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Subclass 820 Partner Visa Granted After Self-Lodged Application Deemed Invalid Under Section 48 Restriction

Visa TypeSubclass 820
CategoryPartner Visa

Case Summary

A couple who self-lodged their Subclass 820/801 partner visa application had it deemed invalid due to the section 48 restriction. Given only 2 days to respond, they engaged legal assistance to urgently prepare a compliant application, addressing the section 48 requirements, a Schedule 3 waiver, and the applicant's unlawful status following a cancelled Working Holiday Visa.

Background

The applicant and her sponsor had self-lodged their Subclass 820/801 Partner Visa application, which was deemed invalid by the Department due to the section 48 restriction applying to the applicant. Section 48 requires specific additional documentation to be included with the application. The couple were given only 2 days to respond. The applicant had previously held two Working Holiday Visas, during which she and the sponsor had met and formed their relationship. Her second Working Holiday Visa had been cancelled, and at the time of the partner visa application she was unlawful. The couple had provided emotional, physical and financial support to each other throughout their relationship.

Challenges

  • Self-lodged application deemed invalid due to section 48 restriction, with only 2 days given to respond
  • Applicant had her second Working Holiday Visa cancelled and was unlawful at the time of lodgement
  • Schedule 3 requirements needed to be satisfied given the period of unlawfulness

How We Helped

We urgently assumed carriage of the matter and prepared a compliant Subclass 820 application that properly addressed the section 48 restriction requirements. We prepared extensive Schedule 3 submissions establishing the circumstances at the time of lodgement, addressing the applicant's unique home country circumstances that led to the visa cancellation and overstay. We compiled statutory declarations and medical documentation evidencing the sponsor's physical and psychological challenges, which were addressed in our detailed Schedule 3 submission.

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Key Success Factors

  • Urgent preparation and lodgement of a compliant application addressing all section 48 documentation requirements
  • Schedule 3 submission contextualising the applicant's overstay as arising from unique circumstances rather than wilful non-compliance
  • Medical and psychological documentation supporting the sponsor's circumstances in the Schedule 3 waiver argument
Schedule a call to discover how our experience and expertise made it possible

Outcome

The Department granted the Subclass 820 Partner Visa.

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