Schedule 3 Waiver and Subclass 820 Partner Visa Approved for Applicant Unlawful for 9 Years
Case Summary
An applicant who had overstayed his student visa and remained unlawful for approximately nine years, during which time he and his Australian citizen partner had a child together, was granted a Subclass 820 Onshore Partner Visa after successful Schedule 3 submissions.
Background
Our client had initially arrived in Australia on a Subclass 572 Student Visa nine years before seeking our assistance. His student visa had expired and he had remained in Australia without a valid visa throughout that period. He and his sponsor, an Australian citizen, met, entered into a relationship, commenced cohabitation and had their first child together. By the time the matter came to us, his last substantive visa had been cancelled prior to lodgement, and he had exceeded the 28-day period after its expiry — meaning a Schedule 3 waiver submission was required alongside the standard partner visa application.
Challenges
- Applicant had been unlawful in Australia for approximately nine years
- Last substantive visa had been cancelled and the 28-day period exceeded, requiring a Schedule 3 argument
- Long period of unlawfulness required compelling grounds to justify the Schedule 3 waiver
- Demonstrating the couple's genuine relationship and commitment to their Australian-born child
Outcome
The Department accepted the Schedule 3 waiver submissions and granted the Subclass 820 Onshore Partner Visa to the applicant.
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