Subclass 820 Partner Visa Granted Despite Schedule 3, PIC 4020 Non-Disclosure and Sponsor's Serious Criminal Record

Visa TypeSubclass 820

CategoryPartner Visa

Case Summary

A partner visa application required three concurrent submissions addressing genuineness of the relationship (significant age difference), Schedule 3 waiver and failure to disclose issues (PIC 4020), and the sponsor's serious criminal record including a sexual offence, AVO contravention and a four-year prison sentence. The Subclass 820 visa was granted.

Background

The couple connected online and subsequently met in person within Australia. Three significant issues emerged during the application process: a substantial age difference between the applicant and sponsor that needed to be addressed on genuineness grounds; the applicant's history of providing false information on two prior visa applications, giving rise to non-disclosure concerns under PIC 4020; and the sponsor's criminal record, which included two serious convictions — a sexual offence and a contravention of an AVO — resulting in a four-year prison sentence. Each issue required a distinct, evidence-backed submission.

Challenges

Significant age difference between applicant and sponsor required affirmative evidence of relationship genuineness
Applicant had provided false information on two prior visa applications, raising PIC 4020 non-disclosure issues and Schedule 3 requirements
Sponsor had two serious criminal convictions — a sexual offence and AVO contravention — and had served a four-year prison sentence

How We Helped

We prepared three distinct submissions as a package. The genuineness submission presented compelling evidence of the couple's commitment and the authenticity of the relationship notwithstanding the age difference. The Schedule 3 and PIC 4020 submission addressed the waiver requirements with extensive supporting evidence, explaining the circumstances of the prior non-disclosures and establishing compelling reasons for the waiver. The character submission for the sponsor provided evidence of genuine remorse, the significant time elapsed since the sentence was served, medical documentation addressing the sponsor's physical and psychological circumstances, and an objective assessment of minimal re-offending risk, supported by strong character references.

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Key Success Factors

Three targeted submissions each addressing a distinct issue with tailored evidence
Medical and psychological documentation supporting the sponsor's character submission
Evidence of genuine remorse, sustained rehabilitation and minimal re-offending risk for the sponsor
Comprehensive PIC 4020 submission addressing the circumstances of the prior non-disclosures and establishing grounds for waiver

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Outcome

The Department granted the Subclass 820 Partner Visa in January 2023, on the strength of the submissions and the supporting evidence provided.

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