Subclass 820 Partner Visa and the Schedule 3 requirement

September 7, 2017

How to establish compelling and successful circumstances to waive the Schedule 3 criteria:

The client presented to our office with a refusal from the Department of Immigration and Border Protection (‘DIBP’) in relation to a refused (subclass 820) partner visa as the client failed to meet Schedule 3 of the Migration Regulations. Upon review of the client’s matter, it was found that the last time the client held a substantive visa was in 2001. The client instructed that he had not attempted to regularise his status sooner as he had met and fallen in love with the Visa Sponsor. Additionally, the Visa Sponsor’s daughter suffers from Cerebral Palsy and the client was plagued with fear that he would be separated from them both. The team at Immigration Solutions Lawyers worked tirelessly on this matter and produced a lengthy and comprehensive submission that evidenced the genuine relationship of the couple. The team were also able to establish considerable extenuating compelling and compassionate circumstances which existed, to have schedule 3 waived. Accordingly, the client was successful at the Administrative Appeals Tribunal (‘AAT’) and was ultimately granted a (subclass 820) partner visa by the Department of Immigration and Border Protection (‘DIBP’).

This case is yet another example of the experience and expertise that Immigration Solutions Lawyers have in complex visa refusals at the AAT level. For more information on how Immigration Solutions Lawyers can assist you or someone you love, call us on 1300 428 472 to book a consultation