Subclass 820 Partner Visa Granted Within 9 Months – Schedule 3, Change of Sponsor and Criminal Record

Visa TypeSubclass 820

CategoryPartner Visa

Case Summary

An applicant who had been unlawful for nearly 2 years following a Subclass 457 refusal, and had a change of sponsor mid-application after a relationship breakdown, was found to also have a criminal record when preparing the new application. Despite needing to satisfy Schedule 3, character requirements, and the best interests of a minor child, the visa was granted within 9 months.

Background

The applicant had been an unlawful non-citizen for almost 2 years following the refusal of a Subclass 457 visa. He initially wished to lodge a partner visa sponsored by his then partner, which would require a Schedule 3 argument given his period of unlawfulness. One year after engagement, however, the relationship with the original sponsor broke down and the applicant entered a new relationship. The prior Subclass 820 application was withdrawn and a new one was lodged with the new partner as sponsor. Upon preparing the new application, a criminal record in Australia was discovered — adding a character hurdle on top of the existing Schedule 3 requirement. The couple had also had a child together.

Challenges

Unlawful non-citizen for nearly 2 years following Subclass 457 refusal, requiring a Schedule 3 argument
First application withdrawn and new application lodged with a new sponsor following a relationship breakdown
Criminal record in Australia discovered during application preparation, requiring character evidence

How We Helped

We prepared extensive Schedule 3 submissions establishing the applicant's and sponsor's circumstances at the time of lodgement, addressing the reasons for the period of unlawfulness and arguing that the Schedule 3 requirements should be waived. We provided statutory declarations and supporting documents establishing the applicant's unique circumstances, as well as medical documentation addressing the sponsor's physical and psychological challenges. We also submitted a detailed character submission supported by character references. We put forward compelling evidence regarding the couple's minor child, submitting that it was in the best interests of the child for the visa to be granted.

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Key Success Factors

Detailed Schedule 3 submission addressing the applicant's unique circumstances and the reasons for the unlawful period
Medical documentation supporting the sponsor's physical and psychological circumstances
Character submission with substantial references addressing the criminal record
Best interests of the child argument, supported by evidence of the couple's family unit

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Outcome

The Department granted the Subclass 820 Partner Visa within 9 months.

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