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. The Applicant had arrived in Australia on a Subclass 572 Student visa nine years earlier.

During this time, the Applicants student visa had expired and he had remained in Australia unlawfully. The Applicant and Sponsor met and entered into a relationship during this period.

The couple developed a genuine and committed relationship has they entered into cohabitation and started their life together. They soon fell pregnant with their first child and became both emotionally and financially reliant on one another.

The Applicant and Sponsor came to ISL needing assistance with the preparation and lodgement of their Subclass 820 Onshore Partner visa as the Applicant had remained unlawfully in Australia.

The Applicant’s last substantive visa was cancelled prior to the lodgement of the Subclass 820 Partner visa and had exceeded the 28 day period after the expiry of the last substantive visa. Hence, the Applicant needed to lodge a Schedule 3 submission.

ISL was able to provide extensive submissions and supporting evidence to combat the Schedule 3 issue faced by the Applicant and Sponsor. ISL were able to establish that the Applicant and Sponsor’s relationship was of a true and genuine nature as well as their commitment to their Australian child. ISL was able to provide a detailed argument to secure the waiver of the Schedule 3 criteria by providing evidence of the hardship it would cause the couple if separated.

ISL was successful in obtaining the Subclass 820 Partner visa for the Applicant.

ISL 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.

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