Section 48 Bar Waiver Case Study: Winning a Partner Visa After Refusal & Neglect
Adrian (not his real name) found himself in legal limbo after his Student Visa (subclass 500) was cancelled, leaving his future uncertain due to the Section 48 Bar. His determination to stay with his partner, Chloe (not her real name), led them to apply for the Partner Visa, despite the looming Section 48 Bar.
Understanding the complexities they’d face, Adrian and Chloe decided to engage a service from a migration agent. They thought they were in good hands, but the migration agent he had trusted failed him, neglecting his case and leaving him feeling abandoned in his most desperate moment. But amidst the fear and frustration, one thing remained certain: his love for his partner and his unwavering determination to stay by her side.
That’s when Adrian turned to ONEderland Consulting. With our expertise, we fought for his right to stay, navigating the complexities of a Section 48 Bar waiver and securing his Partner Visa application. His journey was not easy, but it stands as a powerful testament to resilience, love, and the impact of having the right legal team by your side. We offer hope and support to those facing similar challenges.
This is Adrian’s story. If you’re facing a similar challenge, remember that there is hope, and we’re here to help you fight for it. Adrian’s journey is a powerful reminder that perseverance, coupled with the right legal support, can lead to success.
The Road to Australia: Adrian & Chloe’s Journey
Chloe, an Australian citizen, had experienced love and loss twice over. Both of her marriages ended in heartbreak, scarred by domestic violence. Her first marriage, in 2012, ended in divorce in 2014, leaving her to pick up the pieces of a shattered life.
Seeking a new beginning, she remarried in May 2014, hoping for happiness. But fate had another painful twist years later. She discovered that the marriage was legally invalid. She was still technically married to her first husband at her second wedding. This revelation only added to her struggles, as she had already endured abuse from her second husband, forcing her to withdraw her Partner Visa sponsorship and obtain a final court order against him in December 2015.
Meanwhile, Adrian arrived in Australia in 2014 as an international student with dreams and ambitions. After completing his first study, Adrian planned to continue his degree, so he applied for another Student Visa (subclass 500) onshore. Unfortunately, he was unable to prove his financial stability due to financial issues, which led to his Confirmation of Enrollment and Student Visa (subclass 500) being cancelled in January 2018.
New Love, New Hope
Despite the heartbreak she endured, Chloe found light in the darkness when she met Adrian in 2016. What started as an online friendship soon blossomed into something deeper: a love built on trust, healing, and unwavering support.
After two painful marriages, Chloe struggled to open her heart again. The weight of the past made it hard to trust and believe in love once more. But Adrian never gave up on her. With patience, kindness, and a heart full of love, he slowly mended the pieces of her broken trust, showing her that love could be safe, steady, and trustworthy.
Their journey was far from easy. Chloe spent the early years of their relationship living in a refuge, still trying to escape the shadows of her past. But Adrian stood by her side through it all. When she finally found a place to call home, Adrian welcomed her into his life with open arms. In April 2017, they took the next step, moving in together as a de facto couple, ready to build the future they had both longed for: a future filled with hope, love, and the promise of a new beginning.
Betrayed by the People They Trusted Most
By September 2019, Chloe and Adrian were ready to take the next step. They decided to apply for a Partner Visa (Subclass 820/801) so Adrian could remain in Australia legally. They turned to a migration agent for help, believing they were in good hands to overcome the Section 48 Bar.
But they were wrong.
Instead of guiding them through the process, their migration agent neglected their case, failed to respond to crucial requests from the Department of Home Affairs, and left them in the dark. When Chloe and Adrian realised what was happening, it was almost too late.
Their Partner Visa application was on the brink of failure due to unaddressed Section 48 Bar and Schedule 3 Criteria requests, a critical component of their case since Adrian was refused a Student Visa and applied without a valid substantive visa. Their dream of a future together was slipping away, all because of someone else’s carelessness.
Fighting Back: A Second Chance at Justice
Determined not to give up, Adrian sought help from me and the legal team at ONEderland Consulting on 21 February 2024. By 03 May 2024, he and Chloe had officially engaged our services. Within just two weeks, on 16 May 2024, we had taken over their case and contacted the Department of Home Affairs. Our dedication to their case was unwavering.
We quickly realised the extent of the damage done. Chloe and Adrian’s case was hanging by a thread, with 11 outstanding IMMI requests that their previous agent had ignored, which all related to the Section 48 Bar, Schedule 3 Criteria and sponsorship information.
The Long Road to Redemption
Our legal team tackled every request from 2021 to 2024 with precision and urgency. We successfully addressed and crafted all compelling evidence on time.
Every submission, every document, every argument had to be flawless because one wrong step could mean Adrian’s deportation. Here are the points that we highlighted on Adrian and Chloe’s Partner Visa application:
- The financial struggles Adrian faced led to his Confirmation of Enrolment and Student Visa (subclass 500) being cancelled. We carefully explained that the financial issues were out of Adrian’s control, and he had tried his best to solve the problems before his Confirmation of Enrolment and Student Visa (subclass 500) were cancelled.
- Adrian never intended to overstay his visa. Just like other migrants who face cancellation or refusal issues, Adrian was terrified of being deported if he reported his situation to the Department of Home Affairs. His biggest concern was Chloe’s health, as he was afraid that his deportation would negatively affect Chloe’s situation.
- Chloe’s mental health after being a domestic violence victim and how much Adrian helped her to get her life back. We explained that Adrian’s presence meant a lot for Chloe. If Adrian leaves Australia, Chloe’s life will be affected by hardships.
- Unprofessionalism from their previous Migration Agent. We also explained that Adrian and Chloe never intended to neglect their Partner Visa application, and they genuinely intended to live together in Australia as a committed and loving couple. The previous requests were never addressed due to their previous migration agent’s unprofessionalism.
Victory at Last: A Love That Endured
After months of intense legal work and unwavering determination, Adrian’s visa was finally approved on 22 November 2024!
Not only did he receive his Partner Visa, but he was also granted Permanent Residency directly!
Chloe and Adrian could finally breathe freely after years of heartbreak, betrayal, and legal battles. Their love had survived the toughest of tests, and now, they had the life they had fought so hard to protect.
Their story is a reminder that no matter how hopeless a situation may seem, your Partner Visa application can be restored with the right guidance.
My advice if you face Section 48 Bar on your Partner Visa application
Suppose you face a Section 48 Bar while applying for a Partner Visa. In that case, it is crucial to understand that your case requires a well-prepared and strategic approach. The Section 48 Bar restricts applicants from applying for most visas while onshore after a visa refusal or cancellation. However, overcoming this challenge is possible with the right legal strategy and professional guidance.
Here are the key steps to overcome the Section 48 Bar for a Partner Visa application:
1. Understand Your Eligibility for a Waiver
Not all visa applicants qualify for a Schedule 3 waiver, which is essential when applying for a Partner Visa while under Section 48 Bar. A strong case must demonstrate compelling and compassionate circumstances, such as an established relationship and significant hardship if separated.
2. Prepare Strong Supporting Evidence
Your application must include substantial evidence to prove your genuine and committed relationship. This may consist of financial, social, and emotional aspects of your partnership and proof of hardship if you are forced to leave Australia.
3. Avoid Costly Mistakes by Seeking Professional Assistance
Given the complexities of the Section 48 Bar, seeking assistance from a Registered Migration Agent is essential. Many applicants fail because they do not fully understand the strict legal requirements or how to present their case effectively. A professional migration agent with expertise in Partner Visa applications can:
- Assess your eligibility for a Schedule 3 waiver
- Prepare a compelling legal submission to justify your onshore application
- Ensure all documents are properly prepared and submitted to maximise your chances of success
- Provide ongoing legal guidance and representation if complications arise
Also, remember that not all migration agents are experts in complex cases. Ensure you conduct thorough research to find the best migration agent to assist you with complex cases, like Section 48 Bar on Partner Visa applications.
4. Act Quickly to Avoid Further Immigration Issues
Delaying action can make your case more difficult. The longer you remain in Australia without a valid visa or an approved application, the higher the risk of complications, including potential deportation. Engaging a migration agent immediately ensures your case is handled correctly.
ONEderland Consulting will guide you through all!
Applying for a Partner Visa with Section 48 Bar on the way 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 dealing with Section 48 Bar on Partner Visa applications. 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.
