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820 Partner Visa Secured Despite Unlawful Status, Prior Visa Complications and Sponsor's Undissolved Marriage

Visa TypeSubclass 820
CategoryPartner Visa

Case Summary

An applicant with a complicated visa history — including a refused student visa, an MRT success, an expired visa leaving him unlawful — needed a Subclass 820 Partner Visa with both a Schedule 3 waiver and a 12-month cohabitation waiver. Further complexity arose from the sponsor being still legally married to a former partner.

Background

Our client had arrived on a Subclass 560 Student Visa, returned home, applied for a Subclass 573 Student Visa which was refused, won an MRT appeal, returned to study, and then failed to realise when his visa expired, becoming unlawful. He met his sponsor during this unlawful period and they entered a genuine committed relationship. Two additional obstacles complicated the matter: the Lodge date was more than 28 days after his last substantive visa expired, requiring a Schedule 3 waiver; and the sponsor was still technically legally married to her former partner (despite separation) because the divorce paperwork had never been completed — meaning the couple could not provide a formal relationship certificate to overcome the cohabitation requirement.

Challenges

  • Applicant had been unlawful since his student visa expired without his awareness
  • Lodgement date exceeded the 28-day threshold, requiring a Schedule 3 waiver
  • Sponsor was still legally married to a former partner, preventing use of a registered relationship exception
  • 12-month cohabitation requirement also needed to be addressed with a compelling circumstances waiver

How We Helped

We conducted a forensic review of the applicant's immigration history to understand the full picture and identify the strongest available arguments. We addressed the Schedule 3 criteria by demonstrating the unintentional and unforeseen nature of the visa expiry. We also lodged a 12-month cohabitation waiver, providing extensive evidence of the couple's genuine and committed relationship and compelling reasons why the waiver should be approved despite the sponsor's unresolved legal marital status.

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Key Success Factors

  • Forensic review of the applicant's complete immigration history to construct the strongest possible arguments
  • Schedule 3 submission addressing the unintentional and unforeseen nature of the visa expiry
  • Cohabitation waiver grounded in compelling evidence of the genuine relationship
  • Effective navigation of the sponsor's outstanding legal marital issue
Schedule a call to discover how our experience and expertise made it possible

Outcome

The Department accepted both the Schedule 3 and cohabitation waiver submissions and granted the Subclass 820 Partner Visa.

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