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Successful Waiver of the Schedule 3 Criteria

The applicant came to Immigration Solutions seeking help with a Subclass 820 partner visa. The Applicant’s migration background made the case difficult due to the extensive number of visa applications lodged and refusal history.

The Applicant came to ISL seeking help with a Subclass 820 partner visa after having had a bad experience with another migration agent. The applicant had lodged a student visa application, through his previous migration agent. This student visa application was refused, and the Applicant then lodged a review to the Migration Review Tribunal. Although the student visa application was eventually remitted back and granted by the Department, the applicant was never made aware of this and when the student visa expired he became unlawful.

The applicant had found it difficult to apply for an additional visa as he had become illegal without his knowledge for over three years.

During this time the Applicant met the Sponsor and started a genuine and committed relationship.

ISL was able to provide evidence that the Applicant and Sponsor were in a de facto relationship and shared all aspects of their lives. ISL was able to provide compelling evidence that the couple relied on each other both emotionally and financially.

Along with the Subclass 820 Partner visa applicant ISL submitted to the Department that the Schedule 3 Criteria should be waived in this instance, due to the fact the Applicant would be persecuted for being in a same sex relationship if he was to return to his home country. Further, ISL was able to provide evidence that the Applicant had made contributions to the Australian community in his field of work over the past several years.

Although this visa application was refused by the Department, ISL then proceeded with a review to the AAT, which was successful. The case was remitted back to the Department with the instructions that the Applicant does meet the requirements to waive the schedule 3 criteria. ISL was able to provide extensive evidence for the Applicants contributions to the field and that the research he had undertaken while in Australia would be adversely affected if the Applicant was to leave the country.

ISL extensive collection of evidence was used to obtain a successful waiver of the Schedule 3 Criteria for the Applicant.

Immigration Solutions Lawyers is one of the leading immigration law firms in Australia. Headed by managing director and principal lawyer Anne O’Donoghue, the firm has over 22 years of experience. The legal team at ISL are experienced in dealing with complicated matters and will do their best obtain a positive outcome for each and every case.

To read more about Immigration Solutions Lawyers click here.

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