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Discussion Starter · #1 ·
Hi guys,
I am in a sticky and urgent situation.

I was on a student visa until 30th of september 2020. I officially graduated on the 24th of september 2020. I was misadvised by an RMA that I have 28 days even after expiry of student visa to apply for further visa (I was planning to apply for 485). I collected all my documents till 27th september and booked an appointment with the RMA on 1st of october 2020. I obviously could not apply for 485 as I was 1 day late.

I applied for BVE immediately (on the 1st october 2020 and got it granted on 8th of october) on that day since I was scared to be unlawful and the homeaffairs helpline told me to do so.

I consulted many agents and lawyers in the next two days and hired 'No borders - sydney branch'
They told me that I am a strong applicant for partner visa 820 and planning to apply for it by the next week.

But, I am scared of not meeting schedule 3 criterias since I am on a bridging visa. I think given all I have read in multiple case studies, the threshold for 'compassionate' reasons is very high which I probably cannot meet.
My lawyers, no borders, are saying that we can argue about it and I do have compassionate reasons to stay in Australia.

My questions:
- Is it worth it to take a shot and probably apply for review if I get refused by DHA?
- Realistically, how much time will I get? I need to save money by working to apply for second time.
- Is it better to apply offshore. If i apply offshore, I cannot see my partner until I get granted a visa (1-2 years) due to covid.
- If i get refused for onshore application by DHA and AAT, can I go offshore and apply for partner visa again? In DHA website, it clearly says that I cannot apply for 309 if I my visa application has been refused. Also, will my partner lose the oppurtunity to sponsor me again for 5 years if i get refused by DHA and AAT?

I appreciate any help. Thanks so much!
 

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You seem to have been very badly advised/represented.
Getting past schedule 3 is extremely dificult. To have a good fighting chance you need an Australian citizen child.
If i get refused for onshore application by DHA and AAT, can I go offshore and apply for partner visa again?
Yes, notwithstanding what you might have found on a DHA website.
It might pay you to consult one of the registered migration agents who posts on this forum for correct advice.
 

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Discussion Starter · #3 ·
Thanks for that.
I consulted many lawyers and everyone said the same thing.
I will try to go offshore and apply for 485.
 

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Discussion Starter · #6 ·
Could you please explain why?
As of now, it seems the safest route for me. The only thing I will wait for is the borders to open and I can come back to Australia with 485.
 

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I can think of two options right now,
1. Apply for a visitor visa citing unavailability of commercial flights and quarantine requirements by paper submission.
2. Apply for another student visa

P.S I’m no lawyer or registered agent so discuss this possibility with a immigration lawyer.
 

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At the risk of repeating myself:
It might pay you to consult one of the registered migration agents who posts on this forum for correct advice.
 

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Thanks for that.
I consulted many lawyers and everyone said the same thing.
I will try to go offshore and apply for 485.
Since you have already overstayed a visa, getting a temporary visa such as a 485 may be very difficult. Not to mention that you want to apply for a partner visa so you may be digging a hole with DHA if you seem to be taking every way to get a visa for Australia.

I'd strongly recommend you contact one of the RMAs who post regularly on this forum. WRussell is one of them, and you can find others names in the sticky post at the top of this forum page.
 
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