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Hello everyone,

My partner has mistakingly submitted our partner application late and we have received an e-mail advising us of to comment on Schedule 3.

We have spoken with Mark Northam, and he told us we have a chance of waiving Schedule 3 down the road (we would likely be initially refused, but then have more chance when appealing to MRT). If my partner returned to Brazil, our compelling reasons would include my partner being a burden to his retired parents; a negative impact on my partner's boss and his small business; me suffering emotional trauma due to the separation and; me not being able to go to Brazil with my partner, as I am about to graduate and will soon be starting my first job.

Instead of attempting to waive Schedule 3, my partner is also considering going off-shore, applying for a prospective marriage visa, coming back here and re-applying for 820/801. Has anyone else done this? I have researched and could not find anything about this.

Applying for a 309/100 visa would be difficult, as I am not able to go back with my partner to Brazil. I think that being away from each other for 2 years may affect immigration's view of whether or not we are 'genuine and continuing'. So far, we have only been together for 2 years.

Sorry for the long post, and thank you in advance for any answers!
 

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You have a number of questions, and there are several options. Winning a Schedule 3 appeal is pretty difficult. I have won one recently but it took a lot of work to convince the Tribunal that reasons were compelling.

I think your partner's idea is good. At least you know the visa application is in process and you will be together again soon.
 
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