Waivers and Permissions
Waivers: Permissions and Visa Conditions
A waiver is a request to the Department seeking a waiver of a limitation or restriction. There are different types of waivers depending on the visa and its context. Understanding the circumstance surrounding the waiver is key to addressing them effectively. At Kris Ahn Lawyers, we help individuals navigate the complex waiver process. Our personalised support ensures that your case is handled with care, improving your chances of a successful outcome.
Types of Waivers
There are various types of waivers depending on the circumstance. Some common waivers we experience are as follow.
Schedule 3 waiver
Most commonly found with Partner visa applicants who have lodged, or are preparing to lodge, their Partner visa but do not hold a substantive visa (a visa other than a Bridging visa). Compelling and compassionate reasons must exist for a successful waiver of schedule 3 criteria.
No Further Stay
This condition can be placed on an existing visa grant, restricting applicants from applying for another visa in Australia. The waiver must be approved before you can proceed with another visa, and you are responsible for remaining lawful at all times in Australia while the waiver processes.
Health Waiver
Some temporary and all permanent residence visas require health examinations. Where you or your family member have not passed the health examination, a waiver may be accessible to you. Please note, health waivers are limited to certain visas.
4020 Waiver
Public Interest Criteria (PIC) 4020 acts as a penalty where false or misleading information or documents were provided in an application which can result in non-grant periods of up to 10 years. This simply means a visa cannot be granted to you for up to 10 years. The PIC 4020 waiver is a request to the Department to consider compelling and compassionate circumstances to waive this restriction.
Permission to work longer than 6 months
Applicable to Working Holiday visa holders, this is a request for permission to work up to and longer than 6 months with the same employer.
Requests for waivers are highly complex and can be arduous, particularly with matters such as satisfying schedule 3 and PIC 4020 waivers. If you find your circumstance aligns with these topics, please reach out to our office for an in-depth discussion on how to prepare and navigate the best outcome.
What are Compelling and Compassionate Reasons?
Compelling and compassionate reasons may vary in terms of different visas and their waivers. For a detailed review, please read our article on compelling and compassionate grounds.
How Can We Help?
At Kris Ahn Lawyers, we provide expert assistance to clients who require waivers for different reasons. We analyse the circumstance surrounding the request for a waiver and with you, prepare a detailed and legally backed submission with supporting documents. Our experience in handling complex waivers is extensive and we provide you with clear strategic advice.
Frequently Asked Questions
I received an email from the Department requesting further information about why I didn’t hold a substantive visa when I lodged my Partner visa. What does this mean?
This means you are now required to provide supporting documents and information as to why the schedule 3 criteria should be waived so your Partner visa can be granted. At this stage of your application, you are strongly advised to seek legal advice and representation.
Can I lodge a new visa first before my No Further Stay condition is waived?
No. Where you lodge a new visa before the No Further Stay condition is waived, it is considered an invalid application. The visa fee will be refunded to you and if the visa you held has expired, you will be unlawful.
What are my next steps if I’ve recently been notified BUPA requires more information after my health examination?
Where BUPA requires further information, or your details have been passed to a Medical Officer of the Commonwealth (MoC), it may mean you have not passed one or more tests of the health examination. The options available to you will vary depending on the visa and the results of your examination. Please contact our office for an in-depth discussion on how to best move forward.
