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820/801 Partner Visa Granted for Overstayer with Protection Visa History via Schedule 3 Waiver

Visa Type820/801 Partner Visa
CategoryPartner Visa

Case Summary

An unlawful non-citizen with a Protection visa history — whose bridging visa had lapsed due to a former agent's failure to pursue an appeal — secured a Subclass 820/801 partner visa through a successful Schedule 3 waiver and compelling relationship evidence, despite a recent marriage, no common children, and an age gap.

Background

The applicant had previously lodged a Subclass 866 Protection visa application. After her bridging visa subsequently expired due to her former agent's failure to pursue a timely appeal, she became an unlawful non-citizen. She lodged the partner visa application immediately after registering her marriage, indicating a short relationship timeline at lodgement. There were no common children, and the applicant was older than the sponsor — together presenting multiple concerns for a decision-maker. Without a successful Schedule 3 waiver, the onshore application had no legal basis to proceed.

Challenges

  • Unlawful non-citizen status requiring a Schedule 3 waiver — the cornerstone legal hurdle without which no valid onshore application existed
  • Short post-marriage timeline at lodgement, no common children, and an age gap amplifying relationship genuineness concerns
  • Protection visa history requiring careful contextualisation to distinguish current circumstances from earlier refugee claim

How We Helped

Our primary focus was preparing powerful legal submissions and evidence to demonstrate compelling compassionate reasons for the Schedule 3 waiver, addressing the circumstances of the unlawful stay and the former agent's failure. For the relationship, we guided the applicant in preparing an exceptionally detailed evidence package: relationship statements explaining the genuine emotional development, statutory declarations from multiple friends, evidence of shared significant decisions and financial commitments, and documentation addressing the age gap and short post-marriage timeline in context.

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Key Success Factors

  • Compelling Schedule 3 waiver submissions directly addressing the circumstances of unlawful status and establishing compassionate grounds for the Minister's discretion
  • Exceptionally detailed relationship evidence addressing each potential concern — short timeline, age gap, and absence of common children — with contextual explanation
  • Clear separation of the Protection visa history from the partner visa application circumstances
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Outcome

The Subclass 820/801 partner visa was granted. The Department accepted the Schedule 3 waiver submission and all relationship evidence with no request for further information.

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