We specialise in Partner Visas in Australia for eligible
partners and spouses of Australian citizens and permanent residents.
Partner Visas are for spouses or partners of Australian citizens, permanent residents in Australia and
eligible New Zealand citizens who wish to live in Australia. You need to apply for both temporary and
permanent visas together. These visas can be applied whilst the applicant is outside Australia (Subclass
309/100) or inside Australia (Subclass 820/801). A temporary visa is the first step towards getting a
permanent visa to live in Australia with your spouse or partner. The visa applicant must be sponsored by
an individual who is either an Australian citizen, Australian permanent resident or eligible NZ citizen.
Amongst other things, the department will need to be satisfied that the relationship is genuine. Since
this can be subjective, it is critical that a compelling case be submitted at the time of application and
managed carefully until the applicant is granted permanent residency. It is a complicated procedure, but
with the right immigrant lawyer, you will sail through the entire process and get the Partner Visa
without any hassle.
300 VISA – Prospective Marriage Visa
What Is The 300 Visa?
The fiancé visa or the Prospective Marriage Visa, Subclass 300, is a temporary visa for applicants who
intend to come to Australia and marry their sponsor within nine months. The applicant must be outside
of Australia both at the time of the application and at the time of decision.
Schedule 3 Criteria
What Is The Schedule 3 Criteria For Partner Visas?
Has your substantive visa expired? Have you lodged another visa application which was subsequently
refused? Are you an unlawful non-citizen? Hold a bridging visa issued as a result of another visa
application or are currently unlawful. You may still be eligible to lodge a partner visa onshore if you
meet the criteria under Schedule 3. If you meet these criteria, you will be permitted to lodge an onshore
partner visa and not be barred from applying under section 48 of the Migration Act.
What Are The Requirements Of Schedule 3 To Apply For A Partner Visa?
To meet Schedule 3 criteria, you must meet all of the following requirements
The application for the partner visa must be lodged within 28 days of the expiry of your previous visa.
Having compelling grounds for the grant of the partner visa.
You are not the holder of a substantive visa as a result of factors beyond your control.
Intention of compliance with the partner visa.
You would have been entitled to be granted a partner visa if you had applied for the visa on the last day you held a substantive visa.
Having complied substantially with any conditions subject to which your last visa was granted.
The previous substantive visa held by you was not subject to a no further stay condition (8503). If any of the above criteria cannot be met, you would need to apply for a waiver of Schedule 3 based on compelling and compassionate reasons.
If any of the above criteria cannot be met, you would need to apply for a waiver of Schedule 3 on the basis of compelling and compassionate reasons.
What Are The Examples Of Compelling Reasons For Waiving Schedule 3?
The Department of Home Affairs will assess your individual circumstances and evaluate whether to
waive Schedule 3 criteria. They will take into account the individual’s circumstances and another person,
such as the Australian citizen partner or child. Some examples of compelling reasons for the waiver of
Schedule 3 criteria are as follows:
Detrimental consequences to the Australian sponsor’s mental, financial or emotional support, should the visa application be required to leave, and the partner visa processed offshore.
Circumstances outside of your control, e.g. severe illness, war or incapacity to leave Australia.
An Australian child who might be adversely affected.
Why Choose Withstand Lawyers For The Schedule 3 Criteria ?
Maryann specialises in all aspects of immigration law, including issues around Schedule 3, visa
cancellations and visa refusals. She is approachable and committed to providing personalised service so
call us on 0403 150 559 or 02 8221 8828.
Partner Visa 309 & 100 – Offshore Or Partner Visa 820 & 801 – Onshore
The visa allows one to migrate to Australia based on either a married or de-facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen. This visa must be applied from outside Australia. Subclass 309 or 820(temporary) is granted first. Two years after the initial application, the permanent residency visa (subclass 100 or 801) is assessed. Suppose the applicant is in a long term relationship with their sponsoring partner. In that case, the department will grant both the temporary and permanent residency visa at the same time, so there is no need for the applicant to wait another two years for the permanent residency visa to be decided.
461 VISA – New Zealand Citizen Family Relationship Visa
What Is The 461 Visa?
The applicant is someone who is the partner or eligible family member of a settled NZ citizen. It is a temporary visa that allows you to live, work and study in Australia for five years. This visa can be applied for whilst the applicant is either in Australia or overseas and can be renewed, providing the applicant continues to meet the eligibility requirements.
MY Legal Services and Migration is dedicated to help people migrate to Australia who are committed to make a great contribution to the country. We offer sound advice and assistance to make the process of migration seamless. Migrating to Australia is not easy, especially in today’s time. Even if you are qualified in every sense, sometimes, that may not be enough. In that case, you need someone who has over 17 years of solid experience in the area of immigration.
We specialize in various types of migration cases, such as skilled migration, business migration, employer nomination, family sponsorship, special eligibility, student applications and temporary visas.
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