Today, our client’s Subclass 801 Partner visa was successfully granted, and we achieved a Schedule 3 waiver! The client was overjoyed with the outcome.
Back in April 2019, the client initially engaged a lawyer to handle their partner visa application. However, we later discovered that this lawyer primarily specialised in civil and family law, not migration law. In June 2019, the lawyer assisted the client in lodging the partner visa application.
Unfortunately, before lodgement, the lawyer was unaware of the Schedule 3 waiver requirements. Throughout the process, the Department of Home Affairs repeatedly requested supporting evidence for the Schedule 3 waiver. The lawyer ignored these requests and dismissed the client’s concerns.
By September 2023, the client came to us seeking migration law assistance. We conducted a full review, reorganised all evidence, and prepared a strong legal submission for the Schedule 3 waiver.
Finally – success! ✅
It’s important to note that under section 56 of the Migration Act, the Department can request additional documents, generally giving applicants 28 days to respond. Failure to provide the requested documents in time can lead to an immediate refusal. In this case, the client’s previous lawyer’s inaction could easily have resulted in refusal.
This outcome is a clear reminder – for visa or citizenship applications, migration law is a specialised field. For the best chance of success, entrust your case to professionals who understand the law and the process. 🤜🤛
