So, you originally came to Australia, to work, to study or to travel. Met your partner and fallen in love and decided that you now cannot live without each other and want to be together. You have been thinking about applying for the partner visa but were doing your research and preparing everything ready to lodge. Then you realise the date and your existing visa has expired.
There are so many unanswered questions and you are now having sleepless nights.
Can we still apply for the partner visa if I no longer hold a valid visa?
Your visa has expired, and you now are about to lodge your partner visa. Will my visa be refused? What can we do?
By law you are now subject to the Schedule 3 legislation which you will need to satisfy, or you will be subject to facing an automatic visa refusal.
How can I satisfy this requirement?
Schedule 3 permits you as an unlawful non-citizen to apply for the partner visa in Australia on compelling or compassionate grounds. The ground in the case of this visa would be the other party involved the partner. Due to the immigration laws being complex and difficult to navigate we would put in a submission to the department to demonstrate these grounds to build a strong case for you. Without a strong reason for lodging onshore you are most likely to be refused. You must explain as to the circumstances that you lead to the point of not having a valid visa.
There are no set reasons for compelling and compassionate reasons it is done on a case by case basis depending on the circumstances of the applicants.
Will my submission get schedule 3 waivered?
This depends on the way your submission addresses the issues that has led you to the situation you are in now.
This area of the Migration Law is very complex and regulated. We highly recommend to seek professional help before it gets complicated or even refused and you find yourself in a situation of having to appeal the case at the AAT.