Have you heard about compelling reasons for granting the visa application? Visa applications require a variety of documents. However, it is not always easy to meet these requirements or to get the necessary documents. To some visa applicants, this may spell bad news.
However, Schedule 3 of the Migration Regulations 1994 allows people who are not in Australia on a valid visa to apply for a partner visa onshore. This is the case as long as they meet certain criteria. Schedule 3 encourages a visa applicant to:
- Apply for a substantive visa before their previous visa expires (A substantive visa is any visa other than a Bridging visa, a Criminal Justice visa or an Enforcement visa.); and
- Reduce the number of people on non-substantive visas or who are unlawfully in Australia.
This article will outline compelling reasons for granting the visa.
Key Takeaways
- Compelling circumstances or reasons are factors that may convince the Australian government to grant a partner visa to an applicant who does not otherwise meet the eligibility criteria.
- Some common examples of compelling reasons include serious medical conditions, family ties in Australia, and humanitarian concerns.
- Applicants must provide evidence to support their claims of compelling reasons.
- Compelling reasons for granting the visa are often complex and nuanced, so it is important to seek professional advice from a migration lawyer.
What is Schedule 3?
Schedule 3 of the Migration Regulations allows people who are not in Australia on a valid visa to apply for a partner visa onshore, as long as they meet certain criteria. This is to encourage people to apply for a substantive visa before their previous visa expires. Schedule 3 also helps reduce the number of people on non-substantive visas or who are unlawfully in Australia.
To be eligible for Schedule 3, you must either:
- Be the holder of a Diplomatic (subclass 995) visa or a special purpose visa, and meet the requirements of Schedule 3 criterion 3002; or
- Satisfy Schedule 3 criteria 3001, 3003, and 3004.
- Schedule 3 criteria 3001, 3002, 3003, and 3004
Criteria 3001, 3002, 3003, and 3004:
Let’s highlight these 4 criteria in this article about compelling reasons for granting the visa.
Criterion 3001: You must lodge your partner visa application within 28 days of your previous visa expiring, or within 28 days of entering Australia unlawfully.
3002: You must lodge your partner visa application within 12 months of your previous visa expiring, or within 12 months of entering Australia unlawfully.
3003: This criterion applies if you entered Australia unlawfully or did not hold a valid entry permit. To meet this criterion, you must:
- Have good reasons for why you are on a non-substantive visa or are unlawfully in Australia;
- The Minister must believe that there are compelling reasons for granting you a substantive visa;
- You would have been eligible for an entry permit if you had applied before becoming an unlawful entrant; and
- You agree to comply with all future conditions imposed on your substantive visa.
Criterion 3004: This criterion applies if you entered Australia unlawfully and have not subsequently been granted a substantive visa. To meet this criterion, you must:
- Have good reasons for why you do not hold a substantive visa;
- The Minister must believe that there are compelling reasons for granting you a substantive visa;
- You complied with the conditions imposed on your previous non-substantive visa or entry permit;
- Have been eligible for a partner visa (subclass 820) at the time you became an unlawful non-citizen or ceased to hold a non-substantive visa; and
- Agree to comply with all future conditions imposed on your substantive visa.
Examples of Compelling Reasons for Granting the Visa
Compelling reasons can be based on the applicant’s own circumstances or the circumstances of another person. Some examples include:
- The applicant and their partner have an Australian child.
- The Australian partner will suffer if the applicant is not granted the visa.
- The applicant has circumstances beyond the applicant’s control, such as a serious illness.
- The date on the applicant’s visa grant notification is different from the actual date the visa ceased.
- The applicant was unable to submit a visa application due to a serious accident or illness.
When assessing compelling reasons for granting the visa, the government will consider all of the relevant factors in your case. This may include:
- The nature and severity of the circumstances.
- The impact that the circumstances have on you and your family.
- Whether the circumstances are beyond your control.
- Whether there are any other options available to you.
Compelling Reasons for Granting the Visa: Additional Tips
If you are considering submitting a compelling reasons application, it is important to present your case in the best possible light. You should provide clear and concise evidence to support your claims, and you should explain why your circumstances are compelling and why you deserve to be granted a visa.
Here are some additional tips for submitting a compelling reasons application:
- Be honest and upfront about your circumstances.
- Be clear and concise in your writing.
- Provide evidence to support your claims.
- Explain why your circumstances are compelling and why you deserve to be granted a visa.
How Can We Help With Visa Grants?
We at JB Solicitors have migration lawyers who can help visa applicants with compelling reasons to make partner visa applications. Our team can provide legal services including:
- Assessing the applicant’s circumstances and determining whether they meet the criteria for compelling reasons.
- Gathering and preparing evidence to support the applicant’s claims. This may include medical records, police reports, affidavits from family and friends, and other documentation.
- Drafting a strong and persuasive application for partner visas and other visas. The application should clearly and concisely explain the applicant’s circumstances and why they meet the criteria for compelling reasons.
- Help visa applicants understand the legal requirements under the partner visa program and how to apply for an offshore or onshore partner visa
- Help applicants who want to apply for a further visa application
- Representing the applicant at any interviews or appeals against visa decisions made by the immigration and border protection
We continue to help people apply for visa applications in Australia. Our lawyers can help applicants understand the whole application process help them cope with the stress during the process.
Contact us today if you want help identifying compelling reasons for granting the visa.
