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Successful Subclass 820 and 801 Visa

The Applicant came to immigration Solutions Lawyers (ISL) seeking assistance with a Subclass 820 Partner visa on the basis of his relationship with an Australian Citizen.

A Subclass 820 visa is for Individuals who are married or in a de facto relationship with an Australian Citizen, permanent resident or eligible New Zealand Citizen.

The Applicant and Sponsor met and shortly after entered into a genuine and committed relationship. At this time and Applicant and Sponsor sought the help the ISL legal team with the preparation and lodgement for their Subclass 820 Partner visa. However the application was refused as the Applicant, did not meet Schedule 3 criteria set out by the Department, despite the detailed submissions and evidence provided in order to waive the schedule 3 criteria.

ISL discussed the options available to the Applicant and Sponsor and they determined that the best course of action would be the Migration Review Tribunal (MRT).

ISL was successful in getting the decision remitted by the MRT and transferred back to the Department.

ISL took this opportunity to also apply for a Subclass 801 visa as the couple had been in a genuine and committed relationship for over 3 years.

Applicants lodging a Subclass 820 Partner visa will be eligible and can apply for a Subclass 801 permanent partner visa if they are still in a relationship with the Sponsor, two years from the date the partner visa application was lodged.

In most situations, the subclass 801 permanent partner visa can only be granted 2 years after you lodge your application. However, a permanent visa without having to fulfil the usual two-year waiting period may be granted if at the time you apply you have been in a de facto or married relationship with your partner for 3 years or more or 2 years or more and there is a child of the relationship.

Immigration Solutions Lawyers was successful in obtaining the Subclass 820 and 801 Partner visa grant for the Applicant. Immigration Solutions Lawyers is one of the leading immigration law firms in Australia. Headed by managing director and principal lawyer Anne O’Donoghue, the firm has over 22 years of experience. The legal team at ISL are experienced in dealing with complicated matters and will do their best obtain a positive outcome for each and every case.

To read more about Immigration Solutions Lawyers click here.

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