820/801 Partner Visa Grant with Schedule 3 Waiver: Successful Onshore Application Despite Overstay
Case Summary
Background:
Mr. M’s case presented significant complexities: 1. He was already in a period of unlawful stay at the time of application lodgement; 2. His previous migration agent had provided inadequate service, lodging the application by paper and failing to follow up on its progress for three years; 3. A successful Schedule 3 waiver request was required to justify lodging the application onshore, representing the core legal challenge of the case.
Taking Over the Case:
Upon taking over the case mid-process, we immediately initiated a systematic case restructuring:
Comprehensive Case Assessment and Document Review: Conducted a thorough review of all previously submitted materials retained by Mr. M to identify what had been filed and pinpoint missing crucial evidence.
Robust Schedule 3 Waiver Argumentation: Focused on preparing strong legal arguments for the Schedule 3 waiver, detailing compelling reasons why he should be permitted to lodge the application onshore without departing Australia.
Efficient Gap Identification and Remediation: Quickly identified and procured necessary documents that were previously missing, including relationship evidence and financial proofs, ensuring the application was complete and persuasive.
Establishing Effective Communication Channels: Ensured direct and effective communication with the Department to guarantee supplementary materials reached the case officer and maintained ongoing follow-up on the application’s progress.
Successful Outcome:
Through our professional intervention and the client’s cooperation, the Department accepted the Schedule 3 waiver arguments. Mr. M’s subclass 820 temporary partner visa was successfully granted on January 6, 2021. This meant he obtained lawful temporary residency without needing to depart Australia, laying the groundwork for his subsequent subclass 801 permanent visa application.
This case demonstrates our capability to handle complex unlawful stay cases. Even with significant prior mishandling, through professional legal argumentation and efficient case management, we successfully achieved a reversal of fortune for the client.
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