Schedule 3 of the Migration Act makes it harder for an Applicant to get a Partner Visa when lodged inside Australia. It gives extra criteria an applicant must meet when the applicant has been illegal, an unlawful non-citizen or they did not hold a substantive vise when the application was lodged in Australia. It doesn’t cause a problem when the applicant is outside Australia.
Schedule 3 often causes a visa to be refused and in the last few years Schedule 3 refusals have become far more common.
Basic details of the law and regulations:
- Previous visa refused or cancelled and you became unlawful, i.e. no visa.
- Was the reason for becoming unlawful outside your control?
- Are there compelling and compassionate circumstances that will be sufficient to grant you the visa while in Australia?
This last point is crucial and we can guide you on your prospects. There have been some unusual decisions at the appeal Tribunal. Examples include that having a baby or child together MAY help you but being pregnant at the time of application often WILL NOT. Depression in the sponsor is usually not enough but serious health conditions can be. It is complicated and a good assessment of your situation is needed.
The situation we need to look at is whether the compelling circumstances were in existence at the time of APPLICATION. This is crucial although some flexibility has come in around this.
We have had some great successes but we also give you advice on whether you will meet the very tough criteria. Where clients have not had sufficient reason to meet this criteria, in all cases we have taken on, they have been back in Australia within 6-12 months.
You need expert guidance, this is NOT a time for do-it-yourself visa work.