Same-Sex Partner Visa Granted After Schedule 3 and Cohabitation Requirements Overcome

Visa TypeSubclass 820

CategoryPartner Visa

Case Summary

A European Union citizen who had overstayed his visa and was in a same-sex relationship applied for a Subclass 820 Partner Visa but was rejected for failing both the Schedule 3 criteria and the 12-month cohabitation requirement. We secured a partner visa grant at the Migration Review Tribunal through compelling evidence of the sponsor's complete physical and emotional dependence.

Background

Our client had been in Australia on a Subclass 497 (Graduate Skilled) visa and was in a long-term same-sex relationship with an Australian citizen. When he sought to apply for a Subclass 820 Partner Visa, the application was refused for two reasons: he had overstayed his visa at the time of application (requiring a Schedule 3 waiver), and the couple did not meet the 12-month cohabitation requirement. The couple sought our assistance for a review before the MRT.

Challenges

Applicant had overstayed his visa, requiring a compelling Schedule 3 waiver argument
The couple did not meet the 12-month cohabitation requirement
Both issues needed to be addressed simultaneously with compelling evidence
Sponsor's serious cardiac history required careful medical documentation

How We Helped

We prepared a comprehensive MRT submission arguing that compelling and compassionate grounds justified both the Schedule 3 waiver and the override of the cohabitation requirement. We submitted evidence that the sponsor's health would be at serious risk without the applicant present, documenting the sponsor's history of two heart attacks and his complete daily dependence on the applicant for physical activities and health monitoring. We argued that without the applicant's ongoing vigilance, the sponsor's life could be at risk.

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

Key Success Factors

Compelling evidence of the sponsor's serious cardiac condition and physical dependence on the applicant
Clear documentation of the applicant's role in monitoring the sponsor's health and supporting daily activities
Comprehensive argument addressing both the Schedule 3 and cohabitation requirement waivers
Evidence of the genuine and continuing nature of the long-term same-sex relationship

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

Outcome

The Tribunal accepted the compelling and compassionate grounds arguments and remitted the case with a direction that the partner visa be granted.

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