Based on a Long-Term Partner Relationship?
I have written extensively on the double grant provisions in other posts and have multiple experiences of double grants over the 18 years I have practiced. The double grant is not a discretionary power a case officer has. A case officer “must” issue a double grant (an 820 then a permanent 801 Visa) if they form the opinion that at the time of application the primary applicant is in “a long-term partner relationship” as per the definition in Regulation 1.03. Subclause 801.221(6A) clearly states that the 2 year wait out period “does not apply” to a person that was in a long-term partner relationship at the time of application.
A case officer that does not issue a double grant in these circumstances is either:
A. not following the requirements in law or
B. is effectively telling you that on the assessment of the evidence provided for the pre-lodgement period of the relationship – they do not see sufficient evidence supporting the fact that you met the definition of Regulation 1.03 at the time of application for the required 2 or 3 year period.
Here is the definition of “Long-term Partner Relationship”
“long-term partner relationship, in relation to an applicant for a visa, means a
relationship between the applicant and another person, each as the spouse
or de facto partner of the other, that has continued:
(a) if there is a dependent child (other than a step-child) of both the applicant
and the other person—for not less than 2 years; or
(b) in any other case—for not less than 3 years.”
If you believe that the assessment is incorrect and that you did in fact meet the definition contained above, a detailed submission arguing the case may be the next best course of action.