Schedule 3 Criteria, NSW

Schedule 3 Criteria: Expert Solicitor Guidance for Partner Visa Applications

Applying for a partner visa from within Australia after your visa has expired? The Schedule 3 Criteria set by the Department of Home Affairs require you to show compelling reasons for staying in Australia to apply, instead of doing it from overseas.

This process can get tricky, but a skilled migration lawyer can make all the difference. They will help you meet the criteria by presenting your case with clear and convincing evidence.

At Lewis & Bollard, we’re pros at handling tough partner visa cases. Our services include:

With our expertise, you’ll get the personalised help you need to make the process smooth and straightforward.

Need clarity on Schedule 3 Criteria for your visa application? Contact Lewis & Bollard now on +612 9283 0888, or reach out through our Contact Us page for expert guidance.

Why Choose Lewis & Bollard Solicitors and Migration Experts for Family Visitor Visas?

At Lewis & Bollard, we take pride in helping families reunite. Our expertise in family visitor visas ensures a seamless process, tailored to your unique needs. Here’s why we are trusted by clients across Sydney:

  • Experienced Team: Our lawyers have a proven track record of successful family visa applications.
  • Personalised Solutions: We understand every family is unique, so we craft legal strategies that suit your specific situation.
  • Comprehensive Support: From document preparation to submission, we guide you every step of the way.
  • Efficient Processing: We aim to minimise delays and maximise your chances of approval.

Choose Lewis & Bollard’s solicitors and migration experts for expert legal guidance and a stress-free application experience.

Our Specialised Services for Migration Assistance

At Lewis & Bollard, we offer a full range of legal services tailored to meet the challenges of Schedule 3 Criteria for partner visas. Our experienced solicitors are dedicated to providing strategic support and guidance through each step of your application.

Case Evaluation

Our solicitors begin by thoroughly assessing your situation to ensure you meet the Schedule 3 Criteria. This critical evaluation serves as the foundation for your partner visa application, where we identify the strongest arguments and necessary documentation. Our goal is to map out a clear plan that enhances your chances of approval.

Evidence Preparation

A crucial part of meeting the Schedule 3 Criteria involves compiling and presenting comprehensive evidence. Our team works meticulously to gather all relevant information, ensuring every piece supports your application robustly. We prepare and organise documents to clearly demonstrate compelling reasons for your stay in Australia.

Legal Strategy

Developing a personalised legal strategy is key to navigating the complexities of immigration law. Our solicitors tailor their approach based on your unique circumstances, focusing on the most effective ways to align your application with immigration policies. We aim for precision and proactive planning to avoid any pitfalls.

Direct Liaison

Lewis & Bollard acts as your direct contact with the Department of Home Affairs, facilitating communication and ensuring your application progresses smoothly. Our solicitors maintain open lines with the department, advocating on your behalf and responding promptly to any queries or requirements.

Appeals & Reviews

Should challenges arise, our team is skilled in handling appeals and reviews. We guide you through the process of contesting decisions and leverage our legal expertise to present a compelling case for reconsideration. Our proactive approach aims to secure a favourable resolution.

Visa Compliance

Staying compliant with visa conditions is crucial. Our team advises you on how to maintain compliance throughout the application process and beyond. We provide ongoing support to ensure you understand and meet all legal requirements, safeguarding your status in Australia.

Requirements Under Schedule 3 for a Partner Visa

To apply for a partner visa under Schedule 3, applicants must meet specific criteria set forth by the Australian immigration law. These requirements are designed to assess applicants applying from within Australia who have not maintained lawful status. Here is a detailed list of the key requirements:

  • Proof of Compelling Reasons: Applicants must demonstrate compelling reasons for their inability to apply from outside Australia.
  • Relationship Evidence: Evidence must be provided to confirm the ongoing and genuine nature of the relationship with the Australian partner.
  • Australian Sponsorship: The Australian partner must be eligible to sponsor the applicant, typically requiring citizenship or permanent residency.
  • Health and Character Checks: Both the applicant and any dependants must meet health and character requirements.
  • Visa Overstay Explanation: Applicants need to explain any periods of overstaying their visa clearly and convincingly.
  • Previous Compliance: A history of compliance with previous visa conditions is considered, though breaches may be excused under compelling circumstances.

Reasons for Waiving Schedule 3 Criteria in Partner Visa Applications

In certain cases, the strict requirements of Schedule 3 can be waived, which allows for more flexibility in partner visa applications. Understanding these exceptions can be crucial for applicants who face unique or challenging situations. Several reasons why Schedule 3 criteria might be waived are as follows:

Severe Hardship

 If returning to one’s home country would result in severe hardship, this can justify a waiver.

Best Interests of Australian Children

If the applicant has Australian children, their best interests may necessitate a waiver.

Study Opportunities

While studying is permitted, keep in mind that international fees will apply.

Long-term Relationship

A long-term relationship with an Australian partner prior to the visa expiry can influence a waiver decision.

Health Concerns

Serious health issues that require ongoing treatment in Australia can also be grounds for a waiver..

Cultural and Social Ties

Established cultural and social ties within Australia may contribute to reasons for waiving Schedule 3.

Top Reasons to Choose Lewis & Bollard for Schedule 3 Criteria

At Lewis & Bollard, our dedicated team of solicitors specialises in Schedule 3 Criteria, offering expert legal assistance across NSW, VIC and QLD. We understand the complexities of immigration law and are committed to delivering successful outcomes for our clients.

  • Expert Guidance: Our solicitors are well-versed in the nuances of Schedule 3 Criteria, ensuring you receive knowledgeable and strategic advice.
  • Personalised Attention: Each client receives tailored support throughout their application process.
  • Statewide Service: We proudly offer our services in New South Wales, Victoria and Queensland, covering major cities and regional areas.
  • Comprehensive Support: From case evaluation to appeals, we handle all aspects of your partner visa application.
  • Successful Track Record: Lewis & Bollard has a history of successfully navigating complex visa applications under Schedule 3.
  • Continuous Communication: We keep you informed at every step by providing updates and clarifications throughout your journey.

How Long Does It Take to Get a 300 Visa?

The processing time for a Prospective Marriage Visa can vary significantly based on individual circumstances and the completeness of the application. Generally, processing times can range from 16 to 29 months. 

Applicants can help ensure a smoother process by providing complete and accurate information upfront and responding promptly to any requests for additional documentation from the immigration authorities. Delays can occur if applications are incomplete, if there are character or health issues, or during times of high demand.

Choose Lewis & Bollard for Expert 300 Visa Guidance

Choosing Lewis & Bollard means partnering with a dedicated team of solicitors specialised in handling the Prospective Marriage Visa – 300 Visa. We ensure your application stands the best chance of success.

  • Expertise in Immigration Law: Our solicitors have deep expertise in Australian immigration laws, which helps ensure high-quality advice tailored to your unique circumstances.
  • Personalised Attention: Each client receives personalised guidance throughout the visa process, enhancing your understanding and confidence.
  • State Coverage: We offer our services across Australia, including NSW, VIC and QLD. This makes it convenient for clients regardless of their location within these states.
  • High Success Rate: Our proven track record of successful visa applications reassures you of our commitment and expertise.
  • Comprehensive Support: From application preparation to dealing with complexities, our team stands by you at every step.
  • Transparent Communication: We believe in clear and honest communication, keeping you informed about your application’s progress and any developments.

Start Your Partner Visa Journey with Lewis & Bollard Schedule 3 Criteria Solicitors

Take the first step towards securing your future in Australia with the expert solicitors at Lewis & Bollard. Specialising in Schedule 3 Criteria, we provide comprehensive legal services across Australia, including NSW, VIC and QLD. For a consultation or to discuss your case, call us on +612 9283 0888 or visit our Contact Us page. Your pathway to residency begins here.

FAQs

An immigration lawyer in Australia provides crucial legal assistance, guiding you through the intricate processes involved in visa applications, appeals and any migration-related legal issues. They ensure your paperwork is correctly filed, offer representation in court if needed and advise on the best legal strategies to maximise the success of your immigration goals.

While immigration lawyers do not have the power to directly speed up the governmental processing times, their expertise can lead to a smoother, more efficient handling of your application. By ensuring that all documents are accurately prepared and submitted on time, they help avoid delays caused by errors or incomplete information.

When meeting with an immigration lawyer, it’s essential to ask about their experience with cases similar to yours, the likely outcomes of your application and the expected timeline and costs. Enquire about their strategy for your case and how they will communicate updates and progress to you. This will help you gauge their suitability and understand the process ahead.

If you're searching for an immigration lawyer in Sydney, contact Lewis & Bollard. We serve clients across Australia, including NSW, VIC and QLD. You can reach out to us by phone or complete our online form to arrange a meeting with our experienced immigration solicitors.

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