Our process is as follows:
If you are in Australia and you have a visa with condition 8503, then you will not be able to apply for a partner visa onshore, unless a waiver of the condition can be obtained first.
If you are in Australia without a valid visa, there may be some instances where you can apply for a partner visa (see also Schedule 3 criteria below)
Schedule 3 requirements apply to people who, at the time they apply for a sc. 820 visa, are either unlawful or hold a bridging visa. If that is the case, the applicant must satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied there are compelling reasons for not applying those criteria. “Compelling reasons” is not defined in the Migration Regulations and this means that the meaning of this open to interpretation by case officers.
Previously many applicants managed to get a waiver from schedule 3 criteria relatively easily. However, the DIBP have now changed their interpretation of ‘compelling reasons” and in most cases, it is much harder (if not impossible) to get the schedule 3 criteria waived. Note also that the new interpretation is applied retrospectively.
If you are affected by schedule 3 criteria seriously consider if it is likely that you will qualify for a waiver and if it is worth to lodge an onshore application, as refusals are very expensive and immensely stressful.
If you have already applied for an onshore partner visa and you get a request to submit information regarding any compelling reasons to waiver Schedule 3, make sure you properly address the request.
If the relationship breaks down during the application process, there can be all sort of unintended consequences for both the sponsor and the visa applicant. For most people, it is incredibly stressful to have to deal with visa issues on top of the emotional turmoil of the relationship coming to an end, especially if there are children involved or there are family violence issues. We provide quick and discreet phone or email consultations so you can discuss your options and obligations.
Hi Nick, Thank you very much for all of the effort you have put into this. This was emotionally charged from our end and you helped take that out. We were expecting this to take at least 12 months but thanks to you this has happened in 4-5 months. Feel free to put me forward as a reference to any prospective clients that come your way. I will be spreading the word around too.
Hi Nick I, appreciate your service and taking care of my application. I did receive the visa grant! I was happy and I took me time to grasp the new status. It’s awesome to know that I can stay in Au.
Dear Nick, A. and I would like to thank you for all the work and effort that you had put into our application. We are beyond happy and no words could ever express how grateful we are. We can now finally be together. Thank you once again and God bless you.
Just to inform you T and J got their citizenship application approved; they got the letters through the mail today.
Thank you very much for all the advice and help you have given us. We are both extremely greatful. I would most certainly recommend your services to anyone who needs them.
© Coral Coast Migration Services 2021