De Facto Partner Visa Granted After Overcoming Regulation 1.20J Sponsorship Restriction

Visa TypeSubclass 820

CategoryPartner Visa

Case Summary

A de facto couple seeking a Subclass 820 Partner Visa faced the complication that the sponsor had previously sponsored another partner within the preceding five years, raising Regulation 1.20J concerns. A compelling and compassionate argument explaining the circumstances led to a successful visa grant.

Background

Our clients were in a de facto relationship and sought to apply for a Subclass 820 Partner Visa. Two issues arose: the couple had been in a de facto relationship for less than 12 months, and the sponsor had previously sponsored a former partner within the past five years, raising a Regulation 1.20J issue that cast doubt on the genuineness of the current relationship. The circumstances behind the two sponsorships required careful explanation.

Challenges

The couple had been in a de facto relationship for less than the required 12 months
The sponsor had sponsored a previous partner within the preceding five years, raising Regulation 1.20J concerns
The proximity of the prior sponsorship to the current application meant the Department questioned genuineness
The unusual circumstances surrounding the prior relationship needed to be explained convincingly

How We Helped

We argued that by the time the sponsor's previous partner had been granted her visa, the prior relationship had already deteriorated. The sponsor had felt a sense of obligation to the previous partner's child, which caused him to temporarily resume that relationship, but within 48 hours of the prior partner's arrival in Australia the couple had definitively separated. The sponsor then resumed his relationship with the current applicant. We submitted that these were compelling and compassionate circumstances that both justified the cohabitation waiver and demonstrated the genuineness of the current relationship.

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Key Success Factors

Clear explanation of the circumstances behind the prior sponsorship and relationship breakdown
Evidence that the sponsor's resumption of the prior relationship was brief and motivated by responsibility to a child
Compelling circumstances argument addressing the cohabitation requirement
Thorough documentation of the genuine and current de facto relationship

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Outcome

The argument was accepted and the applicant was granted the Subclass 820 Partner Visa.

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