Today we are thrilled to share some exciting news β our Malaysian client has successfully been granted an Australian Permanent Partner visa (Subclass 801) after about 2.5 years of processing. What makes this case truly special is that he was able to waive Schedule 3 requirements! Many applicants mistakenly believe that having a child in Australia is the only way to obtain a waiver, but this case proves otherwise.
Client Background
Our client first arrived in Australia few years ago on a visitor visa. Over the years, he applied for different visas to remain in Australia, but then, all options had been exhausted, and he unfortunately fell into overstay status. Later on, he approached us to explore a Partner visa but faced a major hurdle: Schedule 3 restrictions. This regulation requires applicants without a substantive visa (or who only hold a bridging visa) to demonstrate compelling reasons for lodgement.
Our Approach
After carefully assessing his personal circumstances and relationship background, we believed there was a genuine chance to obtain the waiver. We prepared a tailored strategy, including:
- Strong evidence of the genuineness and commitment of the relationship
- A clear explanation of why he was unable to remain lawfully on a visa
- A detailed Schedule 3 waiver submission with comprehensive supporting documents
π¬ After 2.5 years of patient waiting, he has finally received the great news of his permanent residency!
β¨ Special Tip for Malaysian Applicants
If your Malaysian passport expires while in Australia, you can only obtain an Emergency Certificate from the Malaysian consulate. A new passport can only be issued once you return to Malaysia.
