Schedule 3 Waivers | IMMIGRATION LAWYERS IN MELBOURNE

Expert Guidance on Schedule 3 Waivers in Melbourne

At Katsaros & Associates, we specialise in immigration law and offer expert guidance and support for individuals seeking a Schedule 3 waiver. Our experienced team in Melbourne is dedicated to helping you navigate the complexities of this process, providing you with the best chance of success.

Understanding Schedule 3 Waivers

Schedule 3 criteria apply to visa applicants who are unlawfully in Australia or who apply for certain visas while in Australia unlawfully. The criteria include requirements related to the timing of the application and the applicant’s immigration status. If an applicant does not meet these criteria, they may be eligible to request a Schedule 3 waiver, which allows the Department of Home Affairs to consider their visa application despite their unlawful status.

For more detailed information on Schedule 3 waivers, visit the Department of Home Affairs website.

Criteria 3001 of Schedule 3

Criteria 3001 requires that a subsequent visa application be lodged within 28 days of either the cessation of the applicant’s substantive or criminal justice visa or from the date they entered Australia unlawfully.

Criteria 3002 of Schedule 3

Criteria 3002 stipulates that a subsequent visa application must be lodged within 12 months of the applicant ceasing to hold a substantive or criminal justice visa or from the date they entered Australia unlawfully.

Criteria 3003 of Schedule 3

Criteria 3003 applies to applicants who entered Australia unlawfully or did not hold a valid entry permit. To meet this criterion, the applicant must demonstrate:

• The reason for becoming a holder of a non-substantive visa or being an unlawful non-citizen was beyond their control.
• The Minister believes there are compelling reasons for granting the substantive visa.
• They would have been eligible for an entry permit if applied for before becoming an unlawful entrant.
• They agree to comply with all future conditions imposed on their substantive visa.

Criteria 3004 of Schedule 3

Criteria 3004 is applicable if the applicant entered Australia unlawfully and has not subsequently been granted a substantive visa. To fulfill this criterion, the applicant must demonstrate:

• The reason for not holding a substantive visa is due to factors beyond their control.
• The Minister believes there are compelling reasons for granting the substantive visa.
• They complied with conditions imposed on their previous non-substantive visa or entry permit.
• They would have been eligible for a partner visa (subclass 820) at the time they became an unlawful non-citizen or ceased to hold a non-substantive visa.
• They agree to comply with all future conditions imposed on their substantive visa.

For detailed information on these criteria, visit the Department of Home Affairs website.

Compelling Circumstances for a Schedule 3 Waiver

Both Criteria 3003 and 3004 require the applicant to present compelling reasons. Compelling circumstances are assessed individually by the Department of Home Affairs, without a fixed definition in migration provisions. Generally, these circumstances are based on moral necessity, such as:

• Having an Australian child with their partner.
• The Australian partner suffering significantly if the substantive visa is not granted.
• Situations beyond the applicant’s control, such as serious illness.

Factors Beyond Your Control

Factors considered beyond the applicant’s control must link causally to the applicant holding a non-substantive visa or being an unlawful non-citizen. Examples include:

• Errors in visa grant notifications.
• Serious accidents or illnesses preventing timely visa applications.

The Department of Home Affairs assesses these factors subjectively, considering each individual’s unique circumstances.

Responding to a Schedule 3 Warning Letter

In light of the Full Federal Court decision in Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32, the range of acceptable compelling circumstances for Schedule 3 waivers has broadened. This decision has led to more successful Schedule 3 waiver applications based on previously unaccepted compelling circumstances.

Can Schedule 3 Requirements Be Waived?

Yes, the Schedule 3 criteria can be waived. The Department of Home Affairs considers several factors when assessing an application for a Schedule 3 waiver, including:

• Reasons for becoming an unlawful non-citizen.
• Efforts to regularise visa status.
• Visa history and compliance.
• Duration of unlawful status.

To successfully secure a Schedule 3 waiver, compelling reasons must be presented at any point after the application submission until a decision is made.

Grounds for Schedule 3 Waivers

The Department of Home Affairs may consider waiving the Schedule 3 criteria if there are compelling or compassionate circumstances, including:

• Significant Hardship: Situations where refusal would result in significant hardship to the applicant or their family.
• Family Unity: The need to maintain family unity, especially where the applicant has strong family ties in Australia.
• Contributions to the Community: Demonstrable contributions to the Australian community, economy, or society.
• Health Issues: Medical conditions or health issues that warrant special consideration.

How Katsaros & Associates Can Help

Our team of skilled immigration lawyers in Melbourne will provide you with personalised advice and representation. We offer:

• Comprehensive Case Assessment: Evaluating the merits of your case to determine the likelihood of success in seeking a Schedule 3 waiver.
• Expert Legal Advice: Providing clear and concise advice on your legal options and the Schedule 3 waiver process.
• Detailed Preparation: Preparing and lodging a compelling request for a Schedule 3 waiver, including all necessary documentation and evidence.
• Advocacy and Support: Advocating on your behalf and maintaining communication with the Department of Home Affairs throughout the process.

The Schedule 3 Waiver Process

The process of seeking a Schedule 3 waiver involves several key steps:

1. Eligibility Assessment: Determining whether your case meets the criteria for a Schedule 3 waiver.
2. Preparation of the Request: Gathering all relevant documents, evidence, and supporting statements to create a compelling request.
3. Lodgement: Submitting the request to the Department of Home Affairs, along with a detailed explanation of the compelling or compassionate circumstances of your case.
4. Review and Decision: The Department reviews the request and makes a decision based on the information provided and the unique circumstances presented.

For more information on the criteria and process, visit the Schedule 3 Waiver page on the Department of Home Affairs website.

Why Choose Katsaros & Associates

At Katsaros & Associates, we are committed to providing exceptional legal services with a focus on immigration law. Our team is:

• Experienced: With extensive experience handling Schedule 3 waiver matters, we understand the intricacies of the process and what it takes to build a successful case.
• Dedicated: We are passionate about helping our clients achieve their immigration goals and will work tirelessly on your behalf.
• Client-Focused: We prioritise clear communication, transparency, and personalised service to ensure you are fully informed and supported throughout the Schedule 3 waiver process.

Contact Katsaros & Associates Today

If you are considering seeking a Schedule 3 waiver, do not hesitate to seek professional legal advice. Contact Katsaros & Associates in Melbourne for a consultation. Let us help you navigate the complexities of the Schedule 3 waiver process and achieve a favourable outcome.