Complex cases

What are complex cases?

If your visa application (especially marriage or fiancé visa) falls under any of the following categories, it is considered a complex case, and it is best to seek advice and have your application monitored by immigration specialists:

  • You are living in Australia without a visa or with an expired visa (unlawful) before applying for a marriage visa.
  • You want to apply for a de facto visa while you or your sponsor is still in a previous relationship.
  • Your visa has been canceled or your visa application has been refused while you are in Australia (Section 48), and you want to apply for a marriage visa.
  • You do not meet the health requirements to be granted a visa.
  • The sponsor or visa applicant has a criminal record.
  • Your visa application has been previously refused.
  • You have previously violated PIC 4020 terms (provided incorrect information or used false documents for Australian immigration purposes).
  • Your sponsor has sponsored more people than allowed or less than 5 years have passed since their last sponsorship.
  • Your sponsor withdraws their sponsorship in the middle of the process.
  • Domestic violence occurs during the visa application process.

If your visa application falls under any of the above cases, the chances are high that your application will be refused if you submit it without the right strategy from the beginning and convincing explanations to immigration when requested.

Before we accept a case that falls under any of these categories, our immigration specialists will discuss your case in detail with you and propose an appropriate strategy for your application.

After your application has been lodged and the Australian immigration sends a request for an explanation, we will read carefully the content requested by the Australian immigration. Next, we will help you write a legal statement with full legislation, reasoning, and provide convincing evidence to defend your application and specific case. Depending on the situation, we may ask you to provide evidence to refute the information provided by the Department of Immigration.

In reality, applicants sometimes underestimate the importance of explaining their visa situation because they think it sounds simple. However, persuading the Department of Immigration can be extremely difficult. You need to understand immigration law so that you can argue that you have not violated any laws, or that you have met any requirements and can rely on which provisions to apply for exemptions from prohibited terms to apply for a visa. You also need to know how to organize relevant evidence logically and persuasively to prove that the information the Department of Immigration has is incorrect, or that your case may fall into the category of compelling and compassionate circumstances to have the Department of Immigration remove any prohibited terms that apply to your case.

If your visa falls into any of the above categories, please contact us immediately to receive support with the right strategy from the beginning. With experience in handling such cases, we can help you overcome these obstacles and contribute to a successful visa application for you.

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