# Spouse / Partner Visa (Subclass 820) Lodged!



## Miss Swan (Apr 24, 2008)

Hey guys, I just lodged my partner visa application yesterday, 06 Aug '12 and I have to say it was a breeze, quite different from what I'd heard from past applicants. Times have changed!

Here's my experience, and I hope some of the information would be useful for those who are planning to apply 

The night before lodging, I went through all my documents again, making sure all 'i's are dotted, all 't's crossed. Got my husband to look through the application papers as a third eye - I specifically told him to look out for any unanswered questions, and also to ensure that the information stated was correct. Oh, and I have been preparing this application for over 2 years lol...from researching to printing to photocopying to notarising to collecting statements. Phew! My paperwork was 5cm thick (which is nothing compared to some which are 10cm thick). In case anyone is wondering how I stored my paperwork, I took an A4 carton box (the ones used to store reams of A4 paper) and cut the body to height. So I got a custom-made box! I read in this forum about applicants putting their paperwork in pocket files or folders but I wasn't able to visualise how I was going to fit thick stacks of papers into the pocket folders. Each main section was held together by paperclips, and for sections where they got too thick, I didn't bother to bind that section. After all, all the papers fit nicely into my custom-made box.

Now earlier on, a week before lodgement, I'd called the DIAC hotline to ask if I needed to make an appointment to lodge my application, and I also wanted to ask about visa payment since payment is going to be made through my debit card, which requires the applicant to lodge the application in person. The phone officer apparently told me that I do not have to make an appointment, as appointments are only for applicants who are dangerously close to their visa expiring and need their applications expedited. This officer told me that I could go up to the counter and tell the staff that I wanted to make payment for my application, after which they'd give me a receipt and I can attach it to my application and send the whole thing off by post.

Just 3 days before lodgement, I booked a medical appointment to expedite the processing time. Since the immigration office was just a few doors down from the medical centre, I went to the immi office to verify the payment procedure. Now here's the cruncher. The counter staff told me, no I can not make a pre-payment. I have to lodge and pay at the same time. There's no how or why or what. It just isn't the procedure. Different people are telling me different things My tip for would-be applicants is, if you have time, go down to the immigration office in person and get all your inquiries answered.

With paperwork all in place, on that Monday morning, I made my way down to the Brisbane Immigration Department located in the city, with sister-in-law in tow. I was earlier advised to avoid the hours of 11am-2pm as it was lunch time and a lot of staff won't be around. We got there around 10am, although the office opens at 9am. Still, it wasn't packed at all. I'd say there were around 2 or 3 people (or maybe just 1? My memory's going..) ahead of me in the counter queue. Well I explained to the counter staff what I wanted (to lodge a partner visa application), and she asked to sight Forms 47 and 40, mainly to ensure that both the applicant's and sponsor's signatures have been put down. (This seems to be a particular point with DIAC, so do take note of this.)

The wait was unbelievably short. My number was up next and I don't think I waited over 5 minutes for my ticket to be called. Once I started talking to the lodging officer, here's where it got very cool and exciting. She was helpful and efficient, not exactly bubbly friendly but definitely polite and professional, and in some ways reassuring. Like the counter officer, she took flipped through Forms 47 and 40, making sure that the signatures are in place.

I was a little nervous when lodging the visa, because I came here on a tourist visa and wasn't sure how my lodgement would go. I did try to explain this to the lodgement officer but amazingly she just brushed my concerns aside ("oh that's fine!"). Once she keyed in my details, she immediately gave me a bridging visa, no questions asked (oh wow!!) and even swivelled the computer screen so we could both look at it and I could see how my bridging visa was queued under my existing tourist visa. This meant that once my tourist visa expires in 2 months, my bridging visa would come into effect. She explained that I wouldn't be able to work on the bridging visa, but if I wanted to, all I need to do is fill in Form 1005 to request to change the conditions on my bridging visa. She made it sound so easy - "It's just a 2-3 page form." She was absolutely helpful. She wrote out the date when my bridging visa will be validated, and also wrote about Form 1005 on a sticky note. I was asked to pay the visa fee (AUD3,060 - up from AUD2,960 last financial year), got my receipt, and that's done!

Another interesting fact that the officer told me, and which I wasn't aware of, is the 2-year waiting period to obtain Australia PR starts from the date of lodgement, not the day of visa approval or when the bridging visa starts. How nice is that!

As for processing times, my sister-in-law did the questioning this time (I didn't bother asking because I've read so many times in this forum that it's very subjective and can take as fast as a month or as long as a year), and the officer said that it could take up to 12 months to be assigned a case officer, and once the CO goes through my file and is satisfied, the visa can be granted just like that (the officer snapped her fingers )

Let me know if anyone has questions on my experience, post it in this thread so that all can read and learn from each other.


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## T. rex (Aug 7, 2012)

Hi Miss Swan---
What you wrote here is super useful for me. I am also going to be applying for a spousal visa in Brisbane. I want to ask you a question though-- I am a US citizen who will be marrying an Australian citizen next April (2013, in the US). I am living in the US now and I want to move to Australia the end of 2012 (October or November). I know that if I submit a prospective marriage visa, I will have to do it all over again and submit a spousal visa once we get married. I see you said you were over in Oz on a tourist visa- for how long? I am wondering if I should just get a tourist visa so I can come over soon and focus on applying for a spousal visa once we are actually married in April. Is this what you did? If you could give me a spot of advice it would be excellent as I don't want to be stuck in the US making the prospective visa application when I could be in Australia sooner!


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## Miss Swan (Apr 24, 2008)

Hi T. rex,

Yes, what you just stated above echos my initial hesitation with going for PMV. Double documentation, double work, double carbon footprint! Mine is a 3 month tourist visa. You might want to check your visa stay conditions, since different countries are given different limits. I came to Oz on 4 July (Independence Day!), got married on 14 July and submitted on 6 August. So that's a month plus a couple of days later. 

You could do the same as I did, with fingers crossed. Some people have mentioned that coming on a tourist visa to get married and file a visa application is not encouraged at all, as a tourist visa is meant for visiting/touring purposes. But I did come to Oz to visit my partner and there were certain pressing circumstances that led me down this route. My original plan was to file it offshore, where processing times are faster and fees are lower.

So I hesitate to say that this is a safe and recommended route for you or everyone. But I know a fairly large number of people who have done it this way (tourist visa -> onshore application) and the lodgement officer DID shrug off my concerns. From her body language, it was like 'nah, don't worry it's fine.'

Let me know if you have further questions 

All the best!


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## anj1976 (Apr 24, 2008)

and everyones circumstances are different, those who can apply offshore and have time in hand should do so. Make sure you weight pros and cons before you take a route and speak to a few people and agents


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## Guest (Aug 7, 2012)

Miss Swan, the clerk you handed your visa is just that, a clerk. They will know little about the immigration rules and regulations no more than the receptionist in your doctors surgery knows how to treat you medically. 

I would be wary about applying for permission to work. You have stated in your application your partner can support you and by claiming hardship you are saying he can't!


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## Miss Swan (Apr 24, 2008)

_shel said:


> Miss Swan, the clerk you handed your visa is just that, a clerk. They will know little about the immigration rules and regulations no more than the receptionist in your doctors surgery knows how to treat you medically.
> 
> I would be wary about applying for permission to work. You have stated in your application your partner can support you and by claiming hardship you are saying he can't!


Good on you for pointing that out. I was rushing to catch the bus when I wrote my first post and didn't have time to explain further!

What I wanted to include was, when it comes to getting permission to work, I wouldn't take this form for granted, and assume working rights will automatically be given to me once I apply for it. It is still very much up to the processing officer and how he/she assesses each individual application.


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## Guest (Aug 8, 2012)

They should be given to you, I've not heard of someone being denied. But be wary and think about what you and your partner wrote in your application form & declarations. If you stated your partner earned $x and owns their own home and can afford to take care of you and be your sponsor, don't directly claim otherwise in the application to work because it could effect your spouse application given you have to explain your reasons for hardship when applying to work.
If on the otherhand your spouse application was like mine. Saying we support each other, both earn & pay for the home & i don't rely on my partner and he doesn't rely on me and I expect to work so we can carry on doing so. You wouldn't be contridicting what you claimed.


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## T. rex (Aug 7, 2012)

Miss Swan said:


> Hi T. rex,
> 
> Yes, what you just stated above echos my initial hesitation with going for PMV. Double documentation, double work, double carbon footprint! Mine is a 3 month tourist visa. You might want to check your visa stay conditions, since different countries are given different limits. I came to Oz on 4 July (Independence Day!), got married on 14 July and submitted on 6 August. So that's a month plus a couple of days later.
> 
> ...


So I was at a conference this week and there was an official department of immigration desk (I'm in Australia now) I asked if I would be able to come here on a working holiday visa to do some volunteer work (from the US), get married, then apply for the subclass 820 and the immigration official said as long as there is not a 'no further stay' clause on it (which I probably wouldn't get anyway), I would be totally fine. She acted like it was no problem at all, so it was nice to hear that. 

So I think this is what I am going to do, as it will be easier for us to open accounts (bank, etc.) together if I get to Australia sooner so we can prove we are sharing responsibilities. By the time I get back home and file the 300 and then get approved I'm sure a few months would pass and it would nearly be time for my wedding anyway.


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## jyxiern (May 8, 2013)

hi just wanna ask what kind of tourist visa were you holding. I am actually planning to enter Australia using tourist visa sponsored by my husband who is pr as I am not working and plan to lodge Spouse / Partner Visa (Subclass 820). I am concern of the type of tourist visa I am getting as I read from the aus immi website that I won't be eligible to lodge subclass 820 if i am holding a sponsored visitor visa.


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## Guest (May 8, 2013)

jyxiern said:


> hi just wanna ask what kind of tourist visa were you holding. I am actually planning to enter Australia using tourist visa sponsored by my husband who is pr as I am not working and plan to lodge Spouse / Partner Visa (Subclass 820). I am concern of the type of tourist visa I am getting as I read from the aus immi website that I won't be eligible to lodge subclass 820 if i am holding a sponsored visitor visa.


 What visa miss swan was holding is irrelevant because the tourist visas have changed recently and the no further stay condition is imposed based on each individual applicant. Applicants who are from high risk countries, those without employment, those DIAC deem will be a risk to overstay because they have nothing to go back to will be given it, others not.


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## jyxiern (May 8, 2013)

I guess I have to apply for the tourist visa and see what I get. I just thought that applying any kind of visa personally onshore is much easier than having to go through a center as the city I am living in have to send my application to the capital city for processes.... I always get on-the-spot approval for tourist visa when I apply in Singapore when i was still working there....now I have to wait 15 working days just for a tourist visa...

THANKS a lot for reply


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## Guest (May 8, 2013)

It is actually better to apply for the spouse visa offshore. Reason being is that it is cheaper and is processed quicker meaning work rights and entitlement to medicare etc quicker.


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## martin's_K (Feb 17, 2015)

Hi Miss Swan,

I am new in this site, but I've been reading comments regarding Partner visas etc. here. It's been very helpful. I learned a lot from your post by the way.
I would like to know more about the bridging visa.
My fiancé and I are planning on getting married on December 2015. I am holding a Tourist visa which will expire on July. I am planning on getting a new tourist visa after my current one expires. My question is, will bridging visa kicks in right away once my tourist visa expires (meaning my one month stay as stated in my visa condition, not my visa validity)?
Thanks so much for the help!


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## Dipti89 (Jan 10, 2017)

Hello Everyone,

I am planning to move with my husband soon
He has PR visa and he stays in Melbourne.
We were waiting for independent visa but due to high number of applicants under Engineering Technologist category, I have not yet received invite despite having 60 points
So we have decided to apply for dependent visa
Currently, I have multiple entry tourist visa valid until August 2018 with a 3-month stay at one stretch.
We are getting married in November 2017 and I cannot move with my husband because I don't have valid visa which will allow me to stay for more than 3 months
So we are planning to apply for subclass 820 in November end
Once I apply for 820 then can I travel to Australia on tourist visa and then apply for bridging visa to extend my stay till my 820 visa is granted?
All this is so confusing
Please advise a possible solution for problem

Thanking you in advance


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