Subclass 801 Permanent Partner Visa Granted After Relationship Breakdown Due to Australian Citizen Child
Case Summary
A Subclass 820 Partner Visa holder whose relationship with his sponsor broke down before the permanent Subclass 801 stage was advised that he could still qualify for permanent residency through an alternative provision providing for applicants who have an Australian citizen child with the former sponsor.
Background
Our client had arrived on a tourist visa, stayed, and eventually lodged a Subclass 820 Partner Visa with his sponsor — an Australian citizen. Shortly before lodging the 820 application, the couple had a child together. The 820 was granted but the relationship subsequently broke down. At the permanent 801 stage, the applicant no longer satisfied the standard criterion of still being the sponsor's partner. However, we identified that alternative provisions in the legislation allow an applicant to qualify for the 801 where the relationship has broken down but either the applicant or their child has suffered family violence — or where the applicant has a child with the sponsor who is an Australian citizen.
Challenges
- The applicant was no longer in a relationship with the sponsor, disqualifying the standard 801 pathway
- The alternative pathway via the Australian citizen child required careful identification and application
- Establishing that the legislative requirements for the alternative provision were met
Outcome
The Subclass 801 Permanent Partner Visa was granted on the basis of the Australian citizen child of the relationship.
Need Help With Your Visa Matter?
Every case is unique. Get personalized assessment of your situation from experienced migration professionals who understand complex immigration challenges.
Request Free Assessment