[Sophia5000]

Hello, I need some assistance for my partner (applicant) we are in a De Facto relationship with no children.

My partner and I applied for a partner visa onshore in Australia two years ago, but it was refused due to not meeting schedule three criteria so my partner had to depart. ( He was on a bridging visa E)

My partner went off shore and we applied for a partner visa straight away (July 2016),

in the meantime he has applied for a tourist visa from Nepal to come visit me In Australia. We have just received an email ( 5.10.16) from the DIBP of the Visitor (Temporary) ( 12 months) Class FA 600 visa stating that we need to show proof that the applicant satisfies Public Interest Criterion (PIC) 4014 contained in clause 4014 of Schedule 4 to the Migration Regulations 1994.

We need to show compelling or compassionate circumstances affecting the interests of an Australian citizen (I, the sponsor).

My questions are:

1) what are the chances of getting a successful waiver for not meeting schedule 4? ( We have been together for four years in December this year).

2) Should we just pull out from the tourist visa and wait for our partner visa results?

3) What are the chances of our partner visa results being successful since we do not live together right now, and I can’t live in Nepal due to work and my studies.

EDIT:
***1.The applicant was on a student Visa, it got cancelled for low attendance in 2011.
2. He went through MRT ( known as AAT now) not in our favour.
3. We took the case to the Federal court, with two barristers acting on his behalf again not in his favor.
4. Lastly Minister intervention, The minister did not intervene in the case due to us being in a relationship.
5. Applied for onshore partner visa, Didn't meet schedule three criteria, Applied to AAT for compassionate and compelling reasons, that was unsuccessful.
We have spent about approx $50,000 on lawyers, migration agents until today. ***

 

[wrussell]

Hello, I need some assistance for my partner (applicant) we are in a De Facto relationship with no children.

My partner and I applied for a partner visa onshore in Australia two years ago, but it was refused due to not meeting schedule three criteria so my partner had to depart.

My partner went off shore and we applied for a partner visa straight away (July 2016),

in the meantime he has applied for a tourist visa from Nepal to come visit me In Australia. We have just received an email ( 5.10.16) from the DIBP of the Visitor (Temporary) ( 12 months) Class FA 600 visa stating that we need to show proof that the applicant satisfies Public Interest Criterion (PIC) 4014 contained in clause 4014 of Schedule 4 to the Migration Regulations 1994.

We need to show compelling or compassionate circumstances affecting the interests of an Australian citizen (I, the sponsor).

My questions are:

1) what are the chances of getting a successful waiver for not meeting schedule 4? ( We have been together for four years in December this year).

2) Should we just pull out from the tourist visa and wait for our partner visa results?

3) What are the chances of our partner visa results being successful since we do not live together right now, and I can't live in Nepal due to work and my studies.

Thankyou so much guys! I love this forum

Here is the relevant regulation, which you should have been sent:
4014 (1) If the applicant is affected by the risk factor specified in subclause (4):

(a) the application is made more than 3 years after the departure of the person from Australia referred to in that subclause; or

(b) the Minister is satisfied that, in the particular case:

(i) compelling circumstances that affect the interests of Australia; or

(ii) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;

justify the granting of the visa within 3 years after the departure.

(4) Subject to subclause (5), a person is affected by a risk factor if the person left Australia as:

(a) an unlawful non-citizen; or

(b) the holder of a Bridging C (Class (WC), Bridging D (Class WD) or Bridging E (Class WE) visa.

(5) Subclause (4) does not to apply to a person if:

(a) the person left Australia within 28 days after a substantive visa held by the person ceased to be in effect; or

(b) a bridging visa held by the person at the time of departure was granted:

(i) within 28 days after a substantive visa held by the person ceased to be in effect; or

(ii) while the person held another bridging visa granted:

(A) while the person held a substantive visa; or

(B) within 28 days after a substantive visa held by the person ceased to be in effect.

**********************************************************************************
Making a waiver submission would not necessarily have an adverse effect on your visa prospects, but it is not possible to offer a considered professional opinion about your prospects without knowing the full particulars of your case.

 

[CCMS]

Hello, I need some assistance for my partner (applicant) we are in a De Facto relationship with no children.

My partner and I applied for a partner visa onshore in Australia two years ago, but it was refused due to not meeting schedule three criteria so my partner had to depart.

My partner went off shore and we applied for a partner visa straight away (July 2016),

in the meantime he has applied for a tourist visa from Nepal to come visit me In Australia. We have just received an email ( 5.10.16) from the DIBP of the Visitor (Temporary) ( 12 months) Class FA 600 visa stating that we need to show proof that the applicant satisfies Public Interest Criterion (PIC) 4014 contained in clause 4014 of Schedule 4 to the Migration Regulations 1994.

We need to show compelling or compassionate circumstances affecting the interests of an Australian citizen (I, the sponsor).

My questions are:

1) what are the chances of getting a successful waiver for not meeting schedule 4? ( We have been together for four years in December this year).

2) Should we just pull out from the tourist visa and wait for our partner visa results?

3) What are the chances of our partner visa results being successful since we do not live together right now, and I can't live in Nepal due to work and my studies.

Thankyou so much guys! I love this forum

1) Impossible to answer.
2) if you can make a substantial case for the waiver to be applied, it might be worth pursuing. It would really depend on your personal circumstances and would require a detailed submission.
3) Impossible to answer.

 

[Sophia5000]

Thankyou for your help and yes the email did state the above information!

My lawyer has offered to assist us with the case but we will have to spend $5,000-$7,000 ! just to risk getting refused like the past 4 years.. I'm trying to find a migration agent in Sydney who can help us and wont charge as much!

 

[Sophia5000]

1) Impossible to answer.
2) if you can make a substantial case for the waiver to be applied, it might be worth pursuing. It would really depend on your personal circumstances and would require a detailed submission.
3) Impossible to answer.

Thank you! Well we relied on compassionate and compelling reasons to meet schedule three on our last partner application, however we were unsuccessful.

Not much has changed now, But we wish we could be together, the best i can do is go on a holiday, I wont be able to live with him in Nepal permanently. I really hope the DIBP can understand this and accept our application accordingly.

 

[CCMS]

My lawyer has offered to assist us with the case but we will have to spend $5,000-$7,000 ! just to risk getting refused like the past 4 years.. I'm trying to find a migration agent in Sydney who can help us and wont charge as much!

$5000.00-$7000.00 for a tourist visa application with a waiver request ? That's pretty steep. It could be done for less than half that amount.

 

[Sophia5000]

$5000.00-$7000.00 for a tourist visa application with a waiver request ? That's pretty steep. It could be done for less than half that amount.

That amount was just for the waiver request ! I did the application my self. This barrister is highly experienced and charges $450/hour ! We have used his services for the past four years ! Life is so expensive in Australia

 

[CCMS]

That amount was just for the waiver request ! I did the application my self. This barrister is highly experienced and charges $450/hour ! We have used his services for the past four years ! Life is so expensive in Australia

Still seems excessive to me, but if he can deliver the goods and you are willing to pay, why not. I am only a registered migration agent, but have obtained 4014 and 8503 waivers for a fraction of the fees your barrister charges. Having said that, from the information provided I would not be too optimistic about a positive outcome in your particular case.

Your barrister might be highly experienced, but you have spent tens of thousands of dollars and your partner had to leave the country anyway. Seems like a raw deal to me.

 

[Sophia5000]

Still seems excessive to me, but if he can deliver the goods and you are willing to pay, why not. I am only a registered migration agent, but have obtained 4014 and 8503 waivers for a fraction of the fees your barrister charges. Having said that, from the information provided I would not be too optimistic about a positive outcome in your particular case.

Your barrister might be highly experienced, but you have spent tens of thousands of dollars and your partner had to leave the country anyway. Seems like a raw deal to me.

Yes! We have spent tens of thousands of Dollars to this Barrister and we still haven't been Successful! Hence why I am hesitant to risk paying thousands again!

My barrister has said, if we did not get a favourable response then he would be making submissions once again to the Minister. (This will be the third time seeking ministerial intervention), however that won't be worth it since the wait is too long, and our partner visa results may come along by then!

 

[CCMS]

I'm sure your barrister will keep making submissions as long as you keep paying. In my humble opinion, it is often overkill to use lawyers for visa applications. A simple approach is often far more effective.

 

[wrussell]

Yes! We have spent tens of thousands of Dollars to this Barrister and we still haven't been Successful! Hence why I am hesitant to risk paying thousands again!

My barrister has said, if we did not get a favourable response then he would be making submissions once again to the Minister. (This will be the third time seeking ministerial intervention), however that won't be worth it since the wait is too long, and our partner visa results may come along by then!

I have sent you a PM.
Ask your barrister about his success rate with waiver requests. Mine is 100%.