Question of the Week
Partner Visa & Visitor (Temporary) ( 12 months) Class FA 600 Visa combination
Category: No Category
Question asked
Hello, I need some assistance for my partner (applicant) we are in a De Facto relationship with no children.
My partner and I applied for a partner visa onshore in Australia two years ago, but it was refused due to not meeting schedule three criteria so my partner had to depart.
My partner went off shore and we applied for a partner visa straight away (July 2016), in the meantime he has applied for a tourist visa from XXX to come visit me In Australia.
We have just received an email from the DIBP of the Visitor (Temporary) ( 12 months) Class FA 600 visa stating that we need to show proof that the applicant satisfies Public Interest Criterion (PIC) 4014 contained in clause 4014 of Schedule 4 to the Migration Regulations 1994.
We need to show compelling or compassionate circumstances affecting the interests of an Australian citizen (I, the sponsor).
My questions are:
1) what are the chances of getting a successful waiver for not meeting schedule 4? (I do suffer from XXX) We have been together for XXX years in December this year).
2) Should we just pull out from the tourist visa and wait for our partner visa results?
3) What are the chances of our partner visa results being successful since we do not live together right now, and I cannot live in XXXX due to work and my studies.
We have been quoted a very high amount of money from a lawyer to take our case, we are just not sure if it's worth it!
Answer provided by Migration Agent
Dear S.
Thank you for your inquiry about PIC 4014 in relation to a submitted FA600 visitor visa application.
From the information provided in your question I understand your partner
- overstayed his visa
- before departing Australia as an unlawful non citizen and
- before submitting an UF309/BC100 partner visa while being overseas.
Exclusion period
This leads to an exclusion period of three years which can be repealed in case ‘compassionate or compelling circumstances exist.
Compassionate or compelling circumstances
These compassionate or compelling circumstances must affect the interests of either
- Australia,
- an Australian citizen,
- an Australian permanent resident or
- an eligible New Zealand citizen
in order for the Department of Immigration and Border Protection (DIBP) to be able to exercise discretion to grant a visitor visa application within years after your partner departing Australia.
Examples for compelling circumstances might include for instance:
- family members in Australia would be left without financial or emotional support
- in a few instances, legal or business related reasons
- family members in Australia would be unable to properly arrange a relative's funeral in Australia or
- a parent in Australia would be separated from their child (for example, if the child was removed with their non resident parent and is therefore subject to an exclusion period).
Waiver Request
Supporting evidence for a waiver request might include medical/psychological, financial or legal certificates.
Depending on the strength and significance of your supporting evidence a waiver request may be successful.
Please note: while it is impossible to assess whether a waiver request you submit will be successful (keeping in mind it is a discretionary decision) we can advise that DIBP however usually is not known for applying their discretionary powers generously.
If you fear the evidence you are able to provide may not be strong/significant enough for a successful waiver request, it might be an option for you to consider withdrawing the FA600 visitor visa application while waiting out the partner visa decision.
I hope the above answers your questions submitted to ASK AN AGENT.
If you need further services from myself or a registered migration agent, please contact Amy at amy.jacobson@ask-an-agent.com.au or visit https://www.ask-an-agent.com.au/visa-quote and don't forget to mention your Question ID so that I can keep providing immigration services to you.
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