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820/801 Partner Visa Granted for Applicant with Nearly 10-Year Overstay and No Common Children

Visa Type820/801 Partner Visa
CategoryPartner Visa

Case Summary

An applicant with nearly ten years of unlawful Australian residence and no common children with her sponsor secured a Subclass 820/801 partner visa through a successful Schedule 3 waiver and a multi-layered relationship evidence system that compensated for the absence of conventional proof.

Background

The applicant had been unlawfully residing in Australia for nearly ten years — an extreme 'reversal of fortune' case. There were no common children with the sponsor, removing a typically important relationship evidence element. The sponsor had no health issues. Without successfully obtaining a Schedule 3 waiver based on compelling compassionate grounds, the onshore application had no legal right to be lodged.

Challenges

  • Nearly 10-year unlawful stay — the most significant legal hurdle, requiring a compelling Schedule 3 waiver to enable a valid onshore application
  • Absence of common children requiring the relationship evidence to compensate with exceptional depth and detail across other areas
  • Prolonged unlawful stay history likely to attract close Departmental scrutiny of all aspects of the application

How We Helped

We prepared detailed legal submissions demonstrating compelling compassionate reasons for a Schedule 3 waiver, addressing the circumstances of the 10-year unlawful stay. We built a multi-layered relationship evidence system: comprehensive statements with detailed timelines, proof of joint financial arrangements, social activity evidence, statutory declarations from friends and relatives, and extensive daily life documentation — providing a complete and compelling picture of a genuine continuing relationship without relying on children as evidence. We also prepared full sponsor documentation including income and character evidence.

Schedule a call to discover how our experience and expertise made it possible

Key Success Factors

  • Compelling Schedule 3 waiver legal submissions establishing compassionate grounds based on the circumstances of the prolonged unlawful stay
  • Multi-layered relationship evidence system that replaced children-based proof with exceptional depth across financial, social, and personal evidence categories
  • Complete sponsor documentation package eliminating any potential concern regarding the sponsorship eligibility
Schedule a call to discover how our experience and expertise made it possible

Outcome

The Subclass 820/801 partner visa was granted. The Department accepted the Schedule 3 waiver and all relationship documentation with no request for further information.

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