Billy was sponsored by Rosie for a Partner Class UK/BS subclass 820/801 visa. Rosie and Billy met at work and had a shared love for gardening. Billy was from the UK and lived in Devon which is famous for its beautiful country gardens and Rosie, an Australian citizen, lived in the Blue Mountains, NSW, her whole life. Billy is currently on a Partner Class UK subclass 820 visa awaiting a decision on the Partner Class BS subclass 801 visa. Billy has a 15 year old daughter, Kylie, who lives in Devon with her mum. Billy and Kylie's mum, Stella, have a very good parenting relationship and Rosie has met Kylie many times when Kylie comes to visit. One day, Stella calls Billy in a panic. She tells him that Kylie had started to hang out with the wrong crowd at school and was caught drinking at a school camp. Stella was concerned about her well-being, particularly because she noticed some concerning posts on social media. Stella, as much as she loves Kylie, thinks a change of scenery would be good for Kylie, particularly during her teenage years, and asks Billy what he thought of the idea of Kylie living with him in Australia.

Billy was very excited by this prospect and jumped at the chance. Kylie was daddy's little girl and Billy missed her so much. He called Rosie and she was very supportive of the situation. Stella sat down with Kylie and asked her what she thought. Kylie was very happy with the proposal and said yes, as she did not want to be bad, but the peer pressure was too much for her at school. Kylie and Billy decided it was best that she finished her current schooling year, and Billy undertook to make the appropriate arrangements in Australia.

Billy became frustrated with the waiting time for his permanent residency linked to his Partner Class BS subclass 801 visa. In particular, he feels like it has been impeding his employment opportunities, as employers always seem to give preference to permanent residents or Australian citizens. Before lodging the Partner Class UK/BS subclass 820/801 visa, Billy and Rosie provided ample evidence that they had been in a committed defacto relationship for four years. As such, he was granted his Partner Class UK subclass 820 visa approximately one year after lodgement but has now waited over one year for the processing of his Partner Class BS subclass 801 visa application. He understands there are long processing times but is seeking your advice as to whether there is anything that can be done.

Billy is also unsure what his current visa status is whilst awaiting his Partner Class BS subclass 801 visa. He read on a google forum that he was currently on a bridging visa but unsure if he is and which one. He tells you he was on a Temporary Skills Shortage Class GK subclass 482 visa before he lodged his Partner Class UK/BS subclass 820/801 visa.

Question 3 What would you advise Billy?