Australia Forum banner

1 - 11 of 11 Posts

·
Registered
Joined
·
5 Posts
Discussion Starter · #1 ·
Hi Everyone,

I lodged my 820 partner visa on the 28th of November 2019.

Immediately, I submitted an in-dept letter explaining Compelling circumstances with many supporting documents attached requesting a wavier of Schedule 3.

(I never received a request letter for schedule 3, but was told on my 820 application form i needed to satisfy or request wavier)

I was under the impression from reading other threads schedule 3 is dealt with quickly? Its over 12 months later now and all I have received was a automated letter on the 28/11/20 saying my "820 application is progressing".

Will they notify me first if they have waived Sch 3? or do they let you know when they grant the 820?

Is this automated letter "application is progressing" significant?

Thanks in advance
 

·
Registered
Joined
·
21 Posts
Once they have waived your schedule 3, they will rather request for further information and police report, medicals if you have not done it. They will not notifies you when they waive it...They will go ahead and request for further information which are lacking in your application and to also make sure the married or the relationship Stil exist before they Grant you the Visa
 

·
Registered
Joined
·
3 Posts
Hi,

I’m in the same position as you. Submitted 820 on 28th November 2019 and also subject to Schedule 3. I haven’t received any requests or correspondence as yet either and hoping my case is picked up soon because the wait is killing me. I’m going to go ahead and complete my medical next month in the hopes that it might flag my application.

Do you mind letting me know if you prepared your schedule 3 submission yourself and what was involved? I’ve submitted information to my migration lawyer but I’m unsure what exactly gets submitted to the DIBP

Hope all goes well for you!!
 

·
Registered
Joined
·
6 Posts
Hi all,

*note: this not a legal advice.

Let me explain a little about my situation, I'm sure there are some who are in the same boat as i am, maybe not. Hope to hear your stories as i was also searching the internet especially this forum while working on my papers.

*December 2009 - At age 18 i arrived in Australia on a 3 month tourist visa to visit family. Condition 8053 attached.

*March 2010 - Few weeks before tourist visa ends i applied for protection visa 🏾. That was the only visa could apply for if wanted to stay in Australia for a better life.

*April 2011 - Application for protection visa denied.

*Selfishly overstayed.

*April 2015 - met a guy who i now call my husband. We've been together since then.

*January 2020 - We finally got married while i was still an overstayer. He's always wanted to get married but i was too scared incase immigration catches me 🏾.

*March 2020 - We found out i am pregnant.

Looked around and called around for lawyers and advise. All mentioned about minimum $10,000 for lawyers fees plus $7175 for partner visa cost or they just can't get on my case as it was too difficult. Even with the fact that I'm pregnant and I'm married to a permanent resident. They even advised to wait till i give birth coz being pregnant alone is not a strong case.

We're not rich sooo i decided to do everything myself.

*June 2020 - I finally applied for a Bridging Visa E (after 9yrs of being illegal). Approved 2days later, expires Jan 2021.


*July 2020 - I tried my luck on applying for a "No Further Stay Waiver" to have condition 8053 removed so i could hopefully apply for Partner Visa 🤞🏾.

*October 2020- "No Further Stay Waiver" application approved 🎉.

*November 2020 - Finally applied for partner visa, notification of application received 25mins later. Applied for Medicare and received it the same day.
*Next day - Received notification to undergo Medical. Went for Medical yesterday Jan 2021.

My husband has been paying for all medical bills regarding pregnancy till i got Medicare. We're just over the moon, we didn't have to pay expensive bills for giving birth in hospital as a private patient. Which could've been a minimum $15,000.

We welcomed our baby on December 2020, looking forward to a stress free 2021..Best wishes everyone...
 

·
Registered
Joined
·
6 Posts
You need to apply for waiver first and have schedule 3 removed to apply for any other visa, i guess from what I've researched and done myself. Even after i had waiver approved, schedule 3 removed, application received and them asking to book for medical at Bupa, they still got back to me a few days later that my application was invalid coz (i had my protection visa application rejected and overstayed for so long).

They gave me 2 working days to upload my witnesses form 888 and my Partners Form 40SP. Luckily it was on a Wednesday when they e-mailed so i had Thursday, Friday and weekend till before 8am Monday to upload. They e-mailed 2 days later with an Application Valid Acknowledgement. We attached a letter from husband also just to add weight.
 

·
Registered
Joined
·
6 Posts
There is a different form to have schedule 3 removed, "Form 1447 No Further Stay Waiver Request". Mine took about 3 months to get approved.
 

·
Registered
Joined
·
3 Posts
Hi Lucky21

Did the DIBP request your Schedule 3 submission?

They do not approve schedule 3 waivers before the partner visa application. You need to apply and pay the fees. They will then request your schedule 3 submission at any time after application.

If your schedule 3 submission is successful, only then will they continue to process your visa application.

Also, the DIBP will automatically send request for you to complete medical & police checks - it doesn’t necessarily mean a case officer has picked up your file.

Hope all goes well for you
 

·
Registered
Joined
·
3 Posts
Hi Lucky21

Did the DIBP request your Schedule 3 submission?

They do not approve schedule 3 waivers before the partner visa application. You need to apply and pay the fees. They will then request your schedule 3 submission at any time after application.

If your schedule 3 submission is successful, only then will they continue to process your visa application.

Also, the DIBP will automatically send request for you to complete medical & police checks - it doesn’t necessarily mean a case officer has picked up your file.

Hope all goes well for you
 

·
Registered
Joined
·
7,019 Posts
Schedule 3 waiver is a pretty tricky thing, I would certainly not try a DYI there are a number of traps in the legislation/policy that catch many out.

It is quite complicated (I have never done one) from what I have seen.

A waiver on a No Further Stay is a much different game ( I have done that DYI).

Best of luck guys.
 

·
Registered
Joined
·
6 Posts
Hi schedule3-Help

Sorry yes waiver is soo different had it confused with schedule 3.

Below is the e-mail i received from them 2 days after lodging my application. Did you get one of these too?

Your application for a Partner visa is not a valid lodgement.

This is because since last entering Australia on a substantive visa you were either refused a visa or had your visa cancelled. This means that you did not meet section 48 of the Migration Act 1958, and have been barred from making further visa applications in Australia.

In certain circumstances it is possible to lift the section 48 bar and lodge a Partner visa application, however conditions have to be met according to the Migration Regulations 1994, in Schedule 1; Item 1124B(3)(e).

If you wish to continue with this application, please ensure that it includes the following documents:

Evidence must be provided showing that the sponsor is an Australian citizen or permanent resident, or an eligible New Zealand citizen (e.g. passport, birth certificate). A driver's licence or Medicare card is not sufficient evidence.
A Form 40SP that has been completed by the sponsor who must be an Australian citizen or permanent resident, or an eligible New Zealand citizen. You must provide evidence to demonstrate the sponsor's status (e.g. passport, birth certificate). Form 40SP is an online form which you complete and submit via ImmiAccount.
A minimum of two Form 888 Statutory declaration by a supporting witness from Australian citizens or permanent residents, or eligible New Zealand citizens. These statutory declarations must have been signed within 6 weeks prior to the day you validly lodge your Partner visa application, and the declarants must state that you are in a married or de facto relationship.
Evidence must be provided showing that the declarants on your Form 888s are Australian citizens or permanent residents, or eligible New Zealand citizens (e.g. passport, birth certificate). A driver's licence or Medicare card is not sufficient evidence.
You are given 2 working days, until Monday .... and by 10:00 am, to provide and upload to immiaccount information requested or the application will be invalidated.

Please upload to immiaccount do not email documents.
 

·
Registered
Joined
·
6 Posts
Sorry yes no further stay waiver is different from schedule 3 waiver. Above is the e-mail i got from them 2 days after i lodged my partner visa application.
 
1 - 11 of 11 Posts
Top