Complex Partner Visas

Partner visas with Schedule 3, PIC 4020, character issues, previous refusals or visa history issues need more than a standard application. These are the cases we specialise in, for clients across Australia.

When a partner visa becomes complex

A genuine relationship is the foundation of every partner visa, but it is not always enough. Many couples find that the hardest part of their application is not the relationship itself but the applicant’s visa history. Two issues come up again and again, often together:

Schedule 3

Applying onshore while holding a bridging visa or no visa. You usually need to show compelling reasons sufficient to address Schedule 3 for the grant of the visa. About Schedule 3.

PIC 4020

Concerns that false or misleading information, or a bogus document, was given, now or in an earlier application. This can lead to refusal and an exclusion period. About PIC 4020.

Why they often appear together

People who lose their substantive visa have often had a difficult visa history: a refused or cancelled visa, a student or work visa that ended unexpectedly, or an earlier application that did not go to plan. When they then apply for a partner visa onshore, Schedule 3 applies. At the same time, the Department compares everything in the partner application with those earlier applications, and any inconsistency can raise PIC 4020 concerns.

Handled separately, these issues can undermine each other: an explanation that helps with Schedule 3 can create a PIC 4020 problem if it does not match what was said before. Handled together, as one consistent case, they are much stronger.

Other complications we handle

  • “No further stay” condition (8503) on your current visa, which can prevent an onshore application unless waived.
  • Previous refusals or cancellations, including s.57 natural justice letters and NOICC responses. Visa cancellation.
  • Sponsor issues, such as a sponsor’s criminal record or earlier sponsorships. Sponsor’s criminal record.
  • Character and health concerns. Character submissions ยท Health waivers.
  • Refusals, and merits review at the Administrative Review Tribunal. ART appeals.

Our approach

  1. Full history review. We review every previous visa application and decision so we know exactly what the Department knows.
  2. Risk assessment. We identify Schedule 3, PIC 4020, character and other risks before anything is lodged.
  3. One consistent case. Relationship evidence, the Schedule 3 compelling reasons and any PIC 4020 explanation are prepared to support each other.
  4. Clear written submissions. We set out the facts, evidence and reasons in a structured submission for the case officer.
  5. Ongoing support, including responses to requests and natural justice letters, through to the permanent stage.

New to partner visas? Start with our Partner Visas overview.

Talk to a Registered Migration Agent

If your partner visa involves Schedule 3, PIC 4020 or a difficult visa history, book a strategy session with Tatsiana Pustavoit (MARN 1800880) before you lodge or respond. Only the Department of Home Affairs can decide a visa application, and no outcome can be guaranteed.

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