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Successful Subclass 820 Partner Visa Grant after being deemed invalid due to the section 48 restriction.


The Applicant and Sponsor initially lodged their  Subclass 820/801 visa application themselves which was deemed invalid by the Department due to the section 48 restriction against the Applicant, which requires specific documentation to be attached. The Applicant and Sponsor were only given 2 days to respond to the Department. The couple immediately approached Immigration Solutions Lawyers (ISL) seeking directions with their  Subclass 820 visa.


The Applicant previously had held 2 Working Holiday Visas in Australia during which period the Applicant and Sponsor met and entered into a relationship. The couple leaned on each other physically, emotionally, and financially as their relationship continued.

The Applicant and Sponsor instructed ISL to assist them in their application, to ensure all required documentation was correctly provided to the Department in order to ensure there were no issues pertaining to the section 48 restriction and lodge an onshore Subclass 820 Partner Visa application on their behalf despite the Applicant having her second working holiday visa cancelled and was unlawful at the time.


ISL provided extensive submissions and supporting evidence to establish the Applicant and Sponsor’s circumstances at the time of lodgement seeking schedule 3 requirements to be waived.

The Applicant was found to have overstayed her visa after cancellation due to her unique circumstances back in her home country. ISL provided substantial statutory declarations and supporting documents in support of the Applicant’s claims. ISL was also able to provide evidence that the Sponsor was dealing with physical and psychological issues which were further supported by medical documentation which were further addressed and outlined in our detailed schedule 3 submission.


The Department granted the Applicant sc820 visa on 01 March 2023.

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