820 Partner Visa Secured for Applicant Who Had Experienced Family Violence With an Australian Citizen Child

Visa TypeSubclass 820

CategoryPartner Visa

Case Summary

An applicant who had already submitted a Subclass 820 Partner Visa application had their relationship with the sponsor break down due to family violence. We identified and applied an alternative legislative provision allowing the visa to still be granted on the basis that the applicant had an Australian citizen child with the sponsor.

Background

Our client had already lodged an 820 Partner Visa application when her relationship with the sponsor broke down due to family violence. The couple had a child together before this occurred. The standard partner visa criteria required the applicant to still be the sponsor's partner, which she no longer was. However, the applicable migration legislation provides an alternative pathway where the relationship has ended and the applicant or their child has suffered family violence from the sponsoring partner.

Challenges

Relationship had broken down, preventing satisfaction of the standard ongoing-relationship criterion
Family violence circumstances needed to be properly documented and legally applied
The child's Australian citizenship was central to the alternative legislative pathway

How We Helped

We identified the applicable legislative provision allowing the 820 to be granted where the applicant or their child has suffered family violence from the sponsor. We applied this provision, using the fact that the couple had an Australian citizen child together as the basis for the alternative grant criteria. We prepared the necessary submissions and evidence.

Schedule a call to discover how our experience and expertise made it possible

Key Success Factors

Accurate identification of the alternative legislative pathway through the family violence provisions
Evidence of the Australian citizen child and their relationship with the applicant
Clear application of the relevant legislative criteria to secure the visa despite the relationship breakdown

Schedule a call to discover how our experience and expertise made it possible

Outcome

The Subclass 820 Partner Visa was granted on the basis of the Australian citizen child of the relationship.

Need Help With Your Visa Matter?

Every case is unique. Get personalized assessment of your situation from experienced migration professionals who understand complex immigration challenges.

Request Free Assessment