# Defacto 820 and 801 visa processing, and travelling while processing



## JulieNed (Oct 21, 2010)

Hi everyone,

I am currently on a working holiday visa as a french citizen and my australian partner and I lodged our defacto visa application yesterday at the Sydney DIAC since we wish to remain in Australia together.

They told us the average processing time was 9 months, when everyone says it was around 5-6 months, so I don't know if they say this to everyone so we won't call them all the time or if the processing time has just increased?!

Besides that I am planning to go to France with my partner for one month in february and since my working holiday visa expires in June 2011 it should be fine. Do you still have to inform the DIAC that you are planning on going on a holiday overseas for a month, if not what if the visa is granted while we are away?

Also I was wondering after our temporary resident defacto is granted, how long after id the permanent visa granted on average? because a lot of people have told me less than 2 years..

My partner and I were also thinking about going to live in France for a while next year but what would that do to our permanent residency application? would it stop or would it still be valid even if we are not living in aus at the time?

Thanks for your help!

Cheers,

Julie and Ned


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## Wanderer (Jun 16, 2007)

You are not the first person who has posted recently on being told a family visa could be nine months and whilst they could be giving out conservative estimates, there have been a few things occurring in recent times that could result in slower processing times.
As long as Immi have a contact with you via email, travelling should not present a problem and being an onshore visa, you need to be onshore for the granting of it and though there is no compulsion on Immi to notify people of where they should be for a visa grant, what has occurred with people onshore needing to be offshore for an offshore visa grant is that they do notify them re applicants advising on travelling offshore.
It would not hurt to put a 1022 form in advising of your travel intent.

Two years is the standard time to move from TR to PR though marriage, a long term relationship and/or children are factors that may have people getting PR quicker and you travelling overseas once you have TR should not affect PR, it being maintaining the relationship that counts and you can have the PR granted whilst abroad.


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## Roverto (Feb 20, 2010)

Wanderer said:


> Two years is the standard time to move from TR to PR though marriage, a long term relationship and/or children are factors that may have people getting PR quicker and you travelling overseas once you have TR should not affect PR, it being maintaining the relationship that counts and you can have the PR granted whilst abroad.


Normally it takes 2 years to move from TR to PR through marriage (Spouse visa), is this 2 years counted from the time the application is made for TR or is it from the time you received your TR?

If not mistaken, I read somewhere it is from the time you apply for the TR, but not quite sure.


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## JulieNed (Oct 21, 2010)

Hey Roverto,

It's 2 years from the time you first lodged in your application, i've been looking at some posts of people saying they got theirs in a few months though, of course it depends on the relationship time etc



Roverto said:


> Normally it takes 2 years to move from TR to PR through marriage (Spouse visa), is this 2 years counted from the time the application is made for TR or is it from the time you received your TR?
> 
> If not mistaken, I read somewhere it is from the time you apply for the TR, but not quite sure.


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## JulieNed (Oct 21, 2010)

My partner and I have actually been thinking of going to France in September and living there together for a few years, and I was wondering if it was ok to still be outside Australia and be granted my permanent resident visa?
I also would like to know if we live in france for a few years and then come back to australia, would my PR still be valid or would I have to apply for a new one??

Thanks!


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## Wanderer (Jun 16, 2007)

As above


> and you can have the PR granted whilst abroad.


 , details @ Partner Visa: Onshore Temporary and Permanent (subclasses 820 and 801) and best to read all links including *after you lodge* that has info re change of address.
Normally when granted a PR, you will need to validate your visa by a nominated date and not sure but I'd think it is going to be the same a sponsorship PR is granted.
If so, there would need to be a trip back to Oz to do that and then you can stay abroad for up to five years from grant date of the PR.


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## Kash (Nov 3, 2010)

hi everyone!
i would like to ask, is there a limit as to how long i should stay overseas if currently im holding a temporary spouse visa? i have already purchased a ticket for a 2 months vacation and i am concern whether this may affect the decision of my permanent residency..

thank you very much and more power to this site!


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## Wanderer (Jun 16, 2007)

It'll be OK for you to take a two months trip while on the TR visa Kash.


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## Kash (Nov 3, 2010)

Hi Wanderer! 
Thanks for being so helpful.. Now i got no worries.


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## kyl (Dec 6, 2010)

hi everyone, 
ive submitted my application for de facto on 22th Oct 2010 (Onshore, appointment make in Perth). CO assigned the same date. Both Australia and Malaysia police check have not submitted. 2 weeks ago I via mail to my officer and ask her should i just drop off my police check to her and she reply say i do not need to meet her yet and i do not have to drop off till i get inform. 
5 Dec, i via email to my officer again and ask for updated news for my application, she reply me will take her approximate 6 months to process my application from the the date i submit my application. i am getting worry and nervous deal to my student visa situation. I might get granted with Bridging E if my student visa get cancel. If i get granted Bridging E, i might have to get stuck in Perth during Chinese New year. My parents do wish i go home during this new year since i have not been home for long. I do not want to upset my parents and i do not know what can i do to get things improve. Seeing the time frame, i just dunno.....


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## Wanderer (Jun 16, 2007)

You need to decide what is more important:
. Maintaining your student visa and not risking your further application.
. If your studernt visa finishes rather than gets cancelled, you ought to get a Bridging A and then could apply for a B to travel.


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