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Do not underestimate the importance of arguments in support of a 12 months cohabitation waiver requirement. Forensic Review and the importance of attention to detail.

The Applicant and Sponsor came to Immigration Solutions Lawyers seeking help with a Subclass 820 Onshore Partner visa application. The Applicant sought the assistance of Immigration Solutions due to trouble he had experienced with his previous visa application and the complicated situation the couple were faced with.

The Applicant arrived in Australia on a Subclass 560 Student visa upon the expiry of his student visa the applicant returned home and applied for an additional Subclass 573 Student visa. Once returned to Australia the applicant found that his Subclass 573 visa was refused. The Applicant sought the assistance of a migration agent to put forward a review to the MRT for the refusal. The Applicant was granted his Subclass 573 visa and continued his studies.

A number of years passed and the Applicant had finished his studies. The Applicants Subclass 573 visa expired, however the applicant was unaware of this and remained in Australia becoming unlawful.

Shortly after the Sponsor and Applicant met and soon entered into a committed and genuine relationship, the couple came to rely on one another both emotionally and financially.

The Applicant and Sponsor sought the assistance of Immigration Solutions in lodging a Subclass 820 Partner visa application. The application was not straight forward due to the lodgment date being in excess of the 28 days after the expiry of the Applicants last substantive visa. Therefore, the Applicant did not satisfy the Schedule 3 criteria and Immigration Solutions had to submit that there were compelling reasons to waive those criteria. The couple also had concerns regarding the Sponsors marital status.

The Sponsor had been married years earlier and had separated from his ex-partner although had never completed the documentation to legalize the separation. This meant that the Applicant and Sponsor would not be able to provide the required relationship certificate. Although the Applicant and Sponsor were in a genuine and committed relationship, legally the Sponsor was still married to his ex-partner.

This led to the lodgment of the Applicants 12 month cohabitation requirement waiver. This waiver require the Applicant to show compelling and compassionate reasons for being granted the waiver.

Immigration Solutions Legal team were able to provide extensive evidence of the couple’s relationship and material on compelling reasons as to why the Schedule 3 requirements and 12 month cohabitation requirement should be waived for the Partner visa.

Immigration Solutions were successful in achieving a Subclass 820 Partner visa for the Applicant and Sponsor.

Immigration Solutions Lawyers is a leading immigration law firm headed by the managing director and principal lawyer Anne O’Donoghue. The firm has been assisting clients in navigating the different avenues of migration to Australia since 1993. Their extensive experience in immigration law has enabled many of their clients the opportunity to call Australia home.

To find out more about Immigration Solutions Lawyers click here.

Click here to read more of our successful cases.

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