Earlier this week, one of our clients was on the receiving end of a Subclass 820 (Partner) visa approval that took less than 5 days to come through. To avoid any misunderstanding, the current estimated processing time for the Subclass 820 (Partner) visa is 21 - 28 months.
However, this was no ordinary case.
There were exceptional circumstances that justified an urgent processing request to the Department of Home Affairs.
Unfortunately, the Australian sponsor is currently suffering from end-stage renal failure, and there is a realistic possibility the visa applicant will suffer hardship if their partner were to pass away during the 21-28 month estimated time for completion. This unfortunate scenario would mean our client will need to rely on a complex legal provision to prove their relationship would have continued if the Australian sponsor did not pass away before the Partner visa was approved.
These requirements can be found in Regulation 820.22(2), which states the following -
820.22 Criteria to be satisfied at time of decision
(2) An applicant meets the requirements of this subclause if the applicant:
(a) would continue to meet the requirements of subclause 820.211(2), (5) or (6) except that the sponsoring partner has died; and
(b) satisfies the Minister that the applicant would have continued to be the spouse or de facto partner of the sponsoring partner if the sponsoring partner had not died; and........
Proving the existence of a genuine relationship, where one party is deceased can be quite difficult for any Migration Agent.
Fortunately for our client, the writers urgent processing request was received by a very compassionate case officer who approved the Subclass 820 (Partner) visa almost immediately.
If you require help with your Partner visa, get in touch with CNA Immigration. We've highly experienced Migration Agents with the experience, expertise, and knowledge to ensure your Australian visa application is successful.