Schedule 3 Partner Visa – if you are in Australia without a valid visa, you may still apply for a Subclass 820 Partner Visa (click here to learn more). However, at the time of your application you must either:
Partner visa application without a current visa?
The difficulty of applying for a second visa in Australia while holding a non-substantive visa, or if your visa is not valid, is that you are likely worried about the likelihood that your Partner visa application will be approved. You must adhere to the additional Schedule 3 standards in this situation. We’ll discuss the repercussions of applying for a partner visa in Australia while holding a non-valid visa in this post, as well as how to satisfy the additional Schedule 3 requirements to have your application granted. Let’s see how we can assist you after you tell us your tale and the stage you are at.
Is Schedule 3 Requirement Time of Application or Time of Decision Legal Criteria?
Prior to the case of Waensila v Minister for Immigration and Border Protection  FCAFC 32, there are cases to decide that the Schedule 3 requirements can only be satisfied by evidence provided to the Minister as at the time of submitting the application. However, the Full Federal Court in Waensila’s case decided that compelling reasons can arise at any time, including after the visa application was made.
Essentially, Waensila’s case opens compelling reasons to include circumstances that have occurred well after the lodgments of the partner visa application. The compelling reason can be something that happened some years after the visa application was lodged. This decision is favorable to the visa applicant.
Since 1888, we have been offering assistance and support for all types of Visas in Australia. We’ll make sure your application is processed correctly and quickly – so that it meets the requirements necessary to enter this great country! We provide comprehensive solutions to the candidates and support them throughout the entire Visa journey.
Please call our office on 02 9286 8700 or email: firstname.lastname@example.org
Parish Patience Immigration Lawyers is here to assist if you wish to move to Australia as a skilled worker and require professional advice.
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