{"id":5939,"date":"2023-06-22T15:50:48","date_gmt":"2023-06-22T05:50:48","guid":{"rendered":"https:\/\/www.blmigration.com.au\/?post_type=case&p=5939"},"modified":"2025-10-16T15:05:01","modified_gmt":"2025-10-16T05:05:01","slug":"schedule-3-requirement-and-family-violence-in-partner-visa","status":"publish","type":"case","link":"https:\/\/www.blmigration.com.au\/en\/case\/schedule-3-requirement-and-family-violence-in-partner-visa\/","title":{"rendered":"Schedule 3 requirement and family violence in partner visa"},"content":{"rendered":"\t\t
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\n\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t\"schedule\t\t\t\t\t\t\t\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t
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Brightstone recently won a partner visa<\/a> case which had both schedule 3 requirement issues and the relationship breaking down.\u00a0<\/span><\/h2>

The client first came to us when his substantive visa had ceased for almost a year. He was waiting for renewal of his student visa. However, considering he had already renewed his student visa several times over a 10 year period, we advised that the prospects of success was very low on that application. Considering he was facing a potential visa refusal record, we advised the client to immediately lodge a partner visa application as soon as possible.\u00a0<\/p>

One of the factors the Department will consider for the schedule 3 requirement is whether the person has made little or no effort to regularise their status. Thus, lodging the partner visa application as soon as possible after the substantive visa ceased increases chances of meeting the schedule 3 requirement.\u00a0<\/p>

Luckily, the client proceeded with our advice. However, a year later, we were advised that the client was no longer in a relationship. After discussing with the client, we identified that he may have been a victim of family violence<\/a>.\u00a0<\/p>

Despite the relationship breaking down, we were able to win the partner visa application which was tainted with both the issue of no longer having a sponsor and schedule 3 requirement.\u00a0\u00a0<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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\n Client<\/strong>\n <\/div>\n ZL<\/span>\n<\/div>\n\n\n
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\n Nation<\/strong>\n <\/div>\n China<\/span>\n<\/div>\n\n
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\n VISA<\/strong>\n <\/div>\n Visa Expire<\/span>\n Partner Visa<\/span>\n <\/div>\n<\/div>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t
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Background<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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The client had been living in Australia for almost a decade on a series of student visas, without completing any of his courses.\u00a0<\/p>

He was in a relationship with an Australian partner but they did not live together<\/a> until several months before consulting with our lawyers. We advised that although they did not live together, they may already satisfy the definition of a de facto partner relationship per immigration law.\u00a0<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t

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Difficulties with this case<\/h2>\t\t\t\t<\/div>\n\t\t\t\t
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The main difficulties with this case were:<\/p>