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820/801 Partner Visa Granted via Schedule 3 Waiver After Years of Previous Agent Inaction

Visa Type820/801 Partner Visa
CategoryPartner Visa

Case Summary

A partner visa applicant who had been unlawfully staying in Australia had his application lodged by a previous agent via paper and then left unattended for three years, with a required Schedule 3 waiver never properly addressed. We reconstructed the entire case and secured the grant.

Background

Mr. M had been in a period of unlawful stay when his partner visa was first applied. His previous migration agent had lodged the application by paper rather than online and had failed to follow up on its progress for three years. The core legal challenge — a Schedule 3 waiver necessary to justify the onshore application — had never been properly prepared. By the time we took over, the application was incomplete, the agent was unresponsive, and crucial evidence was missing.

Challenges

  • Application had been lodged by paper and left unattended for three years, with an incomplete evidence trail and no waiver submissions
  • Schedule 3 waiver was the legal cornerstone of the case — compelling reasons for the Minister's exercise of discretion needed to be built from scratch
  • Documents previously submitted needed to be reviewed and supplemented with missing crucial relationship and financial proofs

How We Helped

We reviewed all previously submitted materials to identify what had been filed and pinpoint evidence gaps. We prepared robust legal arguments for the Schedule 3 waiver, detailing compelling reasons why onshore lodgement should be permitted. We quickly procured all missing documents — relationship evidence and financial proofs. We established direct and effective communication channels with the Department to ensure all supplementary materials reached the relevant case officer promptly.

Schedule a call to discover how our experience and expertise made it possible

Key Success Factors

  • Comprehensive Schedule 3 waiver submissions providing compelling legal argumentation for onshore application eligibility
  • Full evidence rebuild addressing the gaps left by three years of prior agent inaction
  • Proactive Department communication ensuring all materials were received and directed to the correct case officer
Schedule a call to discover how our experience and expertise made it possible

Outcome

The Subclass 820/801 partner visa was granted, recovering a case that had been stalled and improperly handled for years.

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