De Facto Visa Granted After Cohabitation Waiver Based on Sponsor's Psychological Dependence
Case Summary
A couple in a de facto relationship sought a Subclass 820 (De Facto) Partner Visa but did not meet the 12-month cohabitation requirement. We successfully argued the requirement should be waived due to the sponsor's severe psychological problems stemming from the sudden and unexplained disappearance of her former husband.
Background
Our client was in a genuine de facto relationship with an Australian citizen sponsor and wished to apply for a Subclass 820 Partner Visa. The couple had not lived together for the requisite 12 months, which presented an obstacle to the application. The sponsor was suffering from severe psychological difficulties that had developed following the sudden and unexplained disappearance of her former husband. As a result of this trauma, the sponsor had become largely reliant upon the applicant for emotional support and practical day-to-day assistance.
Challenges
- The couple did not meet the 12-month cohabitation requirement at the time of application
- Compelling and compassionate circumstances required to justify the waiver of the cohabitation requirement
- Medical and psychological evidence needed to substantiate the sponsor's dependence on the applicant
- Unusual nature of the triggering event — the former husband's sudden disappearance — required sensitive explanation
Outcome
The argument was accepted and the applicant was granted the Subclass 820 Partner Visa.
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