Partner Visa Applicant with Expired Visa
Ms. Charmaine Kuman, BS, LLB, Dip Law, GDLP
7/7/20261 min read
Can an unlawful person in Australia with no substantive visa or whose visa has expired be allowed to apply for partner visa without going back to their country? The answer is yes.
Schedule 3 of the Migration Regulations 1994, however, imposes additional requirements for people with no substantive visa or if the application was not made within 12 months from becoming illegal.
The Minister or the case officer has the discretion to waive the Schedule 3 criteria if satisfied that you became illegal because of factors beyond your control and there are compelling and compassionate for granting the visa onshore.
The term compelling is not defined by the legislation. It all depends on the circumstances of each case.
At Jessie Icao Solicitors, we have the experience in preparing a thorough submission to waive the strict criteria. We look and highlight the length of relationship of the parties; the hardship, it be medical or psychological that the sponsor may suffer if the partner is sent back to the applicant’s country of origin or child of the relationship.
This information is of general nature and for specific advice, please contact:
