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Understanding Compelling Reasons for Partner Visa Schedule 3 Waivers australian resident visaFamilyImmigrationPartner VisaSchedule 3

Understanding Compelling Reasons for Partner Visa Schedule 3 Waivers

Broadly speaking, applicants for an onshore Partner (Subclass 820/801) visa are required to hold a substantive visa at time of lodgement. Where a Partner visa applicant does not hold a substantive visa at the time of application, they are required to satisfy “Schedule 3” criteria unless the Minister is satisfied that there are “compelling reasons” for not applying those criteria…
Jordan Tew
19 March, 2025
s48 of the Migration Act (bar from applying for visas onshore after visa refusal) australian resident visaSchedule 3

s48 of the Migration Act (bar from applying for visas onshore after visa refusal)

Foreign nationals who do not hold a substantive visa (i.e. they hold a bridging visa) and have had visa applications refused while they are in Australia, may be “barred” from making further substantial visa applications in Australia. This is referred to as a “s 48 bar” or “section 48 bar” which relates to the relevant provision in the Migration Act…
Jordan Tew
19 May, 2023
Can an agent’s actions constitute “factors beyond control” in Schedule 3? A case note: Wong (Migration) [2021] AATA 537 (19 February 2021) australian resident visaImmigrationSchedule 3

Can an agent’s actions constitute “factors beyond control” in Schedule 3? A case note: Wong (Migration) [2021] AATA 537 (19 February 2021)

Ms Wong (the applicant) and her family applied for Temporary Business Entry (Class UC) (Subclass 457) (457) visas on 2 March 2018. At the time of application, the applicant did not hold a substantive visa. Among other things, the primary criteria required that if the applicant were in Australia at the time of application and did not hold a substantive…
Emily Young
6 May, 2021