Case: Schedule 3 Waiver for a Partner Visa

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.

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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.