Onshore Partner Visa 820/801, Bridging Visa E & Schedule 3
CASE TYPE
The client came to us wanting to apply for a partner visa onshore 820/801. Applicant was unlawful for years; he was married to an Australian citizen. Applicant decided to engage in ISL to resolve his visa status and lodge an onshore partner visa application.
CASE BACKGROUND DIFFICULTY
The complexity of this partner visa application was to initially legalise his status in Australia by way of BVE, then lodge a partner visa application with a detailed schedule 3 submission.
CASE STRATEGY
We prepared and lodged the Bridging Visa E and the partner visa application disclosing his unlawfulness, we also prepared a detailed schedule 3 submission which included the following:
- The applicant’s unlawfulness in Australia
- How the sponsor emotionally and physically relies on the applicant.
- The applicant’s Australian citizen family members
- Detriment to the sponsor if the applicant was forced to depart Australia.
- Best interest of Australian citizen sponsor and child.
The Schedule 3 submission also addressed the legal requirements and arguments.
CASE OUTCOME
We waited the published processing times after providing the Department with material evidence and compiling a strong onshore partner visa application as a decision ready application. The applicant was granted both the 820 and 801 simultaneously. The applicant is now a permanent resident and is on the path to apply for Australian citizenship.
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