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Schedule 3 Overcome: Double Partner Visa
Overview
The client lodged an onshore Partner Visa (Subclass 820/801) application in December 2022. Because they did not hold a substantive visa at the time of lodgement, the application was subject to the stringent requirements of Schedule 3 of the Migration Regulations 1994. This legal threshold demands that an applicant demonstrate compelling and compassionate circumstances to justify waiving standard visa criteria.
Upon lodgement, the applicant was initially granted a Bridging Visa C (BVC) without the right to work, causing immediate financial and emotional strain. While work rights were successfully obtained in July 2023, the application faced severe procedural hurdles moving into 2024. Between July and November 2024, the Department of Home Affairs issued a Section 57 Natural Justice invitation alongside multiple Section 56 Requests for Further Information (RFIs). Facing intricate legal requests and prolonged uncertainty, the client engaged Australian Migration Lawyers to manage the escalating complexity of their case and steer it toward a resolution.
Migration law services
Our legal team, led by Dr Cindy Zhao and Gerard Gupit, took decisive action to address outstanding departmental compliance demands and cut through processing stagnation. Our targeted migration law services included:
- Conducting a comprehensive review and strategic formulation of responses to the Section 57 Natural Justice invitation and consecutive Section 56 RFIs.
- Curation and synthesis of a robust evidentiary bundle establishing clear compelling and compassionate grounds to satisfy the Schedule 3 waiver criteria.
- Preparing and lodging a formal Priority Processing Submission via ImmiAccount in September 2025 to highlight the critical and delayed nature of the application.
- Actively monitoring processing milestones and executing formal escalation communications with the Department of Home Affairs in October 2025 once the application exceeded standard processing timeframes.
Outcome
Following our strategic interventions and persistent communication with the Department, the Subclass 820 Partner Visa was successfully granted in November 2025. By addressing the complex Schedule 3 requirements with rigorous legal arguments and utilizing specialized escalation pathways, we successfully resolved a multi-year period of instability for the couple, allowing them to permanently build their future together in Australia.
Managing an onshore partner application with Schedule 3 complications requires a meticulous approach to evidence and an unyielding commitment to advocacy. By combining a robust response to the Department's inquiries with a targeted Priority Processing Submission, we managed to unlock a stalled application and deliver a life-changing outcome for our client.
Official Subclass 820 Partner visa grant notification from the Department of Home Affairs.
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