Partner Visa Application Made Without Application Made Without Valid Visa At Time Of Application, Combined With Complex Health Issues

complex health waiver success
NO CASE IS TOO HARD FOR ANDREW WOO, MIGRATION AGENT AT TAYLOR & SCOTT LAWYERS
FACTS

In 2013, our client presented at Taylor & Scott’s Lidcombe office.  He was desperate.  His health was declining rapidly and he suffered from chronic obstructive pulmonary disease.  He was pale, coughing constantly and had obvious difficulty breathing.

He had arrived from New Zealand in 1984 without a valid visa.  He had a long term de facto relationship of more than fifteen years with his partner.  He had consulted a Migration Agent, paid a lot of money and submitted a Partner Visa Application to the Immigration Department.  His Migration Agent had refused to help further without substantial additional payments being made.  

ANDREW ASSESSES PROBLEM

Having taken detailed instructions, Andrew identified two potential issues for the Partner Visa:

  1. Schedule 3 criteria (he did not have a substantive visa at the time of making his Partner Visa Application).
  2. His failing health due to his chronic obstructive pulmonary disease.

Further discussion took place and then Andrew discovered another major issue.

DELAY

The Department of Immigration had requested further information be provided within twenty eight days.  This letter had been sent to our client’s former Migration Agent several months earlier but he had not passed this letter on to Andrew’s client.

Andrew further questioned his client which revealed that he had no real documentary evidence to substantiate his claim of a de facto relationship exceeding ten years.

ACTION TAKEN

Andrew advised he would prepare an urgent submission to the Department of Immigration attaching the very limited documentation in support.  Andrew told his client that this would be step one and that the Department of Immigration would reject the Application.

THE BATTLE BEGINS

Following rejection by the Department, Andrew lodged an Appeal Application for a merit review through the Migration Review Tribunal.  Andrew requested a fee reduction on financial hardship grounds.  Then Andrew made a very detailed written submission on his client’s behalf.  He pointed out to the Tribunal that his client and his client’s partner would give oral evidence at the hearing which Andrew hoped would overcome the lack of documentary evidence in the Application.

Andrew then appeared at the hearing.  The Tribunal handed down a favourable decision and sent the case back to the Department of Immigration confirming that the Schedule 3 criteria had been met.

THE NEXT HURDLE

The client’s chronic health issues

Andrew was seeking a health waiver for his client.  As he had no financial backing, Andrew had to rely on his client’s compelling, compassionate grounds as he had no ability to meet any of the substantial medical costs associated with his chronic health condition.  Andrew made further submissions focusing on his client’s compelling compassionate circumstances.

SUCCESS AT LAST

Following the submission for the health waiver, a few months passed.  Finally notification was received by Andrew granting his client permanent residency.  Andrew contacted his client who took quite some convincing to accept that Andrew’s dogged persistence had resulted in the grant of permanent residency.

ANDREW’S OFFER TO YOU

If you are seeking permanent residency in Australia or if you have health issues, let our expert Migration Agent Andrew Woo evaluate your case to determine if he can assist you.  Andrew will do everything he can to help you to a better future.   Contact Andrew on 1800 600 664 or complete the Contact Form on this page.

At Taylor & Scott “ We Care For You.”