Successful Subclass 820 Partner Visa Grant.
CASE BACKGROUND
Applicant initially approached Immigration Solutions Lawyers (ISL) seeking advice for lodging an onshore partner (subclass 820) visa application sponsored by his previous partner. At the time, he had been an unlawful non-citizen for almost 2 years since the Temporary Work (Skilled) visa (subclass 457) refusal. Therefore, the Applicant would be required to lodge a Schedule 3 argument.
CASE DIFFICULTY
Unfortunately, one year later, the Applicant and the then Sponsor’s relationship broke down and the Applicant started a new exclusive relationship with another female.
The Applicant then instructed ISL to withdraw the previous subclass 820 visa application and lodge a new one sponsored by their new partner.
Upon collecting evidence for the new subclass 820 visa application, ISL discovered that the Applicant has criminal record in Australia and thus apart from the hurdle of Schedule 3, the Applicant is also required to satisfy the Character requirements.
CASE STRATEGY
ISL provided extensive submissions and supporting evidence to establish the Applicant and Sponsor’s circumstances at the time of lodgement seeking schedule 3 requirements to be waived.
The Applicant was found to have overstayed their visa after refusal due to their unique circumstances. ISL provided substantial statutory declarations and supporting documents in support of the Applicant’s claims. ISL was also able to provide evidence that the Sponsor was dealing with physical and psychological issues which were further supported by medical documentation which were further addressed and outlined in our detailed schedule 3 submission.
ISL also provided detailed submissions addressing character concerns with substantial character references. Furthermore, the Sponsor and Applicant are first time parent and it is for the best interest of their minor child to grant the visa.
CASE OUTCOME
The Department granted the Applicant sc820 visa within 9 months.
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