Waivers and
Exemptions
Waivers and
Exemptions
Like all things in life, your visa applications may not go as planned leading to a visa refusal or visa cancellation because of various reasons.
Visa Refusal and Cancellation Services
The Australian migration laws contain certain criteria that may be waived or found not to apply, on the basis of compelling and/or compassionate considerations.
The most frequent matters we observe that involve ‘compelling’ and/or ‘compassionate’ considerations are:
- compelling or compassionate circumstances for not applying or waiving Partner visa criteria (Schedule 3 requirements) or sponsorship requirements;
- compelling or compassionate reasons for absence or departure from Australia (Resident Return visas); and
- compelling or compassionate circumstances to waive the requirements of Public Interest Criterion (PIC) 4013, PIC 4014 and PIC 4020.
PIC 4020 acts as a penalty if the Department has found that you have provided false or misleading information or documents. If determined so, then you will be subject to a non-grant period of up to 10 years.
Depending on the nature of the bogus and misleading information, the non-grant period may be waived if you can prove that there are circumstances or reason that is compelling or compassionate for granting the visa applied.
Ultimately, PIC 4020 waiver is a question of fact and degree. The considerations that may be relevant to each will differ and hence we must consider all the circumstances of the case including any matters that we can put forward. We must also invoke the decision-maker to undertake an active intellectual process in relation to these matters and determine on the evidence whether there are compelling and/or compassionate circumstances.
Schedule 3 waiver is commonly required for those who are wanting to or have applied for the partner visa onshore but do not hold a substantive visa.
For a sch 3 waiver, we must provide that there are compelling reasons for your partner visa to be granted.
The compelling reason can arise even after your partner visa has been lodged, and hence an active discussion and review of your case is the key.
A No Further Stay condition must be placed on some visas and sometimes the Department may issue this condition at their discretion on other visas.
If your visa is subject to a no further stay condition, you must first understand that it does not go away even when your visa expires.
This condition may be waived if there has been a major change in your situation after you have obtained this visa. This change must be out of your control and you could not have prevented it or stopped it from happening.
You can only apply for another visa after the No Further Stay condition is waived.
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