# Accidentally overstayed, must now satisfy Schedule 3 for partner visa :-(



## Jae (Mar 23, 2013)

I'm a US citizen who is married to an Australia citizen. I spent most of 2012 in Australia on a tourist visa. In order to avoid having to fly overseas every 3 months, I applied for an extended stay visa that would allow me to stay for 6 months. I mistakenly believed this was literally just an extension to my original tourist visa and happily continued on my merry way believing that my original expiry date of Nov 2012 still applied.

I just found out last week that wasn't the case and that the extended stay visa was a separate visa and actually cancelled my original tourist visa, with a new expiry date of Sept 2012. Oops. There was nothing to indicate clearly that it was a separate visa and the new expiry date was contained in an email that was sent to my husband (since he was the sponsor of this new visa). He never opened the email, thinking it was just a receipt for the payment, and of course he never forwarded it to me.

One day before my original expiry date, we lodged an application for a partner visa, with the assistance of a very expensive migration lawyer, who now claims he also did not know the original tourist visa and the extended visa were two separate visas and that the latter cancelled the former. Upon lodging my partner visa, I was granted a bridging visa C.

When I went in last week to immigration to update my passport details and inquire as to whether or not the "no travel" restriction on my BVC could be lifted, it was then that I was informed that I had unwittingly spent nearly two months in Australia unlawfully! I was also told that, because I had been unlawful, I would now have to satisfy "Schedule 3 criteria" in order to get my partner visa:

Criterion 3001 requires that the application is made Within 28 days of the last day on which the applicant held a substantive visa or from the time notice is given.

Criteria 3003 and 3004 require that the applicant satisfy several sub-criteria which include the following: 
-the applicant is not (i.e. at time of application) the holder of a Substantive visa because of factors beyond their control', and 
-there are compelling reasons for granting the visa; and 
- the applicant complied substantially with the conditions of their last visa (apart from any condition breached simply because the applicant ceased to hold a visa); and 
-the applicant would have met all the criteria for grant of the visa in this application apart from the Schedule 3 criteria, on the last day they held a substantive visa.​
My biggest concern is being able to satisfy the criterion for "factors beyond my control". I'm not sure what was essentially an honest mistake would count as being beyond my control. Our migration lawyer has said he does not know how to deal with something like this. I have 19 days left to come up with a response to immigration.

Does anyone know, if I don't satisfy that requirement, does that mean I will have to go back to America and lodge another partner visa off-shore?

If so, does the 3 year exclusionary period apply to spouses or can I lodge again right away?

I am so furious that the lawyer did not catch this and I really do not want to go back to America without my husband. We have been nearly bankrupted by the process of getting me here so far and we really cannot afford an expensive mistake like this. Would it be worth it to fire this lawyer and hire another one to sue him for malpractice? Even the girl I spoke to at immigration was surprised that he claims not to have known they were two separate visas, as it is such a basic thing.

I am at a loss as to what to do. Our options seem very limited right now, and none of them very attractive.


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## MarkNortham (Dec 19, 2012)

Hi Jae -

Sorry to hear of your troubles! It certainly sounds like your migration attorney was not giving you sound advice - if you want to report him for disciplinary action, I suggest you visit http://mara.gov.au and file a complaint - it will cost you nothing, and would likely be far more effective than a lawsuit. As far as your lawyer not having any idea how to handle a Schedule 3 Waiver, again, I'd report that too - it sounds like your attorney may not be very well informed about migration regulations - the fact that attorneys get a "free pass" on the immigration law knowledge test when they apply for a license to be a Registered Migration Agents (while the rest of us have to take 6 months of grueling courses and written exams with an 80% dropout rate due to the severity of the courses) produces the kind of results you see.

Now let's move on to your case! Short answer: Yes, if you do not satisfy the Schedule 3 criteria, you would not be able to lodge an onshore partner visa. The Schedule 3 criteria are a part of the time of application requirements for the onshore partner visa (820/801) but are not part of the requirements for the offshore partner visa (309/100).

Next short answer: The 3-year exclusion period, if it were imposed on you, would not limit your ability to lodge permanent visa applications including the partner visa. The 3-year period generally applies to temporary visas, including student visas, temporary work visas such as the 457, and perhaps importantly in your case - visitor visas. Many people who lodge offshore partner visas apply for a visitor visa to visit their partner in Australia during the processing period, which is now quoted at 12-15 months.

My thought would be to explore the options of the Schedule 3 waiver, and consider either writing it yourself or having a Registered Migration Agent assist you. 3001 is obvious - you made the application more than 28 days after you held a substantive visa. It's 3003 and 3004 you need to focus on. An honest mistake, especially if it was the result of professional advice from an immigration attorney, may be seen as a factor beyond your control as you at all times intended to be lawful and relied on the information provided by others in order to achieve that intent. I assume you can show how you complied with all the other visa conditions (that should be detailed in the waiver request, especially how you did not work, etc) and would have met all the requirements for the partner visa if you had applied in Sep 2012 before you held the visa. The actual requirements of 3003 and 3004 are simplified in the text that you posted - I assume that's from DIAC. A competent agent will look at the exact legal language of this Schedule (or you should if you're doing this yourself) and address each of the sections specifically and completely. Especially look at the compelling reasons criteria and focus on what would happen to your marriage and other aspects of your life (and your husband's life) in Australia if you were forced to leave Australia and wait out an offshore application for 12 months or more - would your husband be able to leave Australia? If not, what would so much time apart do to your lives? Would you be able to afford to have 2 homes for that year? If your husband had to leave Australia to be with you and support you in America, would other Australians be disadvantaged by his absence (ie, people who might benefit from his work and presence here in Australia), etc. These are some of the things that can be factored into a successful Schedule 3 waiver submission.

It's impossible for me to predict what chances you may have to get the Schedule 3 Waiver, but I've seen them granted in situations far worse than yours if that means anything. Part of the decision will be determined by all the details of your situation and how much evidence can be provided to satisfy the various parts of the Schedule, and the other will be determined by the opinion of the case officer evaluating your waiver request, which is much harder to predict.

Please advise if I can be of any further assistance -

Best,

Mark Northam


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## Jae (Mar 23, 2013)

Mark, thank you for such a helpful reply!

Since I have already lodged an onshore partner visa, does this mean it will be thrown out and I will have to do it all again? Aside from getting the waiver, is there any way I can avoid having to leave the country?

Of course being forced to leave would be devastating for us on so many levels. We married in September last year and I feel that for a couple to be apart during the time when they should be laying the foundations for a strong marriage is a recipe for disaster. We were also hoping to start a family later this year, as I'm pushing 30 and my husband is on the wrong side of 40. My being stuck in America would mean postponing that. 

His mother, a permanent resident, is 90 years old with dementia and we are her only family here who can care for her. Since my husband works and I do not, that responsibility falls heavily on my shoulders. Even if we didn't have his mother to worry about, I couldn't sponsor him for an American visa. I wouldn't meet the income requirements. I closed my business last year when I came here and we made the decision that I would move here. I also sold pretty much everything I owned, so I would have no car, no furniture, and my house is currently occupied, so I would have nowhere to live. 

Naturally, all this would impose a HUGE financial burden on us. Between reapplying for the visa, the airfares, and money sent over with me to support me until I could find a job, we'd probably be looking at $10-15k at the very least. There is no way our current financial situation could support that.

The case worker has indicated she is not interested in hearing excuses (unless I misread the tone of her email) and I'm concerned that nothing we say is going to be good enough for her. I could probably come up with other reasons why we should get a waiver (it WAS an honest mistake, after all!), but those items above are probably what I would focus on. Are those the sorts of reasons that a waiver would be granted for?

Depending what that lawyer tells us on Monday, we may choose to find someone more competent to help us. He charges us $400 an hour, which I think is just too much money for someone who has made such a major mistake as this. Would you suggest that using a migration agent who is not a lawyer would be the better way to go, and if so, what is the standard going rate for such people?


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## MarkNortham (Dec 19, 2012)

Hi Jae -

$400 an hour for that kind of a mistake and he's not sure how to handle a Schedule 3 waiver??? Wow. I don't mean to comment about the "competition", but even if this guy said he'd do the waiver for free, which is an evil word in most lawyer's vocabularies, if I were in your shoes I'm not sure I'd trust him to get the job done thoroughly and properly, especially given what's at stake.

As far as not knowing about the previous visa situation, no reputable agent I know takes on a client or even discusses a specific plan of action without first ascertaining their current visa situation - it takes about 30 seconds with an online system called VEVO, and it ensures that the agent is fully aware of the client's current situation, and especially any important dates such as expiration dates.

We handle these sorts of matters and I'd be happy to assist - From what you've said I think you have good grounds for a Schedule 3 waiver, especially because of your partner's mother's care and some of the other circumstances you described. No one can guarantee you an outcome since DIAC is making the decision, and I need to see your full paperwork for the application and DIAC's request to you to have a better idea of the specifics.

I'd be happy to provide an initial consultation for you by Skype or at our offices in Sydney, and if you choose to engage us to create your Schedule 3 Waiver request, our charge would be very competitive (and far less than $400/hr!) - please email me at [email protected] if I can assist any further or you'd like to schedule the consultation, and we'd be happy to work with you.

Best,

Mark Northam



Jae said:


> Mark, thank you for such a helpful reply!
> 
> Since I have already lodged an onshore partner visa, does this mean it will be thrown out and I will have to do it all again? Aside from getting the waiver, is there any way I can avoid having to leave the country?
> 
> ...


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## Celt in Oz (Nov 3, 2012)

Hi Jae, 

I'm sorry to hear about your predicament, I am in a similar situation and I have to overcome schedule 3 criteria. 

I have also had a consultation with an immigration lawyer, this is my understanding:

Do not take schedule 3 criteria lightly, this is a complicated aspect of immi law which results in A LOT of visas to be rejected. If you apply for an onshore partner visa (and you have) be prepared for it to be rejected. However, it is not the end of the world. When it is rejected you have a set period to appeal to the MRT, it is a long slow process but if like me and all you really want is to be with your partner and don't really care about the actual visa rights at least you will have that.

from what I understand the processes will go something like this:

Apply for onshore partner visa - in about three weeks you will be put on a bridging visa C - in about 12-15 months time (current processing period) your visa will be accepted or rejected - if rejected you should appeal to MRT - current waiting period for a hearing is about two years - once you have your hearing MRT will either turn over the decision or not. 

I cant tell you if you have grounds to have S3 removed BUT you will need help from a immi lawyer, I think you should get in contact with a new one, they might be able to help you with the shocking service the other lawyer gave you. 

I'm expecting mine to be rejected and I'm applying on the grounds of compelling reasons (partner is pregnant), it is a scary, expensive process and the only comfort is I will be with my partner while all this is going on. 

I would be more than happy to stay in contact as it might help to have someone in the same situation.


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## Celt in Oz (Nov 3, 2012)

Also you might find this useful:

If you do not have a visa (for example over-stayers, unlawful non-citizens) or hold a type of visa known as a Bridging visa then you may be able to apply for and be granted a Partner visa but you will need to establish that your circumstances fall within:

(a) The 28 day rule

If you held a valid visa within the last 28 days and can show that:

you became unlawful because of circumstances beyond your control;
there are compelling reasons for granting the visa; and
you complied with the conditions of your previous visa

you can make an application for the visa and will be assessed about whether you meet therequirements for the 28 day rule.

OR
(b) “Compelling reasons”

Migration law allows people with “compelling reasons” to be considered for a Partner visa in Australia even if they do not hold a substantive visa when they apply. The law does not define “compelling reasons”. Departmental policy says that the following circumstances would normally be considered “compelling reasons”:

where the couple are in a long-standing spouse relationship (taken to be for at least two
years); and/or
where there are Australian citizen children from the relationship.

Other examples that may be compelling reasons include:
maternity issues where departure from Australia could complicate matters for the applicant
age related maternity issues for the applicant
separation for an extended period from the sponsor
where the applicant is the sole breadwinner and their departure would significantly impact on
the sponsor's welfare
negative impact on step-children's formative years if the applicant departs
DFAT warnings on community violence in the applicant's home country which makes it
unsafe for the applicant's circumstance
hardship caused to the relationship between the sponsor and the applicant's children if the applicant and the children have to leave Australia to make an application offshore
where the sponsor feels compelled to leave Australia with the applicant, leading to loss of
employment and income in Australia and resulting in serious financial and other difficulties for the family unit when they eventually are able to return
reasons concerning safety for the applicant and the sponsor in the applicant's home country if required to submit application offshore
the applicant's family unit and the sponsor would suffer significant psychological and material hardship if they were forced.to depart the country, and/or
• the sponsor relies on the applicant for ongoing and continuous care.


Again as you can see it is a major headache, but this does make your case stronger. If you cannot meat the requirements you listed in your post you still have the "compelling reasons", something I believe you have grounds.


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## Jae (Mar 23, 2013)

Mark-

My husband just spoke with that lawyer and he said we should try to go for the waiver based on that fact that:
-we have a loving and genuine relationship
-we are trying to start a family
-my husband's mother needs me to care for her (we will get a letter from the doctor documenting her dementia and her need for regular supervision and assistance)
-my husband would have to quit his job if he wanted to be with me in America (we will get a letter from his boss detailing what his job is, how he is important to the project, and how it would affect the hospital if he left)
-the financial burden it would place on my husband if he had to maintain me separately in America for any length of time

Plan B would obviously be to try to meet the criteria and the lawyer said that in that case, we should just explain how the email with my new expiry date went astray and how he should have double checked my status. The lawyer is not outright taking any responsibility, of course, but he did say he didn't think it would be reasonable to for someone to claim it was my fault.

Failing that, then I guess we would appeal? And try to have a baby before the hearing?

Does any of that sound like a good plan of action?

The lawyer said my case officer said they were just about to approve my application when they noticed I had been here illegally, so he thinks they will be looking for reasons to say yes rather than to say no. I hope that's the case, but I am still very nervous!


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## Jae (Mar 23, 2013)

Celt in Oz-

Thanks for replying. Sorry to hear you are going through this, too! I would think they would take the impending birth of your child into consideration, although I get the impression that usually works more in the favour of a foreign mother than a foreign father, but it's hard to believe they would break up your family and leave your partner without you there to support her and the baby. I hope you get a ruling in your favour soon!

Do you know if when you make an appeal to the MRT if you get to stay in the country until your hearing? Like would they just put you on a bridging visa for a few years until they get around to you or something?


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## Celt in Oz (Nov 3, 2012)

As my lawyer said, DIAC do not base the rules on logic.

I just feel for couples that are going through this apart, its disgusting to expect a committed couple to be apart for such an extended period.

I hope mine wont be rejected, however, I think its best to have a plan. From my understanding once DIAC has rejected the application you have a short period of time to appeal to the MRT.

If the MRT accept that your case has grounds for appeal, you will go in a big pile until the hearing. I think the current wait is two years. I believe during this period you just remain on the bridging visa. Like I said before, depending on your priorities, its not the end of the world. At least you get to stay with your partner. The MRT is separate to DIAC, and I think having that impartiality does help with genuine cases.

To be clear, I am no expert but from what you have said, I believe your ONLY chance on getting the schedule 3 criteria wavered is on compelling grounds.


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## MarkNortham (Dec 19, 2012)

Hi Jae -

My thoughts, based on the info you've provided - Plan "A" stands a good chance of success as long as the submission is written by someone qualified to do so. The reasons the lawyer mentioned make sense as we discussed on this thread over the weekend.

Plan "B" - if the lawyer is not willing to take responsibility for his mistake, that pretty much says it all about the lawyer! I don't give this option much of a chance of success now that DIAC has officially requested you explain how you satisfy Schedule 3. DIAC has a very low tolerance for mistakes made by licensed professionals, especially when they're lawyers. It's my view that there is little to any sympathy to be found on DIAC's part re: trying to "blame the agent" etc for issues where deadlines were not met, etc. If you are not to blame, and the lawyer says he's not taking responsibility, who on earth does the lawyer propose take responsibility for missing the deadline...??

Best,

Mark Northam



Jae said:


> Mark-
> 
> My husband just spoke with that lawyer and he said we should try to go for the waiver based on that fact that:
> -we have a loving and genuine relationship
> ...


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## Jae (Mar 23, 2013)

Just an update:

We submitted our request for a waiver on Tuesday and today (Thursday), my case office called to say that she approved my waiver AND my residency visa! So in about five days, I will officially have temporary residency. 

Still not happy about that lawyer of ours, but at least the problem is fixed now.


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## MarkNortham (Dec 19, 2012)

Congratulations, Jae!! Great outcome.

Best,

Mark Northam



Jae said:


> Just an update:
> 
> We submitted our request for a waiver on Tuesday and today (Thursday), my case office called to say that she approved my waiver AND my residency visa! So in about five days, I will officially have temporary residency.
> 
> Still not happy about that lawyer of ours, but at least the problem is fixed now.


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## SaMb27 (Nov 12, 2013)

Hi there 
My name is Sam 
I also get stuck into schedule 3 criteria. I really dont know what to do I m been married for 4 months were in relationship for more than year before we decided to get married and also been living together from the start of this year, 

My student visa was ceased in sept 2011 I applied for MRT took year n half to present the case while I was on bridging visa till june 2013 MRT didnt granted me the visa then I was told to leave this country in 28 days and I applied for minister invention thought I will get thru here while I was married to my wife by then I put up the case in minister invention thinking here will be a green light I will retain my student visa back but criteria didnt allowed me go further with miniaterual invention anf as I was married to australian citizen they granted me further bridging visa to apply for my partner visa I believed this could be the process but now I get the letter says you must make a sumbission to schedule 3 criteria 3003 and 3004 I really dont know what to do I m just married cant imagine to leave my wife behind any help in here will be appriciated.

Regards 
SaM


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## kttykat (Oct 30, 2012)

Like in Jae's case, you can get around this sometimes but I would strongly suggest that you need help to submit your case. I would recommend that you talk to Mark Northam (The guy from the last post before yours) and get some help.

Kttykat


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## SaMb27 (Nov 12, 2013)

kttykat said:


> Like in Jae's case, you can get around this sometimes but I would strongly suggest that you need help to submit your case. I would recommend that you talk to Mark Northam (The guy from the last post before yours) and get some help.
> 
> Kttykat


 Thanks kytykat I will look forward for what can I do ... I just dont understand how to prove beyond my control part however could financial reasons be compiling reasons as well, she is still looking for work not workin as yet will that adds a point in anyway.


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## louiseb (Dec 22, 2012)

I agree with KK Mark Northam is probably the best migrant agent around and has helped hundreds of people on this forum, he gives exact up to date information, personally i recommend him as the best, what Mark doesnt know others can write on the back of a postage stamp. May be worth giving him a call.

Louiseb


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## SaMb27 (Nov 12, 2013)

louiseb said:


> I agree with KK Mark Northam is probably the best migrant agent around and has helped hundreds of people on this forum, he gives exact up to date information, personally i recommend him as the best, what Mark doesnt know others can write on the back of a postage stamp. May be worth giving him a call.
> 
> Louiseb


 Thanks louiseb I already send him a private msg waiting for him to comeback to me if not I will probably give him call away tomorrow. Thanks much appreciated.


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## SaMb27 (Nov 12, 2013)

Mark Northam

[/QUOTE]

Hi Mark dont know how to start from I arrived Australia on student visa which was finished and applied for the extention of student visa got rejected and remain of MRT from sept 2011 to june 2013, MRT didnt accepted my appeal and the didn't consider me giving visa as well I applied for ministers intervention in a hope that I will get thru here as I have study gap because of my psychological problem had a modrate OCD while I was on student visa and I was meeting the criteria for ministers intervention so for a very reason I was ok that I will be granted visa.

On the other hand I have had a relationship with my girl friend for over the year, we Got married in july after I applied for ministerial intervention thought everything gonna be fine we were anyway about to get married but they referred as the change in circumstances and told me that you are eligible for partner visa go with that. 
And they issued me the further visa to apply for partner visa and also recived the acknowledgment as well. But now after 3 months I applied for my visa they send me letter to satisfy schedule 3 criteria. Which I m not sure about , I never overstayed never broke any law in immigration, did every right thing I could and still I m in schedule 3.

Mark I need to know what are my fair chances I read a lot about it and to be hobest I m shit scared about it. 
I read your comments and you seems like you can get me outta trouble I dont want to leave my wife behind and go back home and cant imagine to live separate.

What are my fair chances Mark if I go ahead with all this.

Regards 
SaM


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## MarkNortham (Dec 19, 2012)

Hi Sam -

Thanks for the info. You need a properly prepared Schedule 3 waiver submission in order to proceed with the partner visa. Schedule 3 is a set of regulations that are triggered when certain things happen, such as applying for a visa while you've been holding a bridging visa for a period of time. Different parts of Schedule 3 are applicable to different visas. Suggest you contact me directly via email and we can discuss further - my website is below in my email signature - you can go there and then click on "Contact Us" in the upper right corner - would be happy to discuss further.

Best,

Mark Northam


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## aminsagar123 (Jun 26, 2014)

Hey All,
When the Schedule 3 waiver is granted, do the case officers inform the applicant or is it just a waiting game.

I sent my Schedule 3 Waiver Application for my partner visa around 16 days back.

I sent compelling reasons statement and evidence. Also sent relation evidence documents which were requested alongside Schedule 3.

The only email i received from CO was when the documents were received. Didn't hear anything after.


Thank for help.


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## MarkNortham (Dec 19, 2012)

Hi Aminsagar123 -

Usually takes a number of weeks to evaluate the Schedule 3 waiver application - if you pass, you often will not hear anything until a visa decision is made - could be months away. If you fail Schedule 3, you'll usually hear about that earlier - 1-3 months from now.

Hope this helps -

Best,

Mark Northam


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## aminsagar123 (Jun 26, 2014)

Thanks for your reply Mark. Highly appreciate the good work you are doing here.


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## DylanW (Jan 26, 2011)

Congrats Jae! its always nice to hear a good positive outcome


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## Jae (Mar 23, 2013)

I know this thread is a bit old now, but I thought it made more sense just to post under my original thread rather than explain everything in a new one.

I've just submitted all my stuff for permanent residency for my partner visa. Once again, I had to fill out a Form 80 and of course, one of the questions is if you've ever overstayed a visa. Well, of course, I had to answer yes. Presumably they already know that, given that that was the cause of having to satisfy a Schedule 3 the last time.

However, I'm now really worried that answering yes to that will make them look more closely at my application. We decided to go it alone this time- no more $400 p/h migration lawyers for us! 

Does answering yes to any of those character questions automatically mean closer scrutiny or having to be interviewed or anything like that? Should I be worried about not getting PR?


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## MarkNortham (Dec 19, 2012)

Hi Jae -

If you were referring to a previous instance of overstaying that had been declared previously in your initial partner visa application, then referring to it again in the PR part shouldn't be an issue from what you've said. Main thing to consider these days that DIBP is apparently being much tougher on permanent (second stage) partner visas is making sure you have lots of evidence of the four primary types (financial, social, nature of commitment, nature of household) - given how they are being, we are essentially treating these very similarly to primary partner visa applications in terms of how much relationship evidence to provide.

Hope this helps -

Best,

Mark Northam



Jae said:


> I know this thread is a bit old now, but I thought it made more sense just to post under my original thread rather than explain everything in a new one.
> 
> I've just submitted all my stuff for permanent residency for my partner visa. Once again, I had to fill out a Form 80 and of course, one of the questions is if you've ever overstayed a visa. Well, of course, I had to answer yes. Presumably they already know that, given that that was the cause of having to satisfy a Schedule 3 the last time.
> 
> ...


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## BionicAllah (Feb 10, 2014)

Hi Mark,

I was advised not to send in more than 10 photos and that facebook PM's between one another during time apart do not count as evidence is this still true? We submitted our application back in Feb 2014 and just had an email to advise it's move up in the Queue. Not sure if it's too late or pointless sending in any more evidence now.


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## MarkNortham (Dec 19, 2012)

Hi BioniAllah -

I don't know of any policy that limits photos - we routinely lodge 10-20 photos for clients, sometimes more depending on circumstances. Same for PM's while apart - haven't heard of any specific policy on this, and the online partner visa upload system even has a category for evidence of "record of contact while apart". If you have additional evidence you believe would be helpful, no reason I see not to upload it since DIBP has to consider all evidence submitted up until the point of a decision (or if an earlier deadline has been given, the deadline).

Hope this helps -

Best,

Mark Northam



BionicAllah said:


> Hi Mark,
> 
> I was advised not to send in more than 10 photos and that facebook PM's between one another during time apart do not count as evidence is this still true? We submitted our application back in Feb 2014 and just had an email to advise it's move up in the Queue. Not sure if it's too late or pointless sending in any more evidence now.


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## BionicAllah (Feb 10, 2014)

MarkNortham said:


> Hi BioniAllah -
> 
> I don't know of any policy that limits photos - we routinely lodge 10-20 photos for clients, sometimes more depending on circumstances. Same for PM's while apart - haven't heard of any specific policy on this, and the online partner visa upload system even has a category for evidence of "record of contact while apart". If you have additional evidence you believe would be helpful, no reason I see not to upload it since DIBP has to consider all evidence submitted up until the point of a decision (or if an earlier deadline has been given, the deadline).
> 
> ...


Oops I totally posted this in the wrong forum but that you for getting back to me.

Alright I guess that's my Saturday sorted going through old facebook messages.


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## wrussell (Dec 31, 2014)

Jae said:


> Just an update:
> 
> We submitted our request for a waiver on Tuesday and today (Thursday), my case office called to say that she approved my waiver AND my residency visa! So in about five days, I will officially have temporary residency.
> 
> Still not happy about that lawyer of ours, but at least the problem is fixed now.





Jae said:


> I am at a loss as to what to do. Our options seem very limited right now, and none of them very attractive.


All registered migration agents must carry professional indemnity insurance to cover clients in the circumstances you have described.


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## Jae (Mar 23, 2013)

MarkNortham said:


> Hi Jae -
> 
> If you were referring to a previous instance of overstaying that had been declared previously in your initial partner visa application, then referring to it again in the PR part shouldn't be an issue from what you've said. Main thing to consider these days that DIBP is apparently being much tougher on permanent (second stage) partner visas is making sure you have lots of evidence of the four primary types (financial, social, nature of commitment, nature of household) - given how they are being, we are essentially treating these very similarly to primary partner visa applications in terms of how much relationship evidence to provide.
> 
> ...


Thanks, Mark. I had heard that they were cracking down on partner visas, although I've had some people say that Americans don't need to worry. I do worry, though! I applied online and they didn't specify how many photos they wanted and there is a file limit. I definitely attached fewer than 10 photos, although we actually don't have that many of us. I'm also a bit worried they might think our finances aren't combined enough. I guess all you can do is just wait until you hear from them, though! They've confirmed they have everything they need and said someone will contact me eventually.


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## Aliz (May 16, 2015)

*Defacto overstayer*



MarkNortham said:


> Congratulations, Jae!! Great outcome.
> 
> Best,
> 
> Mark Northam


Hello mark 
I've been working illegally full time I'm a head chef at a restaurant it's very busy I've over stayed my visa by. Over seven years know I've been through lots of hardships where my dreams got shattered and even think about ending my life but everythang happen for a reason I guess know it's been two years I'm in a defacto relationship with a women who I truly love n we both are very happy together she's 49 I'm 29 does age gap matters and we have applied fo defacto partner visa and have been granted Bvc but with no working rights and we are planning to apply for working rights this week so my question what would I say to immigration if they ask me what I've been doin this time was I working how I was surviving is it ok If I tell them I was working should our application get affected by that that's all


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## Valentine1981 (Sep 13, 2012)

Aliz the age gap in your relationship is the least of your problems!!!! 

- working full time illegally (your employer is also liable for heavy fines for employing you) 
- overstaying your previous visa by 7 years!! It's amazing you haven't been caught and deported yet!!! 

If you apply for a partner visa when you don't hold a valid Australian visa you will be asked to prove that you satisfy schedule 3 criteria - it used to be that a long term relationship was sufficient grounds for this but not anymore!! 
I would be contacting a migration agent with an excellent reputation ASAP!!!! Because you have put yourself into a situation that you stand pretty much ZERO chance of a positive outcome without assistance. You tell them about your illegal activities = trouble....you don't tell them and lie on your application = trouble 

Immigration doesn't care about your hardships!! You are in a very bad position right now


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## rani (Aug 8, 2013)

If you 'accidentally' overstayed by 7 years you have a big problem. I am wondering if your grammar is a bit mixed up and you mean you recently overstayed?? Unless you have strong compelling reasons your best option would be applying offshore if you are truly in a genuine relationship. You will be under a lot of scrutiny considering you are illegal and although the age gap is not necessarily something that will stop a visa grant it will be highly suspect if you don't have proof of a genuine relationship. Best to talk to a good agent if you are genuine but if you don't seriously want to spent the rest of your life together you should think twice because an application fee then refusal then appeal with be a long and costly business with no guarantees at the end.


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## Deathwing (May 13, 2015)

Why would you even try to justify being an illegal? I don't know your situations, but that doesn't mean it's right to be an illegal because you had 'situations' - everyone has one btw; and if you think DIBP will accept you overstaying your visa for 7 years with no effort to legalise your status, we might as well have no law.

And now, _of course_, now you 'fall in love, truly love, and very happy' with this lady and try to get a visa. DIBP knows all these scenarios very well, so I would get a professional migration agent to see what your chances are, if DIBP would buy your story.

Sorry if I'm being too frank.


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## MarkNortham (Dec 19, 2012)

Hi Aliz -

Thanks for the question. If you have overstayed your visa by 7 years, there is a very low likelihood of you getting through the Schedule 3 criteria for the onshore partner visa, especially after the policy change last year that, for long-term unlawful persons, says that you would need to provide evidence that something prevented you from regularising your status for the entire period you were unlawful. Would suggest you get professional assistance with the application to maximise your chances of getting through the Schedule 3 criteria, and also be prepared to lodge offshore if DIBP and MRT aren't willing to waive Schedule 3. Please advise if I can assist further -

Best,

Mark Northam



Aliz said:


> Hello mark
> I've been working illegally full time I'm a head chef at a restaurant it's very busy I've over stayed my visa by. Over seven years know I've been through lots of hardships where my dreams got shattered and even think about ending my life but everythang happen for a reason I guess know it's been two years I'm in a defacto relationship with a women who I truly love n we both are very happy together she's 49 I'm 29 does age gap matters and we have applied fo defacto partner visa and have been granted Bvc but with no working rights and we are planning to apply for working rights this week so my question what would I say to immigration if they ask me what I've been doin this time was I working how I was surviving is it ok If I tell them I was working should our application get affected by that that's all


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## Aliz (May 16, 2015)

Yes I've talk to attorney immigrations solutions and they said they hav handle far more worse cases then this and they are willing to take my case and telling they have handle same situations and hav 99%visa successful rate I've never had intentions to apply for visa with the help of ma gf she offered me I've a think a lot cuz I knew people will judge but they don't kne story I've pre much work like a slave and slept on chairs for 3 years and runaway when I got the chance my strong will to be successful kept me alive from 2008 to 2011 I've Been working as slave with hardly I got paid working as chef waiter kitchen hand every day 14 hours I have never in my mind thought that my own people will back stab me but it is what it is we are know hire immigration solutions lawyers and hoping for positive outcome


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## wrussell (Dec 31, 2014)

> they said they hav handle far more worse cases then this


 This sounds MOST unlikely.


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## Valentine1981 (Sep 13, 2012)

I don't mean to be rude but if you have such confidence in the professionals who are handling your case,then why are you on this forum asking these questions?? I also think that them saying they have a 99% success rate for situations like this is questionable!! With the change in legislation about schedule 3 last year this whole issue has become much more complex....


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## MarkNortham (Dec 19, 2012)

Hi Aliz -

I'd ask them what their "success rate" is with Schedule 3 cases for long term unlawful persons, especially given the policy change last year where it became much more difficult for unlawful persons to get through the Schedule 3 criteria. I don't mean to be discouraging at all to you, however your agent needs to be giving you a realistic assessment of your chances, and I have a very hard time believing that "99%" is anywhere close to what is realistic for any long-term unlawful case under the new Schedule 3 criteria.

Best,

Mark Northam



Aliz said:


> Yes I've talk to attorney immigrations solutions and they said they hav handle far more worse cases then this and they are willing to take my case and telling they have handle same situations and hav 99%visa successful rate I've never had intentions to apply for visa with the help of ma gf she offered me I've a think a lot cuz I knew people will judge but they don't kne story I've pre much work like a slave and slept on chairs for 3 years and runaway when I got the chance my strong will to be successful kept me alive from 2008 to 2011 I've Been working as slave with hardly I got paid working as chef waiter kitchen hand every day 14 hours I have never in my mind thought that my own people will back stab me but it is what it is we are know hire immigration solutions lawyers and hoping for positive outcome


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## Aliz (May 16, 2015)

Hi mark 
We are still in process of making a decision about attorney what's best we can do know we hav to show the compelling reasons why I have overstayed my visa and just applied for working rights would it be possible if I pay all my taxes from last three years and it will be hard fo me and my partner to apply off shore she had a open heart surgery what's the best we can do thanks mark


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## Aliz (May 16, 2015)

Valentine1981 said:


> I don't mean to be rude but if you have such confidence in the professionals who are handling your case,then why are you on this forum asking these questions?? I also think that them saying they have a 99% success rate for situations like this is questionable!! With the change in legislation about schedule 3 last year this whole issue has become much more complex....


That's alright I said they have 99% success rate that's what they said but we haven't appointed a attorney yet as we still looking around and going through this forum different people different opinion helps weather it's negative or positive it's all counts


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## rani (Aug 8, 2013)

99% success in schedule 3 would be highly suspect... Just my opinion


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## Aliz (May 16, 2015)

What's the best we can Ðo know as we don't have much options


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## MarkNortham (Dec 19, 2012)

Hi Aliz -

I understand your frustration. First, I would suggest getting professional help as Schedule 3 submissions are challenging. In terms of who to get help from, that comes down to developing a level of confidence in the knowledge and experience of your advisor. The key to this is identifying possible compelling reasons that would be seen as compelling by DIBP and/or the MRT - with your type of case it's very likely that it will be refused by DIBP, so the MRT is where you'll really end up testing your case. Medical issues are certainly a good place to start, but having done many of these at DIBP and the MRT, it comes down to evidence of conditions that existed at the time of application - that's absolutely got to be the focus of the legal arguments you make.

Happy to assist further if you'd like - my contact info is in my email signature below.

Best,

Mark Northam



Aliz said:


> What's the best we can Ðo know as we don't have much options


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## Valentine1981 (Sep 13, 2012)

I would certainly be following Mark's suggestion and asking them for their success rate with Schedule 3 cases!! As many people have already said..their claim of 99% success and handling cases more serious than yours sounds extremely unlikely!!


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## wrussell (Dec 31, 2014)

> it comes down to evidence of conditions that existed at the time of application


That is 100% correct.

May I add that if the case goes to review and is refused post application factors may come be considered after a request for ministerial intervention.


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## wrussell (Dec 31, 2014)

> it comes down to evidence of conditions that existed at the time of application


That is 100% correct.

May I add that if the case goes to review and is refused post application factors may come be considered after a request for ministerial intervention.


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## ericericpeter (Jun 3, 2014)

Aliz said:


> What's the best we can Ðo know as we don't have much options


my partner is in same situation, he overstay 17 years. but we applied 820 onshore and got bridge E, and then refused by schedual 3 criterial. 820 Application was done by ourselves. then we ask lawyer and go to MRT, and then help my partner to waive the work condition. Now we are waiting for MRT and my partner holding Bridge E with working right.

if you wanna apply onshore, it is better to waive the schedual 3 before lodge application. The compelling reasons is very difficult, it is better your wife is pregnent or other reasons, ask profession.


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## rani (Aug 8, 2013)

ericericpeter said:


> The compelling reasons is very difficult, it is better your wife is pregnent or other reasons, ask profession.


Your wife being pregnant will not unfortunately guarantee anything when it comes to schedule 3 and I would not advise anyone to get pregnant thinking this will waive schedule 3... The unhappy wife may well find herself alone without the husband and the husband end up far away in his home country missing the birth of his child


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## Becky26 (Jun 18, 2013)

ericericpeter said:


> my partner is in same situation, he overstay 17 years. but we applied 820 onshore and got bridge E, and then refused by schedual 3 criterial. 820 Application was done by ourselves. then we ask lawyer and go to MRT, and then help my partner to waive the work condition. Now we are waiting for MRT and my partner holding Bridge E with working right.
> 
> if you wanna apply onshore, it is better to waive the schedual 3 before lodge application. The compelling reasons is very difficult, it is better your wife is pregnent or other reasons, ask profession.


Only if people knew that immigration doesn't care about the decisions of individuals. They didn't ask you to get pregnant. 
You decide to have a baby and hope that will be enough for you to get special consideration is what annoys me the most.

There are hundreds and thousands of us who had to wait for ridiculous number of months to be able to live with our partners again. Those who are not pregnant should face delays in getting their visa because of those who are pregnant hope for special treatment.

I'm not trying to hate on those who are pregnant. But this is for those who think being pregnant will make the visa process quick for them.
Seriously!!



rani said:


> Your wife being pregnant will not unfortunately guarantee anything when it comes to schedule 3 and I would not advise anyone to get pregnant thinking this will waive schedule 3... The unhappy wife may well find herself alone without the husband and the husband end up far away in his home country missing the birth of his child


Absolutely right!!


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## MARIMAR (Jul 17, 2015)

*please help*

Hello Mark, my name is Mariana Perez, Im from chile and i saw your advices in internet about visa problems. Im married with a Australian citizen since past may. We lodge our spouse visa and received acknowledgement of a granted bridging visa A a week after. We knew that it will only come in effect once the tourist visa that i was holding at the moment expired (which was the 21 of may). Until today we thought that the bridging visa A was in effect, but a possible employer tried to check by visa status in VEVO and found that it saids that a error has occurred. I tried to do it as well and couldn't get information, so I called immigration and the lady told me that because before I entered Australia with the tourist visa I had a crew maritime visa (I used to work in cruise ships, until the 25 of January of the present year) once the tourist visa expired, the crew visa got in effect.. so because of that I'm assuming that Im illegal at the moment. Is that possible even though it clearly says in the information about Bridging visa A that it will come into effect once THE CURRENT SUBSTANTIVE VISA ( TOURIST VISA THAT I WAS UNDER WHEN I LODGE THE SPoUSE VISA) COMES TO AN END?? .. So the alternative that the lady gave me is to leave the country, send a request to cancel the crew visa then apply for a tourist visa, come to Australia and then apply for a bridging visa A. The thing about doing that is the tourist visa given to Chilean citizens last for 1 year in total, but you have to leave the country every 3 months. What i don't understand is how the bridging visa A will come into effect if i don't leave the country after 3 months, because accordingly to the law it clearly says that if the substantial visa is cancelled the bridging visa A would be cancelled as well. Furthermore, if I'm on a crew visa, even though I stopped working in the cruise ship the 25 of January of the present year, that means that I'm illegal at the moment?? cause this kind of visa only allows the person to stay 5 days!!!! I DONT GET HOW IMMIGRATION ACTIVATED THAT VISA INSTEAD OF THE BRIDGING VISA A KNOWING THAT I ENTERED THE COUNTRY UNDER A TOURIST VISA AND THAT IM NOT WORKING ON A CRUISE SHIP ANYMORE!!!.. well i would like to know what to do and if you think that immigration has to resolve this problem... thanks!!! please help

Please if you can advice me !!! I'm desperate as I don't know what would happen once i go to immigration office on Monday. And also what would happen with my spouse visa application that is already being processed .


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## MarkNortham (Dec 19, 2012)

Hi Mariana -

Thanks for the email and post - it's very unusual that the cruise visa reactivate after a visitor visa had been granted and ceased, however given Australia's very complex visa system, it's not surprising.

Sounds like you need to get rid of the cruise visa - important that it be cancelled while you are offshore, not onshore. Once it's cancelled, it will also cancel (automatically) any bridging visas you held at the time. When you re-enter on a new visitor visa after the cruise visa is cancelled, once onshore you should re-apply for the BV-A from the partner visa to be granted. Then, when you overstay the 3-month stay period, the BV-A will automatically activate. The visitor visa at that point is not cancelled, it simply ceases and you are on the BV-A. If you later want to leave the country, apply for a BV-B prior to leaving, then depart and re-enter on that. Even if the visitor visa remains in effect, it will not be active as long as you hold a BV-A or BV-B.

Hope this helps -

Best,

Mark Northam



MARIMAR said:


> Hello Mark, my name is Mariana Perez, Im from chile and i saw your advices in internet about visa problems. Im married with a Australian citizen since past may. We lodge our spouse visa and received acknowledgement of a granted bridging visa A a week after. We knew that it will only come in effect once the tourist visa that i was holding at the moment expired (which was the 21 of may). Until today we thought that the bridging visa A was in effect, but a possible employer tried to check by visa status in VEVO and found that it saids that a error has occurred. I tried to do it as well and couldn't get information, so I called immigration and the lady told me that because before I entered Australia with the tourist visa I had a crew maritime visa (I used to work in cruise ships, until the 25 of January of the present year) once the tourist visa expired, the crew visa got in effect.. so because of that I'm assuming that Im illegal at the moment. Is that possible even though it clearly says in the information about Bridging visa A that it will come into effect once THE CURRENT SUBSTANTIVE VISA ( TOURIST VISA THAT I WAS UNDER WHEN I LODGE THE SPoUSE VISA) COMES TO AN END?? .. So the alternative that the lady gave me is to leave the country, send a request to cancel the crew visa then apply for a tourist visa, come to Australia and then apply for a bridging visa A. The thing about doing that is the tourist visa given to Chilean citizens last for 1 year in total, but you have to leave the country every 3 months. What i don't understand is how the bridging visa A will come into effect if i don't leave the country after 3 months, because accordingly to the law it clearly says that if the substantial visa is cancelled the bridging visa A would be cancelled as well. Furthermore, if I'm on a crew visa, even though I stopped working in the cruise ship the 25 of January of the present year, that means that I'm illegal at the moment?? cause this kind of visa only allows the person to stay 5 days!!!! I DONT GET HOW IMMIGRATION ACTIVATED THAT VISA INSTEAD OF THE BRIDGING VISA A KNOWING THAT I ENTERED THE COUNTRY UNDER A TOURIST VISA AND THAT IM NOT WORKING ON A CRUISE SHIP ANYMORE!!!.. well i would like to know what to do and if you think that immigration has to resolve this problem... thanks!!! please help
> 
> Please if you can advice me !!! I'm desperate as I don't know what would happen once i go to immigration office on Monday. And also what would happen with my spouse visa application that is already being processed .


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## MARIMAR (Jul 17, 2015)

Thanks Mark!! but that means that Im illegal at the moment?? Im very scared of that as it could jeopardize my spouse visa already lodge.. Do you think if i go to immigration office on Monday they could do something about it?? It kind of sounds that they actually made a mistake ... thanks so much for your prompt replay and advice!!! you are an exceptional person that helps other without even knowing them  .. thanks!! god bless you


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## MarkNortham (Dec 19, 2012)

Hi Marimar -

Glad to help. Sounds like your cruise visa somehow reactivated - note that any substantive (non-bridging) visa always has priority over a bridging visa. I'd tell them that you thought that once your visitor visa was granted, it would replace your cruise visa, and that you had no idea that the cruise visa would come "back to life". Assuming you are now on your cruise visa, but not working on a cruise, at worst you're in breach of the visa conditions, but certainly not intentionally or by any fault of your own - you had every right to believe that the visitor visa ceased (ended) your cruise visa. I expect they will understand this and help you sort it out. If not, please get in touch with me and we can see what can be done.

Hope this helps -

Best,

Mark Northam



MARIMAR said:


> Thanks Mark!! but that means that Im illegal at the moment?? Im very scared of that as it could jeopardize my spouse visa already lodge.. Do you think if i go to immigration office on Monday they could do something about it?? It kind of sounds that they actually made a mistake ... thanks so much for your prompt replay and advice!!! you are an exceptional person that helps other without even knowing them  .. thanks!! god bless you


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## MARIMAR (Jul 17, 2015)

Thanks very much!! i will keep tell you how it goes on Monday  Thanks again!! enjoy your weekend!!


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## sam77 (Sep 7, 2015)

Hi 
my name is sam and i am currently in Australia, however i have been refused an application for spouse visa and i am scheduled for an interview early next month with the MRT 
the reason that i was refused was based on the fact that i dont meet schedule 3 criteria and i need compelling reasons to waive schedule 3
i would like to note that i had a student visa however it was cancelled and i was not aware of such.
my spouse and i went to the department of immigration to apply for spouse visa, and it was then, i was told of the cancellation.
and due to the above i then was granted a bridging visa D that was valid for 7 calender days.
in that time i applied for onshore spouse visa and was refused due to the schedule 3.
the department has indicated that i need "compelling reasons" to waive schedule 3.
my question is the following:
what in your experienced opinion are " compelling reasons"? and what do you advise me to do in order to waive schedule 3?
note: my wife has an anxiety, depression and disorder 
she had a miscarriage of our baby couple of weeks ago
we are under threat from her ex husband and it will be dangerous if i have to go back to my country 


i thank you very much for attending to this question and i will be grateful to you if you can answer this question for me, nevertheless shed some light on this matter that has caused some confusion for me.

sam


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## wrussell (Dec 31, 2014)

sam77 said:


> Hi
> my name is sam and i am currently in Australia, however i have been refused an application for spouse visa and i am scheduled for an interview early next month with the MRT
> the reason that i was refused was based on the fact that i dont meet schedule 3 criteria and i need compelling reasons to waive schedule 3
> i would like to note that i had a student visa however it was cancelled and i was not aware of such.
> ...


To succeed in a waiver the 'compelling reasons' relied upon must have existed at the time of the visa application. 
I suggest you put the full facts of your case to a registered migration agent to develop the best possible strategy.


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## jamielannister (Oct 21, 2015)

getting a waiver of schedule 3 could be tricky and hard. It depends if you had all those circumstances at the time of application and you can prove it. I had my visa cancelled then applied for partner visa then asked for compelling reasons and I wrote few but they did not deem them to be compelling and got a refusal. Finally applied for MRT to give a last shot before going offshore. Odds were stacked against us but we won MRT and waiver was granted. I provided same reason before MRT as to DIBP. But member had a different opinion than CO. My application got remitted to DIBP for reconsideration. It was a huge win for us. I recommend you to get help of a lawyer. Outcome relies on evidence you provide and how member looks at it.
Good luck


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## Aliz (May 16, 2015)

Applied partner defacto visa 31 dec 2014 rejected on 28 October on basis of less evidence so know we are applying for AAT it's very stressful situation but we will fight our case n go ahead with AAT how's your application been going on


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## wrussell (Dec 31, 2014)

jamielannister said:


> getting a waiver of schedule 3 could be tricky and hard. It depends if you had all those circumstances at the time of application and you can prove it. I had my visa cancelled then applied for partner visa then asked for compelling reasons and I wrote few but they did not deem them to be compelling and got a refusal. Finally applied for MRT to give a last shot before going offshore. Odds were stacked against us but we won MRT and waiver was granted. I provided same reason before MRT as to DIBP. But member had a different opinion than CO. My application got remitted to DIBP for reconsideration. It was a huge win for us. I recommend you to get help of a lawyer. Outcome relies on evidence you provide and how member looks at it.
> Good luck


 Well done!!


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## Island Girl (Mar 31, 2014)

Aliz said:


> Applied partner defacto visa 31 dec 2014 rejected on 28 October on basis of less evidence so know we are applying for AAT it's very stressful situation but we will fight our case n go ahead with AAT how's your application been going on


Collate heaps of evidence (Social, Financial aspects, Nature of Commitment and Nature of Household) to proof your relationship is genuine and long lasting at the AAT. All the evidence should have existed at the time of your initial application. To illustrate, including each other as beneficiaries in the superannuation, annotated photos, joint bank account, joint names on credit card, joint names on utility bills and lease agreement, and quoting as each other as Executives on your Last Wills.


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## firemansam (May 10, 2015)

Island Girl said:


> Collate heaps of evidence (Social, Financial aspects, Nature of Commitment and Nature of Household) to proof your relationship is genuine and long lasting at the AAT. All the evidence should have existed at the time of your initial application. To illustrate, including each other as beneficiaries in the superannuation, annotated photos, joint bank account, joint names on credit card, joint names on utility bills and lease agreement, and quoting as each other as Executives on your Last Wills.


he overstayed his visa for 7 years whilst working the whole time, that is why he is now going to AAT because of applying onshore and not being able to satisfy schedule 3 criteria.


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## aussiesteve (Mar 16, 2012)

firemansam said:


> he overstayed his visa for 7 years whilst working the whole time, that is why he is now going to AAT because of applying onshore and not being able to satisfy schedule 3 criteria.


How do yo accidentally overstay 7 years?


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## CCMS (Oct 10, 2013)

aussiesteve said:


> How do yo accidentally overstay 7 years?


Time flies when you're having fun...

Sent from my iPhone using Australia


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## aussiesteve (Mar 16, 2012)

CCMS said:


> Time flies when you're having fun...
> 
> Sent from my iPhone using Australia


True hahaha


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## Aliz (May 16, 2015)

It was 4 years sorry 
I wish I was having fun lol
But different people different circumstances 
Yes we applying for AAT is there any best lawyers who deals with these type of cases we got ripped by our lawyers paid $16000 no help


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## Aliz (May 16, 2015)

Island Girl said:


> Collate heaps of evidence (Social, Financial aspects, Nature of Commitment and Nature of Household) to proof your relationship is genuine and long lasting at the AAT. All the evidence should have existed at the time of your initial application. To illustrate, including each other as beneficiaries in the superannuation, annotated photos, joint bank account, joint names on credit card, joint names on utility bills and lease agreement, and quoting as each other as Executives on your Last Wills.


Thx island Girl
When is the initial application you mean when we applying for AAT for after we applied for it as we don't have much and my partner own her house we are just stress and trying to figure out the best options and give as much evidence as we could


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## prizefighter (Mar 19, 2014)

All jokes aside, schedule 3 is a major hurdle and unless there is a huge amount of evidence to show circumstances outside the applicants control that meant stabilising immigration status was almost impossible I'm not sure how you can proceed. Knowingly living illegally in Australia is a very serious offence, one which rightly comes at a major cost. Whether your partner owns their house is arguably inconsequential, it does not limit someone's accountability regarding immigration status and all that entails. Look to one of the very knowledgeable and helpful agents on here for either recommendations for suitable agents or hire them fully to handle your case. It is a very serious situation, treat it with the gravitas it deserves as deportation and an immigration ban for several years could be a very possible result.


Aliz said:


> It was 4 years sorry
> I wish I was having fun lol
> But different people different circumstances
> Yes we applying for AAT is there any best lawyers who deals with these type of cases we got ripped by our lawyers paid $16000 no help


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## Mish (Jan 13, 2013)

Your partner owning her own home shouldn't matter in regards to evidence there are other forms of evidence that can be used.

We have quite a few people on this forum where the Australian owns their own home and have gathered evidence from other sources. They are still able to get joint bills, joint insurance, joint bank accounts etc.

As has been said schedule 3 is not easy to beat you need a really good agent for that. Overstaying 4 years is not something you accidentally do a person would know when their visa expires.

You have to prepare yourself that you may have to go offshore and apply for a 309.


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## Aliz (May 16, 2015)

Any good reputed immigration lawyers that you guys know need to hire one asap the previous lawyer immigrations solutions was just a rip off and no help at all we got charged for sending mails calls $2000 on top of fees thx for ur help and suggestions I appreciate it and does anyone heard of George Lombard immigration lawyer or brett & saters ?


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## CCMS (Oct 10, 2013)

George Lombard is one of the most eminent immigration lawyers in Australia.

Sent from my iPhone using Australia


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## firemansam (May 10, 2015)

You are probably best to save your money, move offshore and re-apply for the 309.
I don't think you will have a positive outcome at AAT, there goes the money you want to spend now, you will have to leave Australia, apply for the 309 (with probable help from a migration agent due to previous visa history) and you will face a 3 year ban on a tourist visa to come back and visit. There is upwards of 15k to be spent again.

It would probably be cheaper for you both to move to asia and start the process over.


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## Aliz (May 16, 2015)

There's a lot more at stake then just money 
You never know I'll still go with AAT our case is genuine I've seen sum post about people over stayed by 7 to 20 years and still granted visa I may be grant or may be refuse but I'll try and see thx for your opinion .


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## prizefighter (Mar 19, 2014)

Aliz said:


> There's a lot more at stake then just money
> You never know I'll still go with AAT our case is genuine I've seen sum post about people over stayed by 7 to 20 years and still granted visa I may be grant or may be refuse but I'll try and see thx for your opinion .


Having been in your very situation, albeit for 18months not 4 years I know too well what is at risk in these situations. I had a very serious accident as well as a previous employer testify they had mismanaged my 457 paperwork. 12 months of my overstayed was hospital and bed bound. This allowed me to address the schedule 3 requirements. In your case, just an accidental oversight that resulted in illegally residing in Australia for 48months seems like a big task to explain. I can see no matter what you will attempt the AAT but as has been stated already, an offshore application with proper assistance would put you in a better stead for visa grant. Either way, good luck to you.


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## Mish (Jan 13, 2013)

For schedule 3 it doesn't matter if you are genuine or not it comes down to compelling reasons to why you applied not holding a substantive visa.


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## chicken999 (May 2, 2013)

I think the poster simply doesn't want to leave Australia. Hence the first overstay and now delaying leaving by waiting for a court hearing which is sure to be refused. It's people who overstay their visas on purpose not by accident at all, that makes it so hard on the rest of us who can't get tourist visas at all because of overstayers like the poster

Sent from my iPad using Australia


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## Lunabelle (Oct 5, 2015)




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## wrussell (Dec 31, 2014)

When my granddaughter was five she took her big sister's purple nail polish and wrote A B C D ... on a white carpet. She claimed it was an accident - she did not get into trouble for accidental messes.

It is possible for a person to overstay in the belief that s/he held a visa, but apart from that circumstance an accidental overstay of several years seems as likely as
A B C D ...


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## pulipati (Jan 30, 2016)

MarkNortham said:


> Hi Aminsagar123 -
> 
> Usually takes a number of weeks to evaluate the Schedule 3 waiver application - if you pass, you often will not hear anything until a visa decision is made - could be months away. If you fail Schedule 3, you'll usually hear about that earlier - 1-3 months from now.
> 
> ...


hi am in same situation, i submitted all required documents to the caseofficer it is more than a month. i haven't received any reply from case officer. is to ok to email the caseofficer and find out what happening with my file.


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## Aggy (Feb 4, 2016)

*HELP Schedule 3 criteria*

HI
i am Latvian citizen
applied for partners vias.
we have been together for two years, i ve made a mistake with my visa dates, overstayed for 5 days
we actually got married in the church on a day when visa ends (didnt know that at the beginning lol). i found out that ive overstayed when went to apply.
that was just my stupied mistake for not cheking it properly.
i went to the office and applied personally pluss filled some additional documents
now i have to meet the schedule 3 criteria.
i dont know what to do, we dont have a lawyer, doing everything ourself.
what should i write?
i dont work, mys husband has a casual job, his parents are helping us a little, but they are on pension. 
for me to leave a country would be awfull, we already in dets because of visa costs.
i was pregnant last year, we are trying to make a family but we had a miscarriage. 
i have health problems, i have cysts that have to be removed, so travelling would give a pressure on it.
can someone give me advice how to deal with it and how to write a letter?
thank you


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## cycy (Aug 24, 2016)

*Overstayed visa unintentionally*

Good day 
I was wondering if anyone has an update 
Thanks


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## wrussell (Dec 31, 2014)

> Because I am interested in improving my spoken English , I had called immigrations while j was still in London and asked if I can do that and I was told yes.


Relying on advice from the immigration department advice lines is often fatal.


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## Aliz (May 16, 2015)

wrussell said:


> Well done!!


We won aat so relived My application got remitted back to immigration what's the next steps as I've over stay my visa for four years but me and my have a baby and member accepted out compelling reasons what happens know after our case got remitted any help is appreciated thank you


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## jast (Feb 25, 2017)

Hi All,

I was on Bridging A and applied for Onshore partner visa. I submitted my compelling reasons on 6th of June and still waiting for Schedule criteria 3.

Has anyone know how long takes the process? I get ready myself for refusal too. Just not sure to I should contact with my case officer?

has anyone been waiting for waiver too?

thanks


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## Traumatized by IMMI (Aug 12, 2017)

Hi Mark

I had a similar situation. I left Australia and applied for my PMV. Although I had my ban lifted, I'm wondering if this applies for a visitors visa?! Would I be able to apply for a visitors visa? So I could see my fiancé? 

Thank you.


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## Aliz (May 16, 2015)

I got permanent residency granted on 11 August I would like to thank to the people who help me share there experiences and also to the negative people who told me I would be better going home and apply and I would never get pr it made me more determine because what we had was real and continuing so anyone out there who over stayed there visa and in genuine continuing relationship don't give up you will get there it won't be easy but it's possible thank you all much love so happy to visit my family back home and come back here in this beautiful country ??


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## Amiinthearea (Aug 2, 2018)

I’m so glad I found this forum!


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## Amiinthearea (Aug 2, 2018)

Mine was student visa refused due to third party’s mistaken( some agency who submitted my student visa for me and lost my IELTS test then got refused), I went for MRT but missed date and there was no second chance after that date ( I was suffering depressing from my first marriage- my ex husband disappeared from me since that month). I couldn’t focused on my life properly and had a major break down, my bridge visa was expired! Now I’ve just got married with my new husband and 7months pregnant, am I able to apply onshore partner visa? 
Any professional advice would be appreciated!!! Thanks


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## Emily j (Jan 17, 2018)

MarkNortham said:


> Congratulations, Jae!! Great outcome.
> 
> Best,
> 
> Mark Northam


Hi Mark, I am also concerned regarding scehdule 3. I previously had a 461 visa from 2013 and applied again after the 5 years. I was told 3 days ago (when my visa expired) to withdraw my application as my partner is now classed as an Protected SCV holder ENC and does not hold a 444. I have been on a bridging visa for 3 days now. We have been together 6 1/2 years and have a baby daughter 19 month.


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## ampk (Sep 21, 2013)

Hi Emily j.

Mark use to have a sticky thread "Ask Mark" I see currently on page 34, that this thread is now locked - I expect by Mark.

He commented several months ago that his work load was very high and he certainly works hard. He also volunteers time to feed the needy.

He certain put in a massive effort on this forum for many years. His sticky had 1,840,029 views and 14,739 reply's.

He will have made comments on cases similar to yours, so might have a read.

I am sorry your day turned bad Schedule 3 has caught a few out and it is now an individual case that needs certain provisions to be meet. Your child should help but me giving any advice on how it might help would be very foolish and could mess up your lives for some time.

You relay need to talk with a good RMA as soon as possible.


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## Emily j (Jan 17, 2018)

ampk said:


> Hi Emily j.
> 
> Mark use to have a sticky thread "Ask Mark" I see currently on page 34, that this thread is now locked - I expect by Mark.
> 
> ...


Many thanks for your info. Yes I can see Mark was very popular and successful. As I have less than 28 days to apply i was going to go ahead with the application and when the information is requested for schedule 3 I would get an agent to help then. Do you think this is good idea?


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