# 820 to 801 wait and 3-year requirement



## guscas (Apr 23, 2017)

Hi all,

Apologies if this question has already been answered here - I went through 20 Google results pages on australiaforum.com without success.

My partner is on an 820 visa with me. We applied in Aug 2016, at which point we had been over 2.5 years in a de facto, registered relationship. we have now been over 3 years in this de facto relationship.

How come we are not able to apply for the 801 visa now given we have been over 3 years in a de facto relationship? I understand the three-year requirement for immediate 801 granting is from the date of lodgement, but this requirement seems rather unjust and, frankly, gamifiable (won't get into how, as I don't want to make this post too long).

Does anyone know DIBP's reasoning behind having the 820-to-801 be a two-year wait from lodgement? Why isn't it just a wait until a couple completes 3 years in the relationship?

Are there any avenues we can pursue for our case to be considered for earlier 801 grant?

Thank you very much for taking your time reading this! =)

Gus


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## ampk (Sep 21, 2013)

Last first Gus.

No the 3 year is a "time of application" requirement - if at time of application you did not meet the requirement you can not be considered.

I assume for new relationships and newly weds the 2 years was to re check on genuine relationships (years ago you could basically walk into a embassy fill the forms pay a small fee and have a brief interview and pick up a visa label a day or 2 later).

These wait times are now distorted due much increased processing times.


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## Nobody00 (Dec 27, 2016)

In exact same situation as you OP. 
We've celebrated our 5th year relationship anniversary and a week later got 820. At the time of application we were defacto for 2.5ish years so no 801 for me.  

The whole idea of waiting 2 years to ensure relationship is real makes perfect sense and is how it should be. I believe the system needs an overhaul though. Due to increased processing times if they keep increasing by next year people can be eligible for 801 by the time co is assigned. This kinda defeats the purpose of 2 part visa. And makes current wait times closer to 3-4 years. + the lovely 4 year wait for citizenship after. 

Considering they are making PR applications harder across the board I doubt any changes will make it faster or easier though...


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## Skybluebrewer (Jan 15, 2016)

Unfortunately, jumping straight to PR is only for people who meet the requirement at the time of applying. Waiting until the 3 years before applying would have sped it up for you.


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## guscas (Apr 23, 2017)

Thank you for the responses, everyone.

Skybluebrewer mentioned something that really bugs me about it. We could have applied to extend her student visa instead and essentially gamed the system, but we decided to take on the proper road instead and are now at a disadvantage.

Also, if we had 7k to spare, we could just make a new application and have her 801 be approved before the current one comes through.

Far from a fair system.


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## guscas (Apr 23, 2017)

Nobody00 said:


> In exact same situation as you OP.
> We've celebrated our 5th year relationship anniversary and a week later got 820. At the time of application we were defacto for 2.5ish years so no 801 for me.


Sorry to hear you're in even a worst case than ours.

Out of curiousity, how long did you have to wait for your 820 approval? Our wait was only 6 months while we had friends wait (still waiting) for over 15 months. I'm curious if length of the relationship plays a role.


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## Nobody00 (Dec 27, 2016)

guscas said:


> Sorry to hear you're in even a worst case than ours.
> 
> Out of curiousity, how long did you have to wait for your 820 approval? Our wait was only 6 months while we had friends wait (still waiting) for over 15 months. I'm curious if length of the relationship plays a role.


Yeah it sucks 

Applied late December 2015; approved early April 2017 so that's 15 months. i didn't really care how long the wait was at that point - kinda hoping to wait 24 months and get on 801 straight away lol. Oh well...

There is so much randomness with waiting times I don't know. I'm just glad 801 eligibility is calculated from application date and not 820 grant date. Wouldn't that be terrible?  some people get 820 super fast, some take forever. It's 801 that matters really...

I've actually read somewhere here of couples withdrawing application once that 3 year period is reached and reapplying to get PR faster. I guess if they have the money...


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## guscas (Apr 23, 2017)

Nobody00 said:


> Yeah it sucks
> 
> Applied late December 2015; approved early April 2017 so that's 15 months. i didn't really care how long the wait was at that point - kinda hoping to wait 24 months and get on 801 straight away lol. Oh well...
> 
> ...


Fingers crossed our 801s will come through quickly. We are slam dunk easy cases. =)


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## Mish (Jan 13, 2013)

guscas said:


> Fingers crossed our 801s will come through quickly. We are slam dunk easy cases. =)


Unfortunately, at the moment it is 75% of applications processed within 15 months and 90% within 20 months.


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## Nobody00 (Dec 27, 2016)

Yeah. By December when I can apply for 801 it'll prob be 24 months wait. 

I'm applying for Enrolled nursing diploma at tafe with logic: I'll get PR by the time I finish and do a grad year and then can go on and do masters degree...

Not expecting a fast 801 grant. Oh well such is life. Just hope I can save enough money for uni as no hecs any time soon.


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## gleezie17 (Mar 14, 2017)

Interesting, I must have been given incorrect information as I thought the 801 was granted much quicker! Do you have to provide evidence again once your application is looked at? I am applying for the 801 on Friday and I thought I was done


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## Mish (Jan 13, 2013)

Some people have been asked for additional evidence when the case officer looks at the application, others not.


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## Nobody00 (Dec 27, 2016)

ccoulter said:


> Interesting, I must have been given incorrect information as I thought the 801 was granted much quicker! Do you have to provide evidence again once your application is looked at? I am applying for the 801 on Friday and I thought I was done


I haven't looked into it properly yet, but seems like it's another stack of evidence from date 820 was granted till 801 application.

I'll be getting couple fresh stat decs; keeping track of joint expenses and financial statements, keeping receipts etc... should be easier now that I know what I'll need.

Hopefully officer with be satisfied with stuff I submit initially and not ask for any extra. However will be keeping everything we do together in the next 3 years just in case.


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## SharKs (Feb 12, 2017)

Hi,

I just wanted to say that my partner and I lodged our application 3 years and 10 days after we moved in together, and we still didn't get the 801. We wanted to apply six months earlier but decided it was worth waiting a bit longer so we could go straight to 801.... they still didn't grant it. I'm waiting for a response as to why we didn't get it. When the 820 was granted we were living together for almost 4.5 years. We have been in a relationship for 5.5 years... we've known each other for over 6 years.


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## Arabella (Sep 18, 2015)

SharKs said:


> Hi,
> 
> I just wanted to say that my partner and I lodged our application 3 years and 10 days after we moved in together, and we still didn't get the 801. We wanted to apply six months earlier but decided it was worth waiting a bit longer so we could go straight to 801.... they still didn't grant it. I'm waiting for a response as to why we didn't get it. When the 820 was granted we were living together for almost 4.5 years. We have been in a relationship for 5.5 years... we've known each other for over 6 years.


I'm really not sure why you haven't got 801. Seems very odd to me.


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## Nobody00 (Dec 27, 2016)

SharKs said:


> Hi,
> 
> I just wanted to say that my partner and I lodged our application 3 years and 10 days after we moved in together, and we still didn't get the 801. We wanted to apply six months earlier but decided it was worth waiting a bit longer so we could go straight to 801.... they still didn't grant it. I'm waiting for a response as to why we didn't get it. When the 820 was granted we were living together for almost 4.5 years. We have been in a relationship for 5.5 years... we've known each other for over 6 years.


I'd definetely question that. Tell us what they say when they reply.


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## Mish (Jan 13, 2013)

SharKs said:


> Hi,
> 
> I just wanted to say that my partner and I lodged our application 3 years and 10 days after we moved in together, and we still didn't get the 801. We wanted to apply six months earlier but decided it was worth waiting a bit longer so we could go straight to 801.... they still didn't grant it. I'm waiting for a response as to why we didn't get it. When the 820 was granted we were living together for almost 4.5 years. We have been in a relationship for 5.5 years... we've known each other for over 6 years.


They should change it. There was a forum member that been together 6 years (from memory) with 2 kids and they were only granted the 309, they ended up getting the 100 about a month later after they asked why.

Sometimes it just gets overlooked.


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## CollegeGirl (Nov 10, 2012)

Yep, agree with the above - keep hounding them about it. As long as you had solid evidence to show you were de facto more than 3 years before you applied, you definitely should have gone straight to PR. It's worth staying on them about.


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## SharKs (Feb 12, 2017)

CollegeGirl said:


> Yep, agree with the above - keep hounding them about it. As long as you had solid evidence to show you were de facto more than 3 years before you applied, you definitely should have gone straight to PR. It's worth staying on them about.


Thanks! Gives me hope we don't have to go through this whole 'evidence' process again...although at least it would be for one year instead of 5, lol.

The evidence that we have are a joint bank account opened at the start of January 2013 (with the statements... ), letters from january 2013 to my partner and me to the same address, my plane booking to come to australia... other than that I can think of numerous stat decs from friends who wrote that we've been living together for 3+ years... should be enough right?


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## Valentine1981 (Sep 13, 2012)

guscas said:


> Fingers crossed our 801s will come through quickly. We are slam dunk easy cases. =)


I wouldn't get your hopes up! My application was a slam dunk easy case and I'm "low risk" with a UK passport...still took 10 months (11 months from eligibility as I didn't get myself organised and didn't apply until 1 month after my 2yrs ticked over)


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## Valentine1981 (Sep 13, 2012)

gleezie17 said:


> Interesting, I must have been given incorrect information as I thought the 801 was granted much quicker! Do you have to provide evidence again once your application is looked at? I am applying for the 801 on Friday and I thought I was done


this is what I supplied to DIBP (have removed names/addresses etc)

FINANCIAL EVIDENCE

1.1 NAB Bank statements from my account June 2014 - October 2014 with transactions highlighted related to the relationship

1.2 NAB Bank statements from from hubbys account June 2014 - October 2014 with transitions highlighted related to the relationship with

1.3 NAB Bank statements of the joint account September 2014 - December 2015

1.4 NAB Receipt and accompanying joint bank statement to show the payment to lawyers for the purchase of house

1.5 Certificate of currency for our Landlord insurance policy for house with NAB in both names

1.6 Unity Water account for house in both names

1.7 Sunshine Coast Council rates for house in both names

1.8 Tax invoice from our real estate agent for rent payment from the tenant who currently occupies house

1.9 AAMI Certificate of insurance for the car registered to me. 2nd driver listed as hubby

NATURE OF HOUSEHOLD

2.1 Stat dec from MiL to confirm that we still reside at her house. (certificate of ownership and certified copy of MiL's passport were provided with the 820 application)

2.2 Current electricity bill for current address showing it is in MiL name

2.3 Current water bill for current address showing it is in MiLs name

2.4 Current gas account for current address showing it is in MiLs name

2.5 Council rates for current address showing it is in Mil's name

2.6 Transaction history from my personal account to show weekly rent payments

2.7 Copy of hubby's drivers licence showing current address as his residence

2.8 Copy of my drivers licence showing current address as her residence

SOCIAL CONTEXT OF RELATIONSHIP

3.1 Screenshot of my Centrelink account to show spouse and listing our child

3.2 Facebook screenshot of our wedding day - 155 likes and 41 comments

3.3 Facebook screenshot and tickets from theatre trip to see Les Miserables - 30th April 2015

3.4 Facebook screenshot of the announcement of our daughter's birth - 187 likes and 146 comments

3.5 Photographs with friends/family from July 2014 - December 2015

3.6 Reservation confirmation for our honeymoon Aug 2014-Sept 2015

3.7 Reservation confirmation for our Fiji holiday with hubby's sons Dec 2014

3.8 Reservation confirmation from for a QLD holiday

3.9 Reservation confirmation for QLD trip for final inspection of house after purchase and former owners had vacated the property

NATURE OF COMMITMENT

4.1 Certified Copy of Marriage certificatey

4.2 Certified Copy of Birth certificate for our daughter

4.3 Correspondance from Lawyers confirming settlement of the purchase of our future home

4.4 Registration Confirmation statement for the property we purchased listing us both as joint tenants.

- We also provided updated stat decs about how our relationship has continued and developed since the grant of the 820...
- 3 form 888's from the same friends who we used for the 820
- updated police check

it's not nearly as in depth as the 820 application was but it's no longer the simple process with a grant in a few days/weeks


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## MarcellusF (Nov 6, 2015)

If that's not an exhaustive amount of evidence, then I don't know what is


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## Alias99 (Jan 3, 2018)

anyone here who got 801 visa straight away? we just applied today. we are together nearly 4 years. what sort of evidence will help the most?


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## Mish (Jan 13, 2013)

Alias99 said:


> anyone here who got 801 visa straight away? we just applied today. we are together nearly 4 years. what sort of evidence will help the most?


We didn't we went PMV -> 820 -> 801.

The evidence that will help the most to get 801 straight up is showing that you have been de facto an/or married for more than 3 years vs being together for 3 years. You need to satisfy the de facto or marriage requirement as 3 year relationship can just mean dating and won't qualify.

The kind of evidence that immigration will be looking for will be things like a joint lease showing you lived together, along with joint bills, joint bank statements, house insurance, health insurance etc. Basically anything showing that you have been living is really strong evidence.


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