Partner Visa 820 Granted — 12-Month Cohabitation Requirement Waived Due to Sponsor's Psychological Dependence

Visa TypeSubclass 820

CategoryPartner Visa

Case Summary

A partner visa applicant and his sponsor had not cohabited for 12 months as required for a de facto relationship. We successfully argued that compelling circumstances existed — specifically the sponsor's severe psychological condition arising from the unexplained disappearance of her former husband — and the visa was granted.

Background

The applicant was in a de facto relationship with an Australian citizen and wished to apply for a Subclass 820 partner visa. The couple had not been cohabiting for the requisite 12 months needed to satisfy the de facto relationship requirement. The sponsor had developed severe psychological problems following the unusual and sudden disappearance of her former husband, leaving her in a state of deep depression and significantly reliant on the applicant for emotional and practical support.

Challenges

The 12-month cohabitation requirement for de facto relationships was not met at the time of application
Compelling and compassionate circumstances needed to be established to justify waiving the 12-month requirement

How We Helped

We argued that compelling compassionate circumstances existed to justify waiving the 12-month cohabitation requirement. We centred our submission on the sponsor's severe psychological condition — a direct consequence of her former husband's inexplicable disappearance — and her significant emotional and practical reliance on the applicant. We submitted that separating the couple would cause great hardship to the sponsor given her fragile psychological state.

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Key Success Factors

Clearly established compelling and compassionate circumstances centred on the sponsor's documented psychological condition
Evidence of the significant emotional and practical reliance the sponsor had on the applicant
Medical or psychological evidence supporting the nature and severity of the sponsor's condition

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Outcome

The submission was accepted. The 12-month cohabitation requirement was waived and the Subclass 820 partner visa was granted.

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