Is There a Partner Visa Lawyer in Liverpool NSW?

Can a partner visa lawyer help Liverpool clients by video?

A partner visa lawyer can help Liverpool clients by video, and My Migration Lawyers runs its consultations, document collection and case management that way for clients across Sydney. The application is lodged online and the firm deals with the Department electronically. Our partner visa lawyers Sydney page describes how the firm works with Sydney couples.

What is Schedule 3 for an onshore partner visa?

Schedule 3 is a set of additional criteria that applies to an onshore partner visa applicant who does not hold a substantive visa at the time of application, for example someone on a bridging visa or someone who has become unlawful. The criteria look at how the person came to be without a substantive visa and whether the circumstances were beyond their control. They also consider whether the person would otherwise satisfy the requirements for a visa and has complied with conditions. An applicant who does not meet Schedule 3 will be refused unless the criteria are waived. Our article on the partner visa Schedule 3 criteria explains each requirement.

Can Schedule 3 be waived?

Schedule 3 can be waived only where there are compelling reasons for not applying the criteria, assessed at the time of the decision. Departmental policy treats a genuine relationship, and the hardship a couple would face if separated, as generally not enough on their own to be compelling reasons. Factors such as Australian children, serious health issues or other strong circumstances may be relevant. Our Schedule 3 waivers page explains how the firm prepares these cases.

Should I lodge before my current visa expires?

An applicant who still holds a substantive visa should generally consider lodging before that visa expires, because lodging while holding a substantive visa avoids the Schedule 3 criteria altogether. The applicant must also check any no further stay condition on the current visa, because that can prevent a valid application. Our article on the partner visa without substantive visa explains the difference that timing makes. A few days can change the outcome, so the date the current visa ends should be confirmed from the Department's records, not from memory.

What if I am on a Bridging Visa E?

An applicant on a Bridging Visa E can usually still lodge a Subclass 820 application, but Schedule 3 will normally apply and the evidence must address it. The bridging visa conditions, any earlier refusals and the reason the applicant became unlawful all matter. An applicant who has had a visa refused or cancelled since last entering Australia should also check how the section 48 bar applies before lodging. Our article on the partner visa on Bridging Visa E explains the issues.

How does My Migration Lawyers approach Schedule 3 cases for Liverpool couples?

My Migration Lawyers approaches Schedule 3 cases for Liverpool couples by building a full immigration history first, using the Department's records rather than memory, so the firm knows exactly when the last substantive visa ended and why. The firm then decides whether the Schedule 3 criteria can be met directly or whether a waiver submission is needed, and prepares the evidence of compelling reasons alongside the relationship evidence. Our article on the partner visa Schedule 3 waiver submission explains how such a submission is structured.