# Schedule 3 waiver - Partner Visa 820



## Jane88 (Apr 29, 2013)

Hi all, hope you all well

As some of you might remembered my previous threads in regards to my journey with 820 visa application (complicated and all). I found myself now facing schedule 3 criteria  Just quick updates on my journey;

*12th July 2013* : lodge my 820 partner visa. 
*12th July 2013* : BVC granted ( was a holding BVA at the time)
*8th September 2013* : flew back to Indonesia for my sister wedding on BVC
(Came back to Australia with visitor visa then got BVC reinstated)
*8th April 2014* : received an automated email for DIPB,requesting for health check, AFP and NPC
*2nd October 2014* : Got my health examination done, send a new AFP & new NPC
*13th October 2014* : received an email from DIPB to comment and foward any claims on my application for schedule 3 criteria.

This what pretty much it says: 
_"When you lodged your Partner visa application you were not the holder of a substantive visa because your Tourist visa (subclass 676) ceased on 30/04/2012"

Criterion 3001 requires that an application was made within 28 days after your substantive visa ceased. You do not meet criterion 3001, however the Migration Regulations allows the Schedule 3 criteria to be waived where there are compelling reasons for not applying those criteria.

The Migration Regulations 1994 do not prescribe the circumstances that need to be considered when assessing whether or not compelling reasons exist to not apply Schedule 3 criteria. Circumstances are considered on a case by case basis._

_You (and your sponsor) are invited to put forward any claims you would like the department to consider._

Now i know that the last time i hold a substantive visa was on 30/04/2012, the reason being is my student visa was ceased a week before my graduation, so i have to get a visitor visa for me to be able to attend my graduation ceremony. Then after i graduate, i applied for 485 then refused due to ielts false timing submission. Applied for MRT (decision was not in my favour). So i was not a holder of substantive visa for a long time. Then when i found i was eligible to apply for 820 visa, i proceed away without knowing the schedule 3 criteria would apply to me later on. 

So now DIPB ask me to provide in details any circumstances that led me to become a person who is not the holder of a substantive visa and provide information relating to any compelling reasons that apply to my case and provide relevant documents supporting my claims.

Now i know its probably best to seek professional advice, but i'm just wondering if anyone is facing the same situation like me, and maybe any of you guys can suggest a good migration agent and how much do u think they would charge you for this kind of service?. Thanks guys.

Any thoughts and suggestion will be much appreciated guys. Help..


----------



## Sandz (Feb 4, 2014)

Hi janae...me and my partner have gone through this schedule 3 criteria.. We took the matter to MRT and hired a gud migration agent and we won the MRT .. I wud suggest u to talk to mark Northam ..his is the one who can help you...


----------



## Island Girl (Mar 31, 2014)

Hi Sandz. First and foremost, congratulations on winning your case. Could you please give us some indications on what were addressed and answered at the hearing? Any tips would be much appreciated.Thanks in advance.


----------



## rose mary (Jan 16, 2014)

I have used immigration service related visa cancelation with Mark b4 . I would highly recommend .the fee is cheap compare with other lawyer.


----------



## Sailboatman (Dec 27, 2011)

We did and won the waiver, so it is possible I spoke with Mark Northam and wrote the response
Happy chappies we are this week
But knowing dibp not for long
A bigger more painful organisation I have never met,


----------



## Sandz (Feb 4, 2014)

Congrats sailboatman on ur success... We hired mark as well and he did a fabulous job...I would highly recommend him , for those who are going through this..


----------



## roxxy18 (Jan 13, 2015)

Hi Jane88, my partner and i are in a very similar situation and we just handed in papers for the schedule 3 criteria as well. I was just wondering if you had heard anything back yet?

Thanks and good luck


----------



## gilbert82 (Jan 22, 2015)

Sailboatman said:


> We did and won the waiver, so it is possible I spoke with Mark Northam and wrote the response
> Happy chappies we are this week
> But knowing dibp not for long
> A bigger more painful organisation I have never met,


I just received an email from the immigration stating team 2 as reference.. my situation is the same and i have to lodge a schedule 3 waiver.. I meet the other requirements as I have lodged my application within 28 days, but now it seems that everyone is saying that schedule 3 is a hard to win case..
Could you please tell us what you provided in brief so we can get an idea on how to deal with this please..
Thanks a lot


----------



## MariaC (Mar 2, 2015)

*Schedule 3 criteria*

Please help.

Need advise on how to write my comment on the email receivied from DIAC from Team 2? 
From what the other person stated previously they were asked to do the police check and medical and how come they didnt asked me for it.
I lodged my partner visa as paper application together with the forms 888. And just Friday received email stating to comment on the Schedule 3 Criteria because I was on a bridging visa E when I apply. 
All I know was the S48 and didnt realized about the Schedule 3 as i lodged this all by myself and my sponsor.
Please help on how can I get in touch with Mark for a consultation?
Thanks so much.


----------



## Mish (Jan 13, 2013)

Hi Maria

Welcome to the forum.

Here is Mark's website: http://mnvisa.com/

Schedule 3 applies when a person is on a bridging visa and has a visa cancelled or refused since they last entered Australia need to show compelling reasons to why they should be allowed to apply for a partner visa onshore.

I would strongly suggest engaging a migration agent, I think you need more than a consult.


----------



## MariaC (Mar 2, 2015)

Thanks so much for this.
Yes because i was on a student visa before and went to mrt then to the Minister and while it was ongoing i met my partner. I didnt lodge for another visa application at that time because i was hoping to get reconsider on my student visa since i only have one unit left but unfortunately i didnt got the result that i was expecting. 
Thanks again


----------



## ninaeka (Apr 18, 2015)

Hi Jane,
I am in the same situation.
how is your application status now?
could you please update for us?
it's so stressful waiting with uncertainty (((
thanks


----------



## raman180 (Jun 16, 2016)

Hi Mish

Thanks for sharing the website for Mark.

REgards

Raman


----------



## cycy (Aug 24, 2016)

raman180 said:


> Hi Mish
> 
> Thanks for sharing the website for Mark.
> 
> ...


hi, can you please update me on your progress?we are facing thesame problem.


----------



## raman180 (Jun 16, 2016)

cycy said:


> hi, can you please update me on your progress?we are facing thesame problem.


Hi

I gave up on considering the onshore partner visa application due to schedule 3 waiver. My wife has left australia and I have lodged an offshore visa application as it has far greater merits and chances of success than the onshore one.

My advice is please do not do anything dodgy

Thanks

Raman


----------



## mel2015 (Aug 22, 2016)

raman180 said:


> Hi
> 
> I gave up on considering the onshore partner visa application due to schedule 3 waiver. My wife has left australia and I have lodged an offshore visa application as it has far greater merits and chances of success than the onshore one.
> 
> ...


Hi Raman
can you please send me message in private box .Just would like to discuss some things. i cant work out to send private message. 
If you know please do so.

Thanks
Mel2015


----------

