Schedule 3 waiver

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Schedule 3 waiver


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Old 12-13-2018, 03:46 PM
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Schedule 3 waiver

Hi there, does anyone know how long it takes for the natural justice letter to come through asking for reasons regarding schedule 3?

many thanks


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Old 12-13-2018, 10:38 PM
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I received mine about 5-6 weeks from application of my 820 visa. Sometimes they only take a month or so; other times, it can take several months. It just depends on how quickly they look at it.

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Old 12-13-2018, 10:50 PM
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Originally Posted by LadyRogueRayne View Post
I received mine about 5-6 weeks from application of my 820 visa. Sometimes they only take a month or so; other times, it can take several months. It just depends on how quickly they look at it.

Thank you, did you also apply within the 28 days of your substantive visa expiring? I am now worried I have done the wrong thing as I have read we have to give reasons that were out of our control why I applied onshore. I believe we have compassionate and compelling reasons but not reasons out of our control.


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Old 12-13-2018, 10:57 PM
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Yes, I did apply within the 28 day window of my substantive visa expiring. For me, I did have some issues that kept me from making the application beforehand. However, if you are successful in getting a waiver, it waives those requirements. And it could be considered beyond your control if you explain your reasons for applying...due to discovering after you'd already applied for the other visa that due to the changes that were implemented, you were no longer eligible to apply for that visa and had to withdraw it.

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Old 12-13-2018, 11:12 PM
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Originally Posted by LadyRogueRayne View Post
Yes, I did apply within the 28 day window of my substantive visa expiring. For me, I did have some issues that kept me from making the application beforehand. However, if you are successful in getting a waiver, it waives those requirements. And it could be considered beyond your control if you explain your reasons for applying...due to discovering after you'd already applied for the other visa that due to the changes that were implemented, you were no longer eligible to apply for that visa and had to withdraw it.
Thank you again you have been really helpful. I was thinking that you received the waiver only if you met the requirements, is that not the case? We did put a statement in our application explaining our situation.


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Old 12-14-2018, 01:15 AM
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It's really hard to say. You can try to meet all of the requirements. And/or you can ask for a waiver of Schedule 3 due to compelling circumstances. If granted a waiver, then that means they waive Schedule 3 criteria. That's what you want to go for...a complete waiver so that it won't be an issue for your reasons why you applied on a BVA.

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Old 12-14-2018, 02:04 AM
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Quote:
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It's really hard to say. You can try to meet all of the requirements. And/or you can ask for a waiver of Schedule 3 due to compelling circumstances. If granted a waiver, then that means they waive Schedule 3 criteria. That's what you want to go for...a complete waiver so that it won't be an issue for your reasons why you applied on a BVA.
Aw I think I understand now (the penny has dropped). So if we dont pass the "out of your control" criteria then we would ask for a waiver due to compelling circumstances? Thank you very much.

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Old 12-14-2018, 12:25 PM
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Aw I think I understand now (the penny has dropped). So if we dont pass the "out of your control" criteria then we would ask for a waiver due to compelling circumstances? Thank you very much.
Yes. But you have to make sure you have compelling circumstances.

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Old 12-15-2018, 12:16 AM
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Yes. But you have to make sure you have compelling circumstances.
yeah I think we do (hopefully its enough), we spoke with Mark and he gave us some advice.

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Old 12-15-2018, 12:23 AM
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Mark is good. I worked with him on some of my visa stuff. CCMS is also brilliant. He helped me with my Schedule 3. I worked with both RMAs and was SO glad I did. The Schedule 3 criteria is very scary.

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Applied for 820: 5 Oct 16
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Applied for 801: 8 Sept 18
CO contact: 26 Apr 19 (call & email/son's State PC)
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