Partner visa applicant with expired visa

Can you file a partner visa application on-shore when your visa expired or your on-shore visa application was refused? The answer yes, provided there is a compelling and compassionate circumstances beyond your control to waive the Schedule 3 criteria.

Evidence of compelling and compassionate circumstances such as medical report on the condition of the Australian citizen or permanent resident sponsor or illness or death of close family member must be attached to the application. There is a further requirement that at least 2 witnesses will complete a statement of support in a Statutory Declaration with a copy of their Australian citizenship or permanent residence aside from form 888 form from 2 more witness.

The above requirements are in addition to the evidence of the circumstances of the relationship, namely:

(a) financial aspects of relationship

(b) nature of the household

(c) social aspects of the relationship and

(d) commitment to each other.

It is important that the solicitor or registered migration agent you engage knows the evidence required for each heading. Marriage alone while it is a hallmark of a genuine relationship is not enough to get approval as regulation 1.15A of the Migration Regulation 1994 requires that the case officer must consider all the circumstances in the regulation.

Reliance of unregistered agent is not suggested as your application if incomplete, can be decided by the Immigration without being required to submit additional evidence.

Our firm has years of experience in navigating the complex process of filing partner visa application. Please call on (02) 96356500.