Hello guys. I Had been apply for 820 on Jan 2018 and submitted my schedule 3 compelling reason on May 2018.. So its been 6 months now and i dont heard anything from immi? Just curious that is a good sign or my schedule has been waived? Is anyone here have similar situation like me?
Partner visa-Schedule 3
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Hi rundleyan,
Sorry for my previous post i didnt mention in detail.. Yes they did ask for the compelling reason after 3 months i applied for partner visa..Now im on bridging C no work condition .. I dont know whether my compelling reason its been waived or not huh
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It's hard to say. They requested my Schedule 3 criteria within 6 weeks of lodgement (I knew it was coming and was prepared for it). Then, granted my 820 visa just shy of the 7 month mark. So, hang in there. They usually do refusals fairly quickly. So hopefully waiting this long means good news.
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Hi LadyRogueRayne, I wish you congrats first for your grant of 820 Visa. I have applied mine on 31st may this year and got response just in about 3 weeks time on 20th june to explain the compelling circumstances which were already given at the time of lodgement of Application. I believe I had some circumstances which were extremely beyond my control as I been gone some rough patch of the life due to which I couldn’t attend my college for long and I had to move from my then residence. In result of what department cancelled my student visa and I couldn’t receive the cancellation letter in time due to not living at that place anymore. And by the time I got to know about the cancellation it was to late to apeal and do any other remedies and i approched the immi department but they were unable to help me either. I was still in certain situation which was beyond my control and was not able to choose to go back to my original country, I had not option but to go overstayed. By then i was in relationship already and got married to my partner in june 2016 ,but we couldn’t apply for the partner visa due financial hardship and other pending issues of my husband from her ex wife that time. But we have managed to lodge the application now and to waive Schedule 3 the compelling circumstances have been requested from us which we are going to submit within few days now.. We are in a genuine relationship and together for over 5 years and married for 3 years . Our compelling circumstances are real to but i am not sure what would be the result. We are assisted by a RMA and he seems very helpful too . Just hoping for the best .
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I’m planning to apply for a partner visa soon, I was on student visa and applied for extension which was refused 2 days ago,
I have a few questions to how i should proceed now with my Appeal and Partner Visa
1. I want to go ahead with my appeal and apply for partner visa onshore in august,
In this case does schedule 3 criteria apply to me ?
2. My partner had sponsor someone in past and he got his 820 approved but after that the marriage fall apart and she withdraw the sponsor before 801 was issued. This application was made in August 2014
Does this mean i will have to wait till August 2019 before she can sponsor me in terms of 5 years limit ?
I have a few questions to how i should proceed now with my Appeal and Partner Visa
1. I want to go ahead with my appeal and apply for partner visa onshore in august,
In this case does schedule 3 criteria apply to me ?
2. My partner had sponsor someone in past and he got his 820 approved but after that the marriage fall apart and she withdraw the sponsor before 801 was issued. This application was made in August 2014
Does this mean i will have to wait till August 2019 before she can sponsor me in terms of 5 years limit ?
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1. Yes, schedule 3 criteria will apply, as you won't be on a substantive visa when you apply for the 820/801. If you appeal, you'll be on a BVA while waiting on your appeal. So, that means you won't be on a substantive visa.
2. Yes, your partner will have to wait the full 5 years to sponsor you. However, if there are compelling circumstances, this can sometimes be waived.
I highly suggest you engage a RMA with this. Schedule 3 is hard to meet. I wouldn't have dreamed of doing it by myself. It was scary and there were no guarantees. You are on a rough road, so a professional is needed to guide you through this and discuss your options with you. You'd be much better off and hopefully won't end up throwing away over $7k.
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Thank you. I'm glad you got a RMA to help you. I really wish you luck. Schedule 3 is no joke and it's not easy to meet/waive the requirements. I wouldn't wish the stress/anxiety on anyone.
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Hi thank you for your detailed response, i guess there’s another option for me to apply offshore so after i’ve applied for appeal i take a BVB and go offshore and apply for partner visa, just question. Can my file be prepared and lodged by a lawyer who is in Australia as i don’t know much lawyers overseas and he lodge it when i’m overseas ?
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That sounds like your best bet; to go offshore and apply. I'd recommend a Registered Migration Agent (we have a sticky of several really good ones who frequent this forum). Most of them can assist you no matter where you are, since everything is completed online these days. I worked with two RMAs during my visa process, both are listed on the sticky. Here's the link. Best of luck!
https://www.australiaforum.com/visas-immigration/252474-registered-migration-agents.html
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