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What discretion is there in the settlement criterion for a sponsor?

The Sponsor contacted Immigration Solutions Lawyers seeking help with a Subclass 309 offshore partner visa application. The Sponsor and Applicant met in the Applicants home country and a genuine relationship developed. The couple remained overseas for a number of years, during which time they married and had their first child. Throughout this period the Sponsor held an Australia Resident Return visa, and frequently visited her family residing in Australia.

The couple sought assistance from the legal team at Immigration Solutions with the preparation and lodgement of their Subclass 309 Offshore Partner visa as the Sponsor was unsure if she would meet the settled requirement to be a sponsor on a partner visa. The immigration legislation states that the sponsor who is a Permanent Resident must be settled in Australia to be eligible to sponsor a partner. Immigration Solutions found that the Sponsor although mostly living overseas spent significant portions of her life in Australia therefore accumulating significant ties to the community, family and her renewed life here once again.

Eventually the couple decide to lodge an 820 onshore partner visa instead. The subclass 820 visa is for people who are married to or in a de facto relationship with an Australian Citizen, permanent resident or resident eligible New Zealand Citizen. This visa allows applicants to remain in Australia until a decision is made regarding their subclass 801 permanent partner visa.

Immigration Solutions were able to provide extensive submissions and supporting evidence to establish that the Applicant and Sponsor had committed to having a life in Australia with their friends and family. Immigration Solutions flexibility during the visa preparation period allowed the Applicant and his family the ability to make the final decision on which visa to lodge at the time best suited for this applicant.

Immigration Solutions were successful in securing the grant of a Subclass 820 and Subclass 801 visa at the same time for the family. The applicant and the couple’s daughter are now Permanent residents, and the couple have in the meantime welcomed their second child, who is an Australian citizen.

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 Immigration Solutions are experienced in dealing with complicated matters and will do their best obtain a positive outcome for each and every case.

Click here to find out more about Immigration Solutions Lawyers.

Click here to read about a Subclass 309 Offshore Partner Visa on the Departments website.

Click here to read about a Subclass 820 Onshore Partner Visa on the Departments website.

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