January 2021

You do not have to stay in an abusive relationship for the purpose of a Partner Visa.

Best Immigration Lawyers take domestic and family violence very seriously. There are legal options if you are experiencing family violence by your sponsoring partner, allowing you to obtain permanent residency through Family Violence Provisions even if your relationship breaks down due. Family violence includes conduct, whether actual or threatened, which causes the victim to reasonably fear for their well-being and safety.

Our team recently assisted a client who held a subclass 820 visa and was experiencing family violence by her Australian partner. In this case, the applicant was in a de facto relationship, holding a subclass 820 visa and consulted our team once the relationship broke down. We first notified the Department of Home Affairs of the change in circumstances. As the applicant had no court orders, we prepared legal submissions for the subclass 801 visa under non-judicial Family Violence provisions. We were able to successfully argue that our client was the victim of family violence. With the assistance of our Senior Registered Migration Agents and Senior Registered Migration Lawyers, the case was processed successfully without the need for further assessment by an Independent Assessor. The applicant is now a permanent resident of Australia working towards her Australian citizenship.

Best Immigration Lawyers is able to navigate the Family Violence provisions. We can help you to construct the strongest legal arguments, so please contact us online or call us on 0292830888 for professional assistance.

How to establish compelling and successful circumstances to successfully waive Schedule 3 criteria

The client presented to our office with a refusal of Graduate Visa by the Department of Home Affairs whereby the AAT affirmed the original refusal decision. Upon review of the client’s immigration history, it was found that he last held a substantive visa in 2017. The client was also in a long-term relationship with his partner, who recently became an Australian Permanent Resident, so we explored the partner visa as a pathway for the client.

The case was very complex. Despite the couple being in a long-term relationship for over 10 years, a vast majority of their relationship involved long-distance with minimal time living together which made the case a lot more difficult. Withstand Lawyers worked comprehensively and our team was able to prepare lengthy and detailed submissions that not only demonstrated the genuine relationship of the couple but also established compelling and compassionate circumstances to have Schedule 3 criteria waived such as emotional dependency, financial impact and the Australian partner’s emotional state, to name a few. The client was subsequently granted the Subclass 820 Visa without having to leave Australia and process the partner visa offshore.

Schedule 3 is one of the top 3 reasons why onshore partner visas for applicants who don’t hold substantive visas are refused. If you have received a Schedule 3 warning letter, you may only have 28 days limited days to provide legal arguments and evidence to Defence Housing Australia (DHA). Withstand Lawyers can help you to construct the strongest legal arguments for your case and give you the best chance of your Onshore Partner Visa being approved. Please call us today for assistance with your partner visa application and Schedule 3 submissions.