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Partner Visa Granted Despite Applicant's Assault Charge Involving the Sponsor

Visa TypeSubclass 820
CategoryPartner Visa

Case Summary

While preparing a Subclass 820 Partner Visa application, we identified that the applicant was facing active criminal proceedings for an assault offence involving the sponsor. We addressed the character issue directly in the submission, established the context of the offence, and secured the visa grant.

Background

Our client came to us seeking assistance with a Subclass 820 Partner Visa based on her marriage to an Australian permanent resident. The applicant had arrived on a Working Holiday Visa, then received a Vocational Education Student Visa, during which time she had met and married the sponsor. While preparing the application, we identified that the applicant had ongoing criminal proceedings against her for an assault offence that had occurred in the context of the relationship with her sponsor.

Challenges

  • Active criminal proceedings for assault created a significant character issue for the visa application
  • The offence involved the sponsor, creating a sensitive and complex character scenario
  • Establishing the context of the incident without minimising the Department's character concerns

How We Helped

We prepared a detailed submission providing extensive evidence of the couple's long-standing relationship and the full context surrounding the assault charge, including explaining the circumstances and the nature of the misunderstanding. We also submitted evidence of the significant hardship that would result from refusing the application, given the couple's ongoing and genuine marriage.

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Key Success Factors

  • Transparent and direct engagement with the character issue in the submission
  • Detailed contextual explanation of the circumstances surrounding the offence
  • Comprehensive evidence of the couple's long-standing and genuine relationship
  • Clear articulation of the hardship that would flow from a refusal
Schedule a call to discover how our experience and expertise made it possible

Outcome

The Department accepted the character submission and granted the Subclass 820 Partner Visa.

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