Subclass 820 Partner Visa Secured Despite Sponsor Being Within the Regulation 1.20J Five-Year Window
Case Summary
A sponsor who had sponsored a previous partner less than five years earlier was barred by Regulation 1.20J from sponsoring another partner without a waiver. We compiled compelling evidence of the new genuine relationship and the sponsor's circumstances, securing the waiver and the Subclass 820 visa.
Background
Our client (the sponsor) had previously been married and sponsored his former partner on a Subclass 820 visa. That partner eventually abandoned the family, and the relationship ended. The sponsor later met the applicant overseas in 2013, travelled overseas multiple times to visit her, and proposed marriage. Because it had been less than five years since the prior sponsorship, Regulation 1.20J prevented a new sponsorship without a waiver demonstrating compassionate or compelling circumstances.
Challenges
- Less than five years had passed since the sponsor's prior sponsorship, triggering Regulation 1.20J
- Waiver required demonstration of compelling or compassionate circumstances
- New relationship was relatively recent but genuine
Outcome
The Regulation 1.20J waiver was accepted and the Subclass 820 Temporary Partner Visa was granted.
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