De Facto Partner Visa Granted After Waiver of Cohabitation Requirement Based on Sponsor's Health

Visa TypeSubclass 820

CategoryPartner Visa

Case Summary

A European Union citizen on a bridging visa whose de facto partner visa was refused — partly due to the relationship commencing soon after a marriage breakdown and the 12-month cohabitation requirement not being met — succeeded at the Migration Review Tribunal after compelling evidence of the sponsor's physical and emotional reliance on the applicant.

Background

Our client had been in Australia on a Subclass 820 Partner Visa with his former wife, an Australian citizen. When that relationship broke down, he began a new relationship with a New Zealand citizen one month later. He waited approximately one year before informing the Department of the dissolution of his previous relationship and the existence of the new relationship, then applied for a Subclass 820 de facto Partner Visa. The application was refused on the basis that the Department was not satisfied the couple was in a genuine de facto relationship. The matter was referred to the MRT on appeal and we assisted with the review.

Challenges

New relationship commenced shortly after a marriage breakdown, raising genuineness concerns
The couple did not meet the 12-month cohabitation requirement at the time of application
Concerns about the sponsor's genuine de facto relationship status required detailed substantiation
Sponsor's physical health limitations and emotional vulnerability required comprehensive medical evidence

How We Helped

In our MRT submission, we argued that despite the relationship commencing soon after the prior marriage ended, it was nonetheless genuine and continuing. We submitted that compelling and compassionate circumstances warranted a waiver of the 12-month cohabitation requirement, focusing on the sponsor's significant physical health limitations — including severe abdominal pain under ongoing investigation, a neck injury preventing her from lifting heavy objects, and symptoms of depression and anxiety — and her resulting strong reliance on the applicant for daily physical and emotional support.

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Key Success Factors

Detailed evidence demonstrating the genuine nature of the de facto relationship despite its timing
Compelling medical evidence substantiating the sponsor's physical and emotional limitations
Clear articulation of the sponsor's daily dependence on the applicant for practical and emotional support
Thorough legal argument addressing the cohabitation waiver grounds

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Outcome

The Tribunal accepted that compelling reasons existed for the waiver of the 12-month cohabitation requirement and found the applicant and sponsor to be in a genuine de facto relationship. The matter was remitted to the Department for reconsideration.

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