# 801 visa granted! Woooo!



## johnfm (Aug 28, 2013)

11 July 2014, 10 months and 12 days after applying!

So happy I could barf!

AND in other good news (which might explain why my visa was granted) Australia is lifting its restrictions on migration for HIV-positive people! Now, instead being assessed against exclusionary and particular criteria, HIV-positive people will be assessed the same as those with any other chronic medical condition! Today's a great day!

http://www.unaids.org/en/resources/presscentre/pressreleaseandstatementarchive/2014/july/20140710psaustralia/


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## CollegeGirl (Nov 10, 2012)

Oh John, SO happy for you!!! That is the BEST news!!!! I was so hoping this was what was going on with your visa.  Enjoy your well-deserved life in Aus.


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## Dinkum (Jan 5, 2014)

*Congratulations!*

Hi John. Fantastic wonderful news! So happy for you both. Thanks for sharing the details of your journey. Enjoy a fabulously happy long life together in Oz. Time for champagne... Lets's hope ours is a little closer. What city did you apply in? We're in Sydney. Cheers.... WooHoo!!!



johnfm said:


> 11 July 2014, 10 months and 12 days after applying!
> 
> So happy I could barf!
> 
> ...


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## johnfm (Aug 28, 2013)

Thanks CG and Dink!

My whole journey with immigration was long and convoluted, but hopefully it can be of help to others.

I first arrived in Australia in December 2010 on the ETA tourist visa, spending the months of January and March 2011 in the country. I arrived indefinitely on 17 June 2011 having applied for a Work and Holiday visa (subclass 462). My partner and I figured this would be the easiest visa to obtain to allow me to stay in the country. While applying for that visa I disclosed that I had some minor criminal convictions from when I was 18, but had been told that they would be no impediment to my residing in the country.

After several months of not hearing anything (when the 462 is usually granted in weeks, if not days) I finally received a Notice of Intention to Cancel due to non-disclosure! Though I had disclosed the convictions in my visa application, I had NOT disclosed them on my entry cards, the little ones you fill out on the plane every time you come into the country. I had misunderstood the question to mean the same thing as asked on the ETA website, i.e. criminal convictions resulting in jail terms of more than 12 months. The entry cards refer ANY criminal convictions whatsoever.

After a lot of pleading and supplication and evidence that I'm not a hardened career criminal, DIAC then granted my Work and Holiday visa. After a few months my partner and I realised that we would face a problem in applying for further visas. He had sponsored his previous partner to immigrate, and as DIAC puts a 5 year limit on sponsorship unless the relationship is longstanding. We decided the best way for me to stay in the country was to apply for uni program sooner rather than later.

I was accepted into Melbourne Law School and promptly applied for a student visa (subclass 573). I didn't think there would be any issues with the character requirement as they'd dealt with it for the Work and Holiday visa. However, I knew there might be a minor issue for the health requirement as I'm HIV-positive. I disclosed my status and figured they might require some additional evidence, so was shocked when they said I didn't meet the health requirement and they were going to deny the visa!

I ended up having to comb through the PAM3 (the Immi officer's manual) to find out all the criteria on which they decide the health requirement. I ended up writing a 6 page letter explaining why I _should_ meet the health requirement. Basically when they cost out health conditions, they make assumptions based on the hypothetical scenario of the person with the same circumstances as the applicant. I argued that, because I had started anti-HIV treatment electively and NOT because I met the medical criteria for it, so the hypothetical person with my condition wouldn't cost nearly as much as they assumed. Fortunately, they accepted this and found that I had satisfied the health requirement. The funny thing about this to me is that as a student I wouldn't be able to get Medicare, making the whole thing moot!

Anyhow, I had started researching the 820/801 visa, and seeing that it would take a long time - I had talked to some HIV-positive people who said their visas took FOUR YEARS to process - we decided to start preparing for an application. I spent about 9 months gathering all the evidence and documents needed for the application, and ended up applying on 29 August 2013. We also wanted to get it in before the change in government, as we weren't sure how they might change migration policy.

I front-loaded everything, trying to anticipate any questions or objections they might have. The big issues with our application were the character requirement; the health requirement; and my partner's previous sponsorship. The stack of documents we submitted was about four inches thick and weighed 2.5 kg!

It turned out that my zeal to get everything front-loaded actually hindered my application. I had gone to Medibank for the medical exam in March prior to submitting my application. When it approached a year after the exam without hearing anything about the visa, I contacted DIBP to see if I needed another exam. The agent I spoke to said they had no record of my exam! I called Medibank, and after four hours on the phone was able to get them to understand that they needed to pair my medical exam with my immigration file. It was beyond amazing, as I ended up having to explain to the visa medical people how the visa medical process worked!

Anyhow, after doing that, things started moving. A few months later I was contacted by my case officer, who explained that the sponsorship and character requirements were fine, but that they needed more evidence for the health requirement. Strangely it was all my and my partner's financial information. I mean ALL of it: every bank and credit card statement since our relationship began, evidence of all our assets (including the value of my partner's wine collection!, liabilities... everything! We submitted all that at the beginning of June. My CO told me that health waivers usually take a long time to process and not to hold my breath.

I still thought that, even though our relationship was longstanding, DIBP would put me onto the 820 visa because of all the different issues affecting my visa.

As I'm getting ready to apply for graduate jobs and the like, and knowing that international applicants are at a serious disadvantage, I decided to check VEVO yesterday morning, just in the off chance that anything had happened. To my surprise, a message came up saying the details entered did not match my current visa! I called DIBP straightaway, and after an hour on hold was given a password. Lo and behold, 801 visa granted just yesterday morning! Wootwootwoot!


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## cdninoz (Jul 5, 2012)

Awesome, congratulations John!!!


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## Dinkum (Jan 5, 2014)

Hi John
WOW. What a story. You have real perseverance, not just patience. Your candidness, determination and attention to detail have really paid off. It also shows that DIBP will respond to a well-presented argument and are capable of changing their minds. I am sure your motivation was to be with your partner, so your love for each other must be strong. All power to you both. I'll be watching to see His Honour Justice JohnFM appointed to the High Court in years to come. There's precedent...hehe! Enjoy your weekend of celebration and life together beyond.


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## CollegeGirl (Nov 10, 2012)

Dinkum said it perfectly! I am so amazed by your story, John - thanks so much for sharing it!  Like I said before - enjoy your permanent life in Aus! You so deserve it!


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## Xyzaus (Jun 17, 2013)

Congratulations John. Very happy for you.

I applied on the same day as you and still waiting. Hope it means mine is coming soon too


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## johnfm (Aug 28, 2013)

Thanks everyone! I still find myself checking VEVO every few hours, out of habit and just to see the words "Resident" in big bold letters. Still waiting on all the "official" stuff from DIBP, but just glad to know I can stay here! Woot!


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## Dinkum (Jan 5, 2014)

Hi John - 
So Vevo actually says 'Resident'. It must give one a really good feeling. 
It will be interesting to see how long it takes from the date Vevo updates till the date you finally get all the official stuff by mail or email. 
Cheers...hope you had a great weekend.


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## johnfm (Aug 28, 2013)

I'm not sure, but I would have thought it would have happened by now. Perhaps the fact that it was granted right before the weekend means there's still a bit of work to be done to formalise it!


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## chris80 (Mar 30, 2014)

Congrats!!!


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## Becky26 (Jun 18, 2013)

*Congratulations!!!!!*



johnfm said:


> 11 July 2014, 10 months and 12 days after applying!
> 
> So happy I could barf!
> 
> ...


*Congratulations John!! 
Have a wonderful life ahead. Take Care.

Kind Regards,
Becky*


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## doggie_lover (Jul 29, 2014)

congrats john. good to hear that


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## RogerA (Dec 30, 2011)

Hi, congrat on your visa approval!
May I ask few question as I'm HIV+ and applied de facto visa with my australian citizen partner in 2012. And just last month we got letter from the department asking for more updated info (AFP and De facto evidence and letter stating about health waiver) 
My question is, before you get your approval did the department ask you about this paper or did they give you letter explaining that you can apply for health waiver?


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## davejochow (Mar 27, 2014)

Hi,
I was talking to my sister who is a doctor and that medicine related to HIV is so good now, that the lifespan is roughly the same as someone without it. I think because of this, it is not such a negative thing as it was 20 years ago. Hope all goes well.


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## RogerA (Dec 30, 2011)

Did the MOC stated how much you will cost to the community? As I got that letter saying I need updated AFP and Waiver paperwork and also new evidence if our relationship. I been with my australian partner almost 5 years now.



johnfm said:


> Thanks CG and Dink!
> 
> My whole journey with immigration was long and convoluted, but hopefully it can be of help to others.
> 
> ...


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## sanoptic (Nov 30, 2012)

My partner got her 801 on Wednesday 20th August & received the grant letter by registered mail on friday the 22nd.

cheers


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## Dinkum (Jan 5, 2014)

*Congratulations!*

Great news. Best wishes to you both for a wonderful life together in Oz. 



sanoptic said:


> My partner got her 801 on Wednesday 20th August & received the grant letter by registered mail on friday the 22nd
> cheers


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## Becky26 (Jun 18, 2013)

*Congratulations!!!!!*



sanoptic said:


> My partner got her 801 on Wednesday 20th August & received the grant letter by registered mail on friday the 22nd.
> 
> cheers


*BIG Congratulations sanoptic!!!!  Have a wonderful life ahead with your partner. God Bless You!!
Thanks for sharing the good news with us.

Best Wishes,
Becky*


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## sound (Nov 21, 2014)

*sound*



johnfm said:


> Thanks CG and Dink!
> 
> My whole journey with immigration was long and convoluted, but hopefully it can be of help to others.
> 
> ...


 hi johone happy to hear that you got visa i m having same bote like you would you abel to help me and tell me what did you face the problem and WHAT DID YOU DID I M FELLING REALLY STRESS FULL LIFE HERE IF YOU ABEL TO TALK TO ME THAT REALLY GOOD


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## sound (Nov 21, 2014)

hi johone happy to hear that you got visa i m having same bote like you would you abel to help me and tell me what did you face the problem and WHAT DID YOU DID I M FELLING REALLY STRESS FULL LIFE HERE IF YOU ABEL TO TALK TO ME THAT REALLY GOOD


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## jack1234 (Jan 14, 2016)

*hi*

hi first of all congratulation , can you pls provide me your agents number or may contact me bec i am feelling really stress if you bit help me out from some information

thanks


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## RogerA (Dec 30, 2011)

*To Jack1234*

Hi Jack1234,

How complicated is ur situation? My lawyer really good in HIV related immigration case. Her name is Kathryn Viegas from Brett Slater Solicitor.
Have a meeting with her and mention my name she will be happy to look after you.


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## jack1234 (Jan 14, 2016)

RogerA said:


> Hi Jack1234,
> 
> How complicated is ur situation? My lawyer really good in HIV related immigration case. Her name is Kathryn Viegas from Brett Slater Solicitor.
> Have a meeting with her and mention my name she will be happy to look after you.


Thanks for replay would you Abel to send me message on [email protected] so I can explain my situation and so I can give more details about it


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