When an eligible sponsor and applicant apply for a partner visa in Australia, they will initially be applying for a Temporary Partner (subclass 820) visa. This visa is the first step towards the Permanent Partner (subclass 801) visa. It is important to ensure that you meet all the criteria upon applying for any visa. In certain circumstances, like when an applicant does not hold a substantive visa at the time of application, additional criteria may be invoked. Immigrations Solutions Lawyer has the expertise and knowledge to assist in ensuring that all relevant criteria is met.

In this case, the applicant had entered Australia on a tourist visa, where she subsequently applied for a vocational visa. The vocation visa was refused at the Department of Immigration and Border Protection (DIBP) and affirmed at the Merit Review Tribunal (MRT). During this time the applicant met and entered into a de facto relationship with the sponsor and they decided to apply for a Temporary Partner 820 visa.

Upon the initial Temporary Partner Visa application, the DIBP requested further information on the basis that the applicant was not holding a substantive visa at the time of application and therefore had to meet the additional schedule 3 criteria. An applicant must meet the schedule 3 criteria unless they have compelling and compassionate reasons for not holding a substantive visa. The applicants engaged Immigration Solutions Lawyers to write a submission showcasing these reasons. Immigration Solutions Lawyers were able to waive the schedule 3 criteria and obtain a grant for the temporary partner 820 visa.

After two years, the applicant was eligible to apply for the permanent partner 801 visa. Immigration Solutions Lawyers also secured the grant of the Permanent Partner (subclass 801). The applicant is now a Permanent Resident in Australia.