The Applicant and Sponsor came to Immigration Solutions Lawyers after their Subclass 820 Partner visa had been refused by the Department of Immigration. The Applicant and Sponsor initially met years earlier and rekindled their relationship after the applicant ended her abusive relationship with her previous partner. The couple soon after married while on a trip overseas. The couple quickly became both emotionally and financially reliant on one another during this period. The couple returned to Australia after their trip and applied for a Subclass 820 partner visa.

The Subclass 820 Partner visa was refused by the Department due to the applicant not meeting the Schedule 3 requirements as she was on a bridging visa when she applied for her partner visa application. The Applicant had previously lodged a partner visa with her previous partner and had neglected to inform the Department of the termination of the relationship until after the marriage with her husband. The Department of Immigration questioned the applicant’s intentions as they believed she was manipulating her circumstances with the purpose of buying time in the relationship in order to lodge her new partner visa application.

The Applicant and Sponsor sought the help of the legal team at Immigration Solutions in putting forward a review to the AAT outlining reasons why the Schedule 3 criteria should be waived in this instance.

The team argued that although there had been a considerable amount of confusion surrounding the Applicants past immigration history and visa lodgement the above application was of a genuine nature and the compelling reasons to waive Schedule 3 were significant. The main focus of the submission surrounded the hardship caused to the Sponsor if he was to leave the country to be with his wife. The Sponsor would have been forced to resign from his current position leaving him in a difficult financial position and also making it extremely difficult for him to find a new job as his area of employment as it is very specialised.

The member found that the emotional and financial burden that would be placed on the Sponsor would be too great and therefore made a decision to waive the Schedule 3 requirement.

Immigration Solutions were able to obtain a positive outcome for the Applicant and Sponsor with the grant of a Subclass 820 Partner visa.

Immigration Solution 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 23 years of experience.

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