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Obtain work, travel, and study opportunities in Australia by securing a substantive visa. Seek professional advice from experienced migration experts at Parish Patience Immigration Lawyers for a stress-free substantive visa application!
What is the meaning of substantive visa? Substantive visas are any type of visa granted by the Australian government to applicants who intend to visit and/or stay in the country indefinitely for a particular purpose. It could be for studying, work, or travel. It is not the same as a bridging visa.
Bridging visas, on the other hand, are temporary visas granted to individuals whilst they wait for the processing of their substantive visa. All temporary visas and permanent visas, except bridging visas, criminal justice, and enforcement visas, are considered substantive visas.
The following is a quick list of substantive visa Australia.
If you are applying for any of these temporary and permanent visas, Parish Patience Immigration Lawyers are experienced migration consultants who can help you with anything related to visa applications or filing an appeal to reverse an unfavourable decision regarding your visa.
Talk to one of our Visa Experts Now.
If you have an existing substantive visa and wish to stay lawfully in Australia before your visa’s validity expires, you are eligible to apply for another visa and be given a bridging visa while you wait for the processing of your new substantive visa.
However, under Migration Regulations 1994, Schedule 3 states that if you are not a substantive visa holder when you lodged your partner visa application, your visa will be refused.
You must at least have held a valid substantive visa no less than 28 days after it elapsed. Otherwise, you will be required to leave the country and apply offshore.
The Schedule 3 requirements may be waived if there are compelling and/or compassionate reasons to ignore the rule.
Not needless to say, it is fairly difficult to convince a case officer to waive the Schedule 3 requirement. And while there are no specific guidelines as to what exactly constitutes a valid and compelling reason, the following are scenarios that demonstrate the ‘moral necessity’ of waiving the Schedule 3 requirement (in relation to partner visas).
It’s important to say that, while these may be considered “compelling” grounds to waive the Schedule 3 criteria, the case to be presented must be really “exceptional” in magnitude. Other factors such as the length of relationship, as it is already a requirement in a partner visa application, cannot be used as a compelling ground to waive the Schedule 3 requirement.
If you’ve been in Australia as an unlawful citizen for a number of years, and have seemingly done little efforts to prevent your current situation, chances are your request to have the Schedule 3 requirement waived will not be granted. For expert legal advice, speak to one of our senior consultants.
Once you receive a Schedule 3 Request, you have about 28 days to respond to the request in writing. You must also make sure to submit supporting documentation and evidence that will show compelling grounds to have the Schedule 3 criteria waived.
For example, if your sponsoring partner is suffering from a severe mental health issue, you must include documents confirming that the sponsor is indeed mentally ill, and that your visa refusal will make the sponsor’s situation worse.
Statutory Declarations, which bear more legal weight than a simple written document, are also helpful in your case, as providing dishonest information in a statutory declaration is illegal and could result in imprisonment.
Our customers are always happy to share their thoughts with us.
Here is what some of them had said!
The team at parish Patience Immigration Lawyers were incredibly helpful throughout the application process. Their assistance made our lives so much less stressful and their expertise cleared up any confusion we had. They remained engaged with us the whole time and quickly responded to any questions with thoughtful, detailed answers. Special thanks to Usman Ali and Shan . We highly recommend the team at Parish patience immigration lawyer for anyone considering help regarding any kind of visa .
Highly recommended lawyers! Extremely professional and reliable service, with outstanding outcomes. A special thanks to Mr Thong and Marlene, for helping us with our difficult case. Not only did they ensure that everything was ready to go, but their professionalism came in favor when we were granted our visa within just under 6 months!
Thong and Marlene helped my partner gain permanent residency in Australia. We did the application ourselves but it turned out lots of information we needed to provide was missing. Thong and Marlene picked our case up and helped amend it. I really appreciate their help and guidance and look forward to contacting them again in the future. I am pleased by their efforts and professionalism.
Successfully handled my case. He had been prompt, caring and very professional in dealing with my case. I am glad to have received very strong support, guidance and service from them. I would highly recommend Parish patience immigration lawyers. I wish the best for their future prospects.
I’m really thankful for the guidance and assistance I’ve received regarding my Partner visa from Shan and his assistance Asha at Parish Patience. They handled my matter professionally and there were clear instructions from the beginning till end. I got my partner visa 820 granted in less than 7 months, thanks to their knowledge and expertise. I wish them all the best and highly recommend Parish Patience Immigration Lawyers for any sort of immigration matters.
There is no simple or too complex a client case for us. Whether you need sound professional advice on your current situation or need legal representation for an appeal you plan to file as soon as possible, expect Parish Patience to give you the best migration agent or immigration lawyer to expertly handle your case and win together.
Book your appointment today by calling or emailing us. You can also send a detailed enquiry regarding your case using our website. Get in touch today and speak to a lawyer!
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Here’s what other people also ask about substantive visas.
Yes, a tourist visa is an example of a substantive visa.
No, a bridging visa is a temporary visa that allows individuals to stay in Australia while they are waiting for the processing of their substantive visa.
Yes indeed, a visitor visa is considered a substantive visa.
Yes, the Temporary Skill Shortage visa or subclass 482 is a type of substantive visa that allows Australians to nominate, sponsor, and source skilled workers overseas if there are currently no available skilled Australian workers to fill urgent job vacancies.
Yes, a visitor visa under subclass 600 is a type of substantive visa in Australia.
The Electronic Travel Authority (ETA) or Subclass 601 is a temporary visa. And yes, it is an example of a substantive visa as all temporary visas, excluding bridging visas, criminal justice, or enforcement visas, are substantive visas.
Yes, student visas are considered substantive visas.
Yes, the Working Holiday visa or Subclass 417 is a temporary visa that lets young people who wish to spend a holiday or even work in Australia for up to 12 months.
Yes, a Working Holiday visa is a type of substantive visa.
