Solving complex partner visa cases with ‘compelling and compassionate’ circumstances. Advice from a partner visa specialist in Melbourne
Applying for a partner visa to enter Australia can be a complex and daunting process, especially when there are compelling and compassionate circumstances involved. Compelling and compassionate criteria refer to situations where individuals don’t fulfill the normal eligibility requirements for a partner visa, but the circumstances are considered significant and deserving of special consideration. In such cases, the assistance of a partner visa specialist in Melbourne can be invaluable.
What is the partner visa system in Australia?
The partner visa system is designed to allow Australian citizens, permanent residents, and eligible New Zealand citizens to sponsor their partner’s application to live with them in Australia. To be eligible for a partner visa, the applicant must be in a genuine and ongoing relationship with their sponsoring partner. They must also meet the health and character requirements set by the Australian government.
There are two main types of partner visas available in Australia:
- Onshore Partner Visa (subclass 820/801): This visa allows the applicant to live in Australia temporarily (subclass 820) while their permanent partner visa application is being processed (subclass 801). The applicant must be in Australia when applying for this visa.
- Offshore Partner Visa (subclass 309/100): The applicant must be outside of Australia when applying for this visa, and have their partner or spouse sponsor them. After approval of the subclass 309 visa, applicants are allowed to stay in Australia until the subclass 100 visa is approved.
The application process for a partner visa typically involves several steps. These include applying, providing supporting documents, attending a biometric appointment, and attending an interview with an immigration visa consultant. The processing time for a partner visa application can vary depending on several factors, such as the applicant’s country of origin and the complexity of the case.
Why speak to a Melbourne partner visa specialist for compelling and compassionate circumstances?
There are no prescribed circumstances that are dictated to be ‘compelling and compassionate’ meaning the applicant will be judged on a case-by-case basis. Generally it is left up to a reasonable assessment of what these circumstances mean, but usually involve complex family situations. If an applicant believes they have a compelling and compassionate circumstance, they should seek advice from a registered migration agent or immigration lawyer and provide as much evidence as possible to support their case. So, what are some examples of compelling or compassionate circumstances?
Serious illness or medical condition
If the applicant or their partner has a serious illness or medical condition that requires ongoing treatment, they may be granted a partner visa on compassionate grounds. This may apply if the applicant cannot access appropriate medical care in their home country or if the treatment is not available or accessible.
This can also refer to serious mental health issues as well. Applicants may need to provide evidence of their condition and how it is managed: including medical reports, evidence of treatment, and information about any medication or support services they receive. In such cases, a partner visa specialist in Melbourne can assist in presenting the evidence required to demonstrate the medical condition and its impact on the applicant’s life.
Child custody and access issues
Child custody and access issues can be complex, and they can also impact a partner visa application.
There are a variety of circumstances which can lead to parental/ children separation that may allow an applicant to bypass standard partner visa eligibility requirements:
- Applicants may be able to receive a partner visa to look after the children living in Australia even if they are from a previous relationship.
- If the applicant has dependent children who are living in Australia, and the separation would lead to significant hardship and distress.
- If the children were born in Australia with an Australian citizen partner, but the applicant was only staying temporarily.
A partner visa specialist in Melbourne can assist in presenting the evidence required to demonstrate the applicant’s relationship with their child and their efforts to resolve any custody or access issues.
If the applicant or their partner has a disability, they may need to provide additional evidence to demonstrate that they can meet the health requirement for the visa. They may also be eligible for a health waiver if their disability does not pose a significant cost to the Australian health system. Compassionate circumstances can imply that the individual with the disability may require caretaking by their partner. Compassionate circumstances may apply whether the person with a disability is the visa applicant, or the Australian citizen.
AIVS: partner visa specialists Melbourne
Applying for a partner visa to enter Australia can be a complex and challenging process, especially when there are compelling and compassionate circumstances involved. At Australian Immigration & Visa Services – AIVS, our team of Melbourne partner visa specialists are here to help with the process. If you are facing a complex partner visa application with compelling and compassionate circumstances, we encourage you to seek the assistance one of our partner visa specialist in Melbourne to help guide you through the process. Our team of experts will make sure complex situations are handled in the optimal way to ensure your visa processing is smooth and prompt.