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Applications for the Removal of Condition 8101 &No Work' in Conjunction with Partner Visa Applications

In 2008 the Applicant entered Australia on a 572 student visa. In 2009 the Applicant and the Sponsor met and they entered into a relationship. The following year the Applicant’s student visa expired and he failed to lodge a new student visa application within the allotted 28 day period. His subsequent student visa application was deemed invalid and he was granted a Bridging Visa. In 2010 the couple commenced cohabitation and in 2011 they became engaged. Shortly after they married.

Immigration Solutions submitted that the Applicant was a suitable candidate for the grant of a subclass 820 temporary Partner Visa. The Applicant satisfied the definition of a spouse; he had a joint bank account with the Sponsor, they cohabitated, they supported each other financially and emotionally and often engaged in social activities with friends and family. The Sponsor had no previous sponsorships. The Applicant provided a Police check certificate, could not be determined as a risk to Australian national security, and did not have any outstanding debts due to the Commonwealth. The couple also amply demonstrated the genuineness of their relationship. As such, the Applicant satisfied the Public Interest Criteria.

Immigration Solutions also applied for work rights on a Bridging Visa E on behalf of the Applicant on the basis that there was a compelling need for him to work. The Applicant was not working due to condition 8101 being imposed on his Bridging Visa. However, this made the Applicant dependent on the Sponsor’s salary. The couple’s monthly expenses exceeded their very small monthly salary and as such they were under severe financial constraint. Immigration Solutions submitted that if work rights were not granted, then the Applicant and Sponsor would both be subject to financial stress and debt, and that they would be financially unable to meet their basic needs.

Immigration Solutions was successful in attaining permission to work for the Applicant; condition 8101 ‘No Work’ was removed from his visa. We were also successful in securing the grant of a Partner (Temporary) (class UK) Partner (subclass 820) Visa.

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