Partner Visa 820 Granted at AAT After 15+ Years of Unlawful Status — Schedule 3 Waived Due to Sponsor's Disabled Daughter

Visa TypeSubclass 820/801

CategoryPartner Visa

Case Summary

A client whose last substantive visa was held in 2001 had his Subclass 820 partner visa refused by the Department on Schedule 3 grounds. We took the matter to the AAT and secured a successful outcome by establishing compelling and compassionate circumstances — in particular the needs of the sponsor's daughter who has cerebral palsy.

Background

The client came to us with a refusal for a Subclass 820 partner visa. When we reviewed the matter, it emerged that his last substantive visa had been held back in 2001 — over a decade before the application. The client explained that he had not attempted to regularise his status earlier because during that period he had met and fallen in love with the visa sponsor. He was also deeply distressed by the prospect of being separated from the sponsor and her daughter, who suffers from cerebral palsy and required significant daily support.

Challenges

Last substantive visa held in 2001 — many years of unlawful status before application
Schedule 3 criteria 3001 not met, requiring compelling and compassionate circumstances to be established and argued at AAT
Complex factual background needed to be presented in a format compelling enough to succeed at a hearing

How We Helped

We prepared a lengthy and comprehensive submission that addressed both the genuineness of the relationship and the compelling circumstances required to waive Schedule 3. We placed significant emphasis on the needs of the sponsor's daughter with cerebral palsy and the role the applicant played in supporting both the sponsor and her daughter. We demonstrated that separation would cause serious hardship to a vulnerable family unit.

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Key Success Factors

Evidence of compelling and compassionate circumstances centred on the sponsor's disabled daughter with cerebral palsy
Comprehensive evidence of genuine relationship over an extended period
Detailed submission addressing all heads of Schedule 3 criteria and the grounds for waiver

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Outcome

The AAT was satisfied that compelling and compassionate circumstances existed to waive the Schedule 3 criteria. The matter was remitted to the Department with a direction that the applicant met the requirements, and the Subclass 820 partner visa was subsequently granted.

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