Partner Visa 820 Granted After 9 Years of Unlawful Status — Schedule 3 Waived Due to Australian Child
Case Summary
An applicant who had remained in Australia unlawfully for approximately nine years after his student visa expired had been in a genuine relationship with an Australian citizen partner and they had a child together. We successfully obtained a Schedule 3 waiver and the Subclass 820 partner visa was granted.
Background
The applicant had arrived in Australia on a Subclass 572 Student visa nine years earlier. During this period his student visa had expired and he remained in Australia unlawfully. He met and entered into a genuine, committed relationship with an Australian citizen. The couple began cohabiting and soon fell pregnant with their first child, becoming emotionally and financially reliant on each other. The applicant's last substantive visa had been cancelled prior to the partner visa lodgement, and the application was made beyond the 28-day period after cancellation, meaning he was required to meet or seek a waiver of the Schedule 3 criteria.
Challenges
- Nine years of continuous unlawful presence in Australia — a significant adverse factor under Schedule 3
- Last substantive visa had been cancelled and the partner visa was lodged outside the 28-day window
- Schedule 3 requirement to establish compelling circumstances to justify waiving the criteria
Outcome
The Schedule 3 criteria were successfully waived and the Subclass 820 partner visa was granted, allowing the family to remain together in Australia.
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