820/801 Partner Visa Grant for Overstayer with Refugee History and Schedule 3 Waiver
Case Summary
Background:
Our client, Ms. L, presented a highly complex case typical of a “reversal of fortune” scenario. The core challenges were: 1. A history of a previously lodged Protection visa (subclass 866) application, after which her bridging visa expired due to her former agent’s failure to timely pursue an appeal, resulting in her becoming an unlawful non-citizen (overstayer); 2. She lodged the partner visa application immediately after registering her marriage to the sponsor, indicating a relatively short relationship timeline at the time of application; 3. There were no common children from the relationship at the time of decision, and the female applicant was older than the male sponsor; 4. As an overstayer, her onshore application required a successful request for the Minister to waive the Schedule 3 criteria, a major legal hurdle without which she had no legal right to apply.
Taking Over the Case:
We understood that this case required overcoming significant legal barriers and building an impeccable evidence trail for the relationship:
Addressing the Core Legal Hurdle – Schedule 3 Waiver: Our primary focus was addressing her unlawful status. We prepared powerful submissions and evidence to demonstrate to the Department that compelling compassionate reasons existed for the Minister to waive the Schedule 3 criteria, thereby validating her onshore application. This was the cornerstone of the case’s success.
Building a Highly Persuasive Case for the Relationship: To address potential concerns (recent marriage, no children, age gap), we guided the client in preparing depth of evidence that went far beyond the norm. This included: detailed relationship statements explaining the logic and genuineness of their emotional development; statutory declarations from multiple friends; evidence of shared significant decisions; and extensive documentation of daily life demonstrating the continuity and genuineness of their relationship, building a narrative of a true, stable, and interdependent partnership.
Clear Full-Case Strategy and Communication: We provided the client with a clear explanation of the case’s complexities and our strategy from the outset, managing expectations and instilling confidence. We emphasized that the presence of common children is not a prerequisite for grant, and that the core focus is on demonstrating a genuine and continuing relationship.
Successful Outcome:
Our meticulously prepared legal arguments and relationship evidence were recognized by the case officer. The client’s subclass 820 temporary partner visa was successfully granted on May 9, 2023. This meant the Minister agreed to the Schedule 3 waiver and was satisfied of the genuineness of the spousal relationship. The processing time from lodgement to grant was approximately 11 months, significantly faster than the typical 3+ years for such complex cases, and the application was approved without any request for further information.
Successfully managing an extreme case combining multiple complex factors: overstay, protection visa history, a recently registered marriage, no common children, and an older female applicant. Through precise legal application and extremely meticulous preparation of relationship evidence, we secured the Schedule 3 waiver and achieved a rapid grant, unequivocally demonstrating our expertise in handling the most difficult “reversal of fortune” partner visa cases.
Visa Grant Notice
Case Study Disclaimer
All case studies shared in this website are based on real client matters handled by HECT Migration & Appeal Experts. To protect the privacy of our clients, all identifying details such as names, locations, occupations and personal circumstances have been altered or omitted. Only core legal and strategic aspects relevant to the visa outcome are presented. These case studies are provided for general information purposes only and should not be interpreted as individual advice. Please do not attempt to identify or compare yourself with any case discussed.
