820 Partner Visa and 801 Permanent Residency Granted Simultaneously After Sponsor Settlement Issue Resolved
Case Summary
A sponsor who was mostly living overseas was uncertain whether she met the 'settled in Australia' requirement to sponsor her husband for a Subclass 309 offshore partner visa. After establishing the sponsor's Australian ties were sufficient, the couple switched to an onshore Subclass 820 application and both the 820 and 801 visas were granted simultaneously.
Background
Our client (the sponsor) had lived primarily overseas with her husband for a number of years, during which time they married and had their first child. Throughout this period she held an Australian Resident Return Visa and frequently visited family in Australia. The couple sought assistance with a Subclass 309 Offshore Partner Visa, but the sponsor was unsure whether her limited Australian presence meant she no longer satisfied the legislatively required 'settled in Australia' criterion for being a sponsor. We analysed the situation and found the sponsor's accumulation of community, family and life ties in Australia throughout her years of visits supported a finding of settlement.
Challenges
- Sponsor had primarily lived overseas, raising questions about whether she met the 'settled' sponsorship criterion
- Determining the appropriate visa pathway — offshore 309 or onshore 820 — for the couple's circumstances
- Evidence of the sponsor's Australian ties needed to establish settlement despite time spent abroad
Outcome
Both the Subclass 820 and Subclass 801 Permanent Partner Visas were granted simultaneously to the applicant. The couple's daughter was also granted permanent residency, and the couple has since welcomed a second child who is an Australian citizen.
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