bogus applications....actually happy to hear that the number of 801 rejections are ok the rise!!! Weed out the people who get PR then split up.....sick of seeing people cheat the system making it that much more difficult for people who are in genuine relationships....


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## Mish (Jan 13, 2013)

I honestly think it is great news. I have always been a fan of them doing something to crack down on it as we see people split up months after getting PR. I still think 801 should be later but this is a start. 

It is just sad for those that we have seen that are in a genuine relationship that get rejected.


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## 135153 (Oct 18, 2014)

I don't see the problem. If your in a genuine and ongoing relationship and can provide proof then it isn't an issue. The VISA does clearly state if your not because the relationship has broken down you HAVE to inform immigration.

Delaying the issue of a 801 visa will achieve nothing. Genuine cases are made to wait long enough as it is for applications to be processed and decisions made. Delaying the issue even further will only create more stress and heartache for those applicants including Australian Citizens. I dont have any issue with immigration "checking" that my relationship is genuine and ongoing at any stage, and would not be worried if they turn up announced at any time but to applaud a "Crack down" because people split up is ridiculous. Where is the actual evidence these are the most easily de-frauded visas?? Because SBS says so, I would check anything a journalist told me, then i would check it again.

Edited to add Lawyers come into the same bracket as Journalists.


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## Valentine1981 (Sep 13, 2012)

SkelinOz said:


> Where is the actual evidence these are the most easily de-frauded visas?? .


This is based purely on my own experience and 6 years of going through various visa streams before meeting my husband

1) I have been asked by at least 6 people trying to cheat the system what Immigration want for a Partner visa application that "looks good",I have overheard people in my workplace discussing "how much longer they have to hold out before their PR gets granted"...I have never been asked how to lodge a dodgy tourist or student visa.....I also know 5+ permanent residents who's relationship broke down after the 820 grant but their ex played along so they could get the 801 before officially breaking up....

2) for partner visas you require NO skills...you don't even need to speak the language.....it is the only stream to Permanent residency that requires you to offer absolutely nothing to Australia.....

3) it's quick!!! I have been in Australia for 6 years and am still on TR.....If I had moved here.....found someone to play along,got the 12 months "evidence"....waited out the 2 years...lodged 801....broken up.....I could have been a permanent resident YEARS ago.....

4) It's cheap....yes you read that right.....I studied in Australia for 3 years at a total cost of $25000+ in student fees alone!! never mind VAC/medicals/insurance etc.......the $5000 for the partner visa felt like I was getting a deal....


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## Mish (Jan 13, 2013)

SkelinOz said:


> I don't see the problem. If your in a genuine and ongoing relationship and can provide proof then it isn't an issue.


Unfortunately not true. We have people on this forum that have been rejected even though they are in a genuine relationship but DIBP determine that they are not genuine. We have seen people provide lots of proof and still rejected. Unfortunately it comes down to DIBP and they are all human and do make mistakes.


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## 135153 (Oct 18, 2014)

Valentine1981 said:


> This is based purely on my own experience and 6 years of going through various visa streams before meeting my husband
> 
> 1) I have been asked by at least 6 people trying to cheat the system what Immigration want for a Partner visa application that "looks good",I have overheard people in my workplace discussing "how much longer they have to hold out before their PR gets granted"...I have never been asked how to lodge a dodgy tourist or student visa.....I also know 5+ permanent residents who's relationship broke down after the 820 grant but their ex played along so they could get the 801 before officially breaking up....
> 
> ...


None of that actually answers the question I asked, however 

1. I see nothing wrong with people asking what the Immigration Office want to see on a form and what "looks good" That's exactly whats happening on this forum!!!

2. You know 5 people that abused the system?? Did you report them? If that is the pinnacle of fraud in the immigration system then i am sure the Govt would be grateful for that statistic. I agree there are probably many that do try and "play" the system, but i bet folk in on so called "student" visas or "working" visas are up to the same antics.

3. Its a partner visa, why do you want skills associated with it? I can assure you there are many "Partners" who far from "offering nothing" to Australia offer plenty. Just because there a "partner" who wants to emigrate to be with there other half does not make them sub-educated or trying to sneak in. Or do you want Australia to tell its born and bred citizens, you can have a relationship with whoever you like but if you want to bring them home make sure they have something to "offer"

4. Playing the language card does your case no favour in my eyes. The language question needs to be posed about ALL types of visa.

The vast majority of Australians I have met have no issue whatsoever with people, especially those from low risks countries, being granted Visas to be with there Australian partners. In fact many have voiced there concerns to me about the process of partners being granted Visas, they can't believe how long the process takes or the cost involved to there own fellow Australians. The vast majority I have met are more concerned with people entering on other types of Visa's such as students and working Visas, those are the ones they see as "stealing jobs" Even if someone has something to "offer" they dont see it as a automatic right of entry, in fact, far from it.


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## Valentine1981 (Sep 13, 2012)

I stand by my statement that if you want to defraud the system to obtain PR....the family visa stream is the easiest way to do it!!


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## waiting_is_happiness (Oct 3, 2013)

Very well said SkelinOz, indeed! Thanks


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## 135153 (Oct 18, 2014)

Valentine1981 said:


> I stand by my statement that if you want to defraud the system to obtain PR....the family visa stream is the easiest way to do it!!


You can stand by your statement all you want, but next time you wish to defend it come up with relevant facts and not misinformed rhetoric.

People who attack the partner visa being the "easy option" need to check the facts. Its designed to help Australian Citizens. It has nothing to do with other types of visas.


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## Becky26 (Jun 18, 2013)

Valentine1981 said:


> This is based purely on my own experience and 6 years of going through various visa streams before meeting my husband
> 
> 1) I have been asked by at least 6 people trying to cheat the system what Immigration want for a Partner visa application that "looks good",I have overheard people in my workplace discussing "how much longer they have to hold out before their PR gets granted"...I have never been asked how to lodge a dodgy tourist or student visa.....I also know 5+ permanent residents who's relationship broke down after the 820 grant but their ex played along so they could get the 801 before officially breaking up....
> 
> ...


Same here Valentine, I was on a student visa too for 4 years. Tuition was around the same as yours (per annum) for an undergraduate degree. I was going to apply for another student visa to continue studying even though I had been for my partner for about 15 months then. My husband suggested that it is better for me to apply for a partner visa as we were definitely going to get married in the near future at that time, we were engaged then and we were (still are) very much head over heals about each other.

So we decided to go for the partner visa option and applied for it in Dec 2012, due to immigration providing us with incorrect information our application was rejected. We had been married at the time our application was rejected, we were devastated, depressed and stress levels were off the charts. We spoke to immigration again as we didn't want to mess things up for the future when we re-applied and they suggested that we should get offshore and apply for the 309/100 which we did and 16+ months later got the grant. As I always say- Love always WINS! 

Good luck to all lovebirds out there trying to make their way to their significant others. Your day will come, just keep praying and trust GOD! It'll happen 

Kind Regards,
Becky


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## LouElla (Mar 31, 2014)

I can safely say going via the Partner Visa is NOT an easy way into Australia, for me having no skills it was the only option I had to be with my partner HOWEVER we discussed it and I chose Australia over him coming to the UK because of the opportunities here were better for me and he had a better job than I had in the UK. Financially we could save more if I came to Oz. The amount of effort we have put in is exhausting, filling forms in, gathering evidence, Police Checks, Health Exams...it's just continuous. Even if I get my 820 granted I still have to collect evidence for two years for my 801, our whole life revolves around a god damn visa.

It's not been easy, it still isn't with the wait and 'what if' hanging over our heads, our relationship and future is in the hands of people who don't even know us. It's terrifying. 

I do agree it can be cheaper than most other visas but again that depends on your situation, it's stripped us of all our savings and we are now starting from scratch again. The worst part is if I am declined, we don't even get any of the money we have spent back. We are a two person family, yet only one of us can work, we have bills to pay, essentials to buy, food to eat, it's by no means been 'cheap' for us.

There is no 'easy' visa in my opinion and I'm glad they're cracking down on scam applications. It's heartbreakingly stressful for us genuine folks and the last thing we need is people who are happy to scam the system and make it even harder on us.


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## 135153 (Oct 18, 2014)

LouElla said:


> I can safely say going via the Partner Visa is NOT an easy way into Australia, for me having no skills it was the only option I had to be with my partner HOWEVER we discussed it and I chose Australia over him coming to the UK because of the opportunities here were better for me and he had a better job than I had in the UK. Financially we could save more if I came to Oz. The amount of effort we have put in is exhausting, filling forms in, gathering evidence, Police Checks, Health Exams...it's just continuous. Even if I get my 820 granted I still have to collect evidence for two years for my 801, our whole life revolves around a god damn visa.
> 
> It's not been easy, it still isn't with the wait and 'what if' hanging over our heads, our relationship and future is in the hands of people who don't even know us. It's terrifying.
> 
> ...


Well put Lou.. i can say no more


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## F&J (May 23, 2013)

It's good news that they are finally taking a bit more care in the fake marriage scams, knowing one couple whose marriage surprisingly broke up immediately after permanent residency was granted (albeit several years ago). My husband and I have distanced ourselves from the friendship as we didn't want to be implicated in it but it's still a worrying time. The husband in this case was not from a high risk country at all. We welcome any investigations from DIBP and they can ask us any questions they want as long as we have the right to ask them questions back.

I can understand the reasoning behind targeting so called high risk countries, every time I see a lovely 25 year old woman with an elderly Australian man I get angry, but feel that immigrants from all countries should be treated the same. Low risk countries are not immune to immigration fraud. 

The biggest issue we face is that my husband is finding it difficult to get work as his residency is still in limbo but he does make a great housekeeper and his cooking is out of this world!!!! We're now looking for a house with a big yard so he can have a dog and grow his own vegetables


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## F&J (May 23, 2013)

LouElla said:


> I can safely say going via the Partner Visa is NOT an easy way into Australia, for me having no skills it was the only option I had to be with my partner HOWEVER we discussed it and I chose Australia over him coming to the UK because of the opportunities here were better for me and he had a better job than I had in the UK. Financially we could save more if I came to Oz. The amount of effort we have put in is exhausting, filling forms in, gathering evidence, Police Checks, Health Exams...it's just continuous. Even if I get my 820 granted I still have to collect evidence for two years for my 801, our whole life revolves around a god damn visa.
> 
> It's not been easy, it still isn't with the wait and 'what if' hanging over our heads, our relationship and future is in the hands of people who don't even know us. It's terrifying.
> 
> ...


Couldn't say it better, My husband is Welsh and we are in the same position as you.

He says he feels like an alien, cannot integrate with the wider community because of his immigration status and the work situation is making it worse.


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## GBP (Jun 1, 2013)

LouElla said:


> I can safely say going via the Partner Visa is NOT an easy way into Australia, for me* having no skills *it was the only option I had to be with my partner .


a partner visa is a visa that doesn't require you to have any skills, only a relationship that can be faked, scam or whatever it is called.

Is it easier to fake an academic qualification, years of work experience, go through the skills assessment with bogus doc etc?


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## jeh6050 (Jan 24, 2014)

Valentine1981 said:


> 2) for partner visas you require NO skills...you don't even need to speak the language.....it is the only stream to Permanent residency that requires you to offer absolutely nothing to Australia.....


Although it is true that no skills are required to be granted a partner visa, please don't assume that those who have this visa have no skills.

I can assure you that many people I work with in the financial sector who have partner visas, myself included, are highly skilled professionals who are contributing to the Australian economy.

In many cases if you are lucky enough to have an Australian partner it is easier and cheaper to get a partner visa than a skilled migration visa. In my case I would have had to wait another two years for my new company to sponsor me for permanent residency, or moved to ACT for two years as they were sponsoring my skills at the time, or continued on a new 457 and not be a permanent resident.


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## Maggie-May24 (Jul 24, 2011)

Valentine didn't say partners have no skills. Her statement is accurate - a partner doesn't need to have employable skills or to speak English.

Although theoretically any visa could be obtained fraudulently, I agree that the partner visa is probably easier to get this way. It would be easier to get for room-mates to get friends to say they're in a genuine relationship vs. trying to get employment letters and degrees assessed for a skilled migrant visa).

It was only a month or so ago that a poster admitted they'd not told DIBP about a relationship that broke down before the PR was granted in order to let their former partner get a PR visa. http://www.australiaforum.com/visas-immigration/87970-5-years-limitation-partner-sponsorship.html


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## 135153 (Oct 18, 2014)

maggie-may24 said:


> Valentine didn't say partners have no skills. Her statement is accurate - a partner doesn't need to have employable skills or to speak English.


And your point is caller???

They don't require either because they are applying for a Visa that allows them to live with there Australian (Citizen) partner. That Australian chooses his/her partner and i doubt they do it based on employable skills.

Language??? Im lost on what point your trying to make as partner visa law makes mo mention of it.

I thought Valentine posted rubbish, but she can step back, she has been completely out-chavved!! I bet your another that thinks everyone on a partner visa who is not from the UK "is up to something"


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## Valentine1981 (Sep 13, 2012)

jeh6050 said:


> Although it is true that no skills are required to be granted a partner visa, please don't assume that those who have this visa have no skills.


Jeh6050 you are absolutely right and this was never my point as Maggie pointed out.  There are plenty of incredibly educated and skilled individuals on this forum who have applied for a partner visa and I have no doubt that the majority of 820/801 holders make valuable and significant contributions while they are in this country....my point was that immigration do not ask for this information during the application process.

GBP put it best with "Is it easier to fake an academic qualification, years of work experience, go through the skills assessment with bogus doc etc?"....the answer is no,it isn't.....

As for the language requirement,I believe a great deal of skilled visas require certain scores on the IELTS assessment and I've seen those exams,I'm British and I don't think I would pass them....so yes,another really difficult thing that partner visas do not ask you to do

LouElla and F&J....I know what you have gone through because I'm in the same basket....I am here on a partner visa,I know how hard it is to go through this process....my initial point which certain people have taken completely out of context is that putting together a bogus partner application is easier than defrauding another visa type....

Oh and the suggestion from SkelinOz that anyone on this forum believes that "if you are not from the UK and on a partner visa you are up to something"....is laughable....maybe when you've been on this forum for more than 5 minutes you will have a better understanding of the assistance given to migrants from all countries/socioeconomic backgrounds. Given the attitude you have shown in your 12 posts on this forum,I'd suggest the only person exhibiting chav like behaviour is you!!


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## Maggie-May24 (Jul 24, 2011)

SkelinOz said:


> And your point is caller???
> 
> They don't require either because they are applying for a Visa that allows them to live with there Australian (Citizen) partner. That Australian chooses his/her partner and i doubt they do it based on employable skills.
> 
> ...


My point is that the partner visa doesn't require the applicant to prove they have a university degree, that they have xx years relevant experience in their occupation, that they have level 7s in all IELTS bands. A lot of people aren't able to apply for a visa simply because their occupation isn't considered in demand in Australia, so they are out of luck. And if they've passed their 45th birthday they may as well simply abandon the idea.

People applying for a partner visa still have to jump through a lot of hoops, but they are often more manageable because it's a matter of digging up receipts, getting people to write statements, and perhaps simply waiting a bit longer until they have acquired enough evidence to apply.

No one is saying a partner visa is easy. But between the partner visa and the skilled migrant visa, it's got a lot more flexibility and if someone wanted to, it would be easier to get fraudulently. And when you hear stories about people cheating the system to get a visa, it's the partner visa path they've gone down.


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## aussiesteve (Mar 16, 2012)

Here is a link to an article in today's Courier Mail that will only make the situation worse for genuine applicants.
http://m.couriermail.com.au/questne...australian-visas/story-fni9r0nh-1227096338006


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## 135153 (Oct 18, 2014)

> Oh and the suggestion from SkelinOz that anyone on this forum believes that "if you are not from the UK and on a partner visa you are up to something"....is laughable....maybe when you've been on this forum for more than 5 minutes you will have a better understanding of the assistance given to migrants from all countries/socioeconomic backgrounds. Given the attitude you have shown in your 12 posts on this forum,I'd suggest the only person exhibiting chav like behaviour is you!!


LOL  I was waiting for the "you have only been here 5 minutes" and the low post count routine. Pity i dont bet because it was a racing certainty who was going to say it. Does this forum have a ignore button, if so your No1 on the ignore list.


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## CollegeGirl (Nov 10, 2012)

Okay, let's take it down a notch, please, with the personal comments. Ironically, I think we're all (largely) on the same page. None of us wants scam relationships to get through, and we all agree that there are some that do (and they should be reported). The Partner Visa application process is NOT easy, for sure - but, even if it is the "easiest" migration stream to provide fake documents for, what is the solution to that? Honestly, I think cracking down on the 801 IS the best solution at this point in time... they certainly shouldn't do away with the Partner migration stream just because it may be "easier" to fake in some ways than others. Australian citizens & PR deserve to be with their (genuine) partners. I think we can all agree on that.


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## F&J (May 23, 2013)

Dunno how either me or LouElla got dragged into that fracas and CG basically repeated what we both said. 

One of the most interesting things that I have seen is the link for the courier mail that assiesteve posted, considering the couple I know who had a very dubious marriage came through a student visa. Every visa is open to scam, 457 visas have been totally torn apart by scams, student visa .. the list goes on. Give me any sort of visa application and enough money, and even me, totally naive me, can find a loophole.

Chill baby, relax.


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## Becky26 (Jun 18, 2013)

LouElla said:


> I can safely say going via the Partner Visa is NOT an easy way into Australia, for me having no skills it was the only option I had to be with my partner HOWEVER we discussed it and I chose Australia over him coming to the UK because of the opportunities here were better for me and he had a better job than I had in the UK. Financially we could save more if I came to Oz. The amount of effort we have put in is exhausting, filling forms in, gathering evidence, Police Checks, Health Exams...it's just continuous. Even if I get my 820 granted I still have to collect evidence for two years for my 801, our whole life revolves around a god damn visa.
> 
> It's not been easy, it still isn't with the wait and 'what if' hanging over our heads, our relationship and future is in the hands of people who don't even know us. It's terrifying.
> 
> ...


Couldn't agree with you more. If waiting for a visa for over 16 months after our relationship of over 3 years is easy, then we need to look up the definition of easy. Those were the most painful days of my life.

My husband couldn't live in India, different culture and language. It would have taken him a lifetime to learn my mother tongue...lol and still not be able to learn it perfectly and make the kind of money he makes in Australia. My husband suggested that he was more than happy for me to go for the partner visa option as we did (and still do) have planned out our future and that we were going to get married without a doubt.

Getting a visa to Australia is VERY difficult. As for people who take advantage of the department's policy, there's always going to be people who will do those horrible things in the future no matter how strict the policies are made, such people always somehow will be able to find a way around the policies. But such cases cause issues for the genuine couples like many of yo stated. I just wish there was something that could fasten this process so families don't have to be apart from each other for like over 2 years or some even longer.

Making the rules strict on 801/100 visa re-assessment is their best option. I hope this stops the fake applications and paves a way for the genuine people who are living like fish out of water without their partner. I feel for you, I was in your shoes not too long ago.
Good Luck to all waiting! 

Kind Regards,
Becky


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## GBP (Jun 1, 2013)

Seriously, nobody is saying or hinting that a partner visa application is easy.
Instead, the point is, partner visa is one of the relatively easier visa to get by cheating, scamming or whatever you called it, compared to a work visa. I'm not saying there is no cheating or scam in work visa though. But it is easier to do that with a partner visa. All they have to do is to live with someone for 2-3 years and then they can get a PR. Do not underestimate how far some people willing to go, in order to get a PR. 

And I think it is ridiculous if the DIBP is not doing anything about it.


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