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Two sponsorships in less than five years (de facto visa) - Regulation 1.20J Issue

The sponsor and the applicant were in a de facto relationship and wished to apply for a subclass 820 partner visa. The sponsor and applicant did not satisfy legislative requirements as they had been in a de facto relationship for less than 12 months. There were also questions of the genuineness of the couple’s relationship, because the sponsor had sponsored his previous partner less than 5 years prior to this sponsorship.

We argued that by the time the previous partner had been granted her visa, her relationship with the sponsor had already deteriorated and the sponsor had begun his relationship with the applicant. The sponsor, however, felt obliged to resume the relationship with his previous partner because of the sense of responsibility he felt towards his previous partner’s child.

Within 48 hours of his previous partner’s arrival in Australia, the sponsor and the previous partner realised that that the relationship was irreparable. The two separated and the sponsor resumed his relationship with the applicant soon afterwards.

We argued that this was a compelling and compassionate circumstance which justified the waiver of the 12 month co-habitation criterion and was also evidence of the couple’s genuine relationship.

Our argument was accepted and the applicant was granted a partner visa.

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