A Love That Overcame Schedule 3 Criteria: Evelyn & Leo’s Partner Visa Success Story
In my 15 years of experience in migration law, I have seen far too many people overstay their visas, not out of choice, but because they didn’t know where to turn for help. Many were unaware of their visa options, and by the time they sought guidance, they were already facing serious consequences, like the daunting Schedule 3 Criteria waiver when applying for a Partner Visa.
Take Evelyn and Leo (not their real names), for example, a beautiful couple whose love was tested by a challenging Partner Visa application with visa overstay and cancellation cases. Their story, a testament to the power of love and resilience, proves that true love isn’t just about finding the right person; it’s about standing by them, even when the road ahead seems impossible. Their journey is one that resonates with us all, evoking empathy and a deep emotional connection.
Leo and Evelyn fought tirelessly against the odds for three long years, showing unwavering determination and courage. Their love story ends happily; their love triumphed! They won their Partner Visa battle and finally got the fresh start they had dreamed of. Their journey is a testament to resilience, love, and the power of never giving up. Read on to discover how they overcame it all.
A Dream That Turned into a Nightmare
Leo’s journey to Australia began with excitement and ambition. In March 2015, he arrived on a Working Holiday Visa (subclass 417), eager to explore new opportunities. His dedication and hard work didn’t go unnoticed, and his employer sponsored him for a Temporary Work (Skilled) Visa (subclass 457) (now Skills in Demand Visa subclass 482) in April 2016.
But just a few months later, everything fell apart. Due to unforeseen issues, Leo lost his sponsorship in July 2016, and his visa was officially cancelled by August 2019.
Suddenly, the life he had built in Australia was at risk. With nowhere to go and no immediate options, Leo stayed unlawfully in the country for nearly two years.
A Love That Gave Him Hope
In January 2021, amid uncertainty and fear, Leo met Evelyn, an Australian citizen whose strength and resilience deeply moved him. Evelyn had been battling depression and anxiety for over a decade, regularly seeking medical help while trying to hold onto hope for a brighter future.
Leo admired her courage. Her fight for a better life inspired him, and soon, their love blossomed.
For Evelyn, Leo was the support she had longed for. She finally found the one who stood by her, uplifted her, and made her feel truly understood. But their happiness came with a heavy burden: Leo’s immigration status loomed over their future.
A Desperate Fight to Stay Together
Evelyn couldn’t imagine a future without Leo and was ready to fight for their right to be together. With great determination, the couple turned to ONEderland Consulting, hoping to find a way for Leo to remain legally in Australia.
After in-depth discussions, Evelyn and Leo boldly decided to apply for an onshore Partner Visa (subclass 820/801). But they knew the road ahead would be far from easy.
The Challenges They Faced:
The challenges involve the biggest legal issues:
- Leo’s past visa issues—his 457 Visa cancellation and nearly two years of unlawful stay made him subject to Schedule 3 Criteria and Section 48 Bar.
- Not meeting the 12-month cohabitation requirement for a de facto visa.
Despite the complexities, their love and commitment gave them the courage to move forward.
With the help of our Migration Agent and legal team, Leo and Evelyn lodged their Partner Visa application on 12 November 2021. The very next day, Leo was granted a Bridging Visa C, but without work rights. Knowing how crucial financial stability was for their future, we immediately assisted Leo in applying for work rights, which were successfully granted on 24 November 2021.
Waiting with Patience, Holding onto Hope
Evelyn and Leo remained patient for almost three years, continuously providing updated evidence of their relationship to show their genuine love and commitment, including:
- Updated photos together showing how much they love, need, and support each other;
- Updated payslips and work contract showing Leo’s valuable skills and contribution to the country’s economy;
- Updated medical letter stating Evelyn’s mental health condition and how Leo has been a great support for her;
- Statement letters from friends and family acknowledging their relationship and how important the relationship for their betterment; etc.
Disclaimer: each case is unique and requires different documents to strengthen the Schedule 3 criteria waiver. If you wish to have a tailored document checklist for your case, call us at 0894775831.
Then, in February 2024, after years of uncertainty, they finally received their first and only request from the Department of Home Affairs.
Our legal team at ONEderland Consulting acted swiftly, responding within the deadline and crafting a compelling submission to justify why Leo deserved to stay, not just for Evelyn but for the life they had built together.
A Beautiful Ending: Their Love Story Triumphs
On 17 July 2024, Leo and Evelyn received the life-changing news: Leo’s Partner Visa was granted, and it went straight to Permanent Residency!
Against all odds, their love had won. Leo was no longer living in fear of separation. He and Evelyn could finally build their future together, free from uncertainty.
Evelyn and Leo’s story is a powerful reminder that love is worth fighting for, and with the proper guidance, even the most complex immigration cases can have a happy ending.
Your love story also deserves a happy ending
Evelyn and Leo’s journey could have been much smoother if Leo had sought guidance from a Registered Migration Agent from the very beginning.
Unfortunately, like many others, he was confused and afraid, unsure where to turn for help. This underscores the crucial role of professional guidance in navigating the complex immigration process, providing reassurance and confidence to those facing similar challenges.
If you find yourself in a similar situation, know that you are not alone, and there is a way forward. To help you navigate this challenging process, here is my expert advice on overcoming Schedule 3 Criteria in a Partner Visa application:
1. Seek Professional Migration Advice Immediately
Timing is critical! The sooner you consult a Registered Migration Agent, the better your chances of success. I’d suggest assessing your case with an experienced agent, like ONEderland Consulting. We can evaluate your case, identify risks, and develop the best strategy to argue for a Schedule 3 waiver. Without expert legal support, even a small mistake in your application could result in a visa refusal.
2. Build a Strong Case with Compelling and Compassionate Grounds
To request a Schedule 3 waiver, you must demonstrate compelling circumstances that justify your stay in Australia, for example:
- A genuine and committed relationship with your Australian partner.
- Significant hardship if you were forced to leave the country.
- Dependents or Australian children who rely on you.
- Health or safety concerns, such as being a victim of domestic violence.
I and the team at ONEderland Consulting will help you frame these arguments persuasively, ensuring they align with immigration law requirements.
3. Provide Extensive Supporting Evidence
Strong evidence is key to convincing the Department of Home Affairs to waive Schedule 3, for example:
- Statutory declarations from you and your partner.
- Medical or psychological reports proving hardship or health risks.
- Financial records show your dependence on your Australian partner.
- Character references from family, friends, or community members.
Note that the required documents may vary depending on your circumstances. Contact ONEderland Consulting to get the tailored document checklist that fits your case. We will ensure your documentation is thorough, accurate, and compelling, significantly increasing your chances of approval.
4. Avoid Further Visa Breaches and Act Quickly
If you have overstayed your visa, applying for a Bridging Visa E (BVE) immediately can help regularise your immigration status. Any further breaches can weaken your case, so professional guidance is essential to avoid missteps!
With 15 years of expertise, ONEderland Consulting will guide you through the complexities of Australian immigration, especially if you’ve overstayed your visa. Everyone deserves a second chance, and with a compelling case like Leo and Evelyn’s, you shouldn’t have to face this battle alone. Let’s fight for your future together. Click below to connect with our Registered Migration Agent, and let’s craft a powerful strategy for your Partner Visa Schedule 3 Criteria waiver!
ONEderland Consulting will guide you through all!
Applying for a Partner Visa Schedule 3 Criteria waiver is one of the most complex visa processes under Australian immigration law. Without proper legal representation, your application faces a high risk of refusal.
ONE derland Consulting has vast experience in dealing with Partner Visa Schedule 3 Criteria waiver. Our success rate in winning refusal visas is second to none. You may speak to our Visa Specialists to understand your options for refusal solutions.
We will also assist you in making the right decision on whether you should spend the time and money to proceed with the visa application onshore. We have a 98% success rate and are one of Australia’s most highly recommended migration agents. Read our 4.9* score customer reviews.
We are complex visa specialists. As registered Australian migration agents with the Migration Agents Registration Authority (MARA), we are regulated in our professional practice and bound by the profession’s Code of Conduct issued by the MARA.
Take the first step and get in touch with us. Our team members are honest, accountable and professional. Contact us through email at [email protected] or via phone at 1300 827 159. Alternatively, you may book your consultation online, and it is backed by our 100% Money Back Guarantee Program.
