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820 and 801 Partner Visas Granted Immediately for Applicant Unlawful for 21 Years With Criminal History

Visa TypeSubclass 820 / Subclass 801
CategoryPartner Visa

Case Summary

An applicant who had been unlawful for more than 21 years and had several criminal convictions and character issues was granted both the temporary Subclass 820 and permanent Subclass 801 Partner Visas simultaneously, without having to wait the usual two years between stages, due to a combination of a 3-year-plus relationship and extensive work addressing the unlawfulness and character issues.

Background

Our client had been living in Australia unlawfully for over 21 years and had accumulated several criminal convictions and character issues. Despite this, she was in a genuine and committed relationship with an Australian citizen that had lasted more than three years. The application required not only the usual relationship evidence but extensive submissions addressing the unlawful period and the criminal history.

Challenges

  • Applicant had been unlawful in Australia for more than 21 years — an extremely extended period
  • Several criminal convictions and character issues required comprehensive character submissions
  • Both the unlawful period and the criminal history had to be addressed alongside relationship evidence

How We Helped

We prepared extensive evidence and detailed written submissions addressing the period of unlawfulness and all character issues, while simultaneously compiling thorough proof that the applicant and sponsor were in a genuine and continuing relationship. Because the relationship had lasted over three years, we also applied for the Subclass 801 Permanent Partner Visa at the same time, avoiding the usual two-year wait.

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Key Success Factors

  • Comprehensive character submissions addressing criminal convictions and the extended unlawful period
  • Clear evidence of the genuine and long-term relationship of more than three years
  • Strategic simultaneous lodgement of both the 820 and 801 using the 3-year exception
  • Extensive preparation given the complexity and volume of issues to address
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Outcome

Both the Subclass 820 temporary and Subclass 801 permanent partner visas were granted simultaneously, without the usual two-year wait between stages.

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