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Subclass 820 Partner Visa Granted for Unlawful Applicant With Compelling Circumstances

Visa TypeSubclass 820
CategoryPartner Visa

Case Summary

An applicant who had arrived on a student visa and subsequently became unlawful sought a Subclass 820 Onshore Partner Visa with compelling and compassionate submissions addressing the Schedule 3 criteria.

Background

Our client had arrived in Australia on a temporary student visa and during that period their substantive visa expired, leaving them unlawful. While in Australia, they met an Australian citizen who became their sponsor. The couple developed a strong emotional and financial interdependence over the course of their relationship. By the time they approached us, the applicant was unlawful and needed to lodge an onshore Subclass 820 Partner Visa application together with a Schedule 3 waiver argument.

Challenges

  • Applicant was unlawful at the time of lodgement, requiring a Schedule 3 waiver argument
  • Establishing compelling and compassionate reasons for the period of unlawfulness
  • Demonstrating genuineness of the relationship alongside evidence of the overstay
  • Sponsor was dealing with severe documented psychological issues requiring medical evidence

How We Helped

We prepared extensive submissions and supporting evidence addressing both the genuineness of the relationship and the compelling circumstances justifying a waiver of the Schedule 3 criteria. We gathered statutory declarations and supporting materials to corroborate the applicant's circumstances, including the unavoidable family financial difficulties that contributed to the overstay. We also provided detailed medical documentation substantiating the sponsor's psychological difficulties and the importance of the applicant remaining in Australia for their wellbeing.

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Key Success Factors

  • Comprehensive Schedule 3 waiver submission grounded in compelling and compassionate circumstances
  • Statutory declarations and third-party evidence supporting the applicant's circumstances
  • Medical documentation substantiating the sponsor's psychological dependence on the applicant
  • Detailed evidence of the couple's genuine and continuing relationship
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Outcome

After thorough submissions were lodged with the Department, the Subclass 820 Partner Visa was granted, allowing the applicant to remain in Australia lawfully.

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