The Applicant and Sponsor came to Immigration Solutions Lawyers (ISL) seeking help with a Subclass 820 Temporary Partner Visa application. There were two issues that required attention in the matter. The first was the fact that the Applicant had remained in Australia unlawfully after his student visa was cancelled earlier that year, and the second was the significant age difference between the couple.

The Sponsor and Applicant met, started a relationship and shortly after they commenced cohabitation. The couple entered into a committed de facto relationship and came to rely on one another both emotionally and financially.

ISL was able to compile the necessary compelling evidence to prove that the Applicant and Sponsor were in a genuine and committed relationship. ISL was able to obtain a successful Subclass 820 Partner Visa grant within 2 weeks of lodgement.

2 years after the Subclass 820 Partner Visa was granted the Applicant and Sponsor were informed that they were eligible to apply for a Subclass 801 Permanent Partner Visa.

ISL once again provided the required evidence to the Department to prove that the couple were still in a committed relationship.

ISL lodged the Subclass 801 Permanent Partner Visa applicant and awaited the result. During the processing period the Department contacted the Applicant and Sponsor directly to question the couple. Upon the completion of the unscheduled phone interview the Department informed ISL that the Subclass 801 visa application was refused due to the uncertainty of the couple’s relationship.

When notification of the refusal was received, ISL collected further information proving the extent, duration and genuineness of the relationship for the Migration Review Tribunal (MRT).

ISL was ultimately successful in securing the Subclass 801 Permanent Partner Visa for the couple after providing the evidence to the MRT.

This matter highlights the fact that Applicants and Sponsors must be aware that the Department may contact them at any time to assess the validity of their relationship before determining the outcome of the application.

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.

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