Waiver requests

Overview

In some cases you are able to include a special submission with your application addressing an issue that would otherwise be a basis for refusing your visa. In other cases the Australian Government may request more information or ask you to give a formal explanation of an event that would otherwise cause your application to be refused or a visa cancelled.

If this occurs, you can prepare a special response addressing the issues of concern.

This can include the following situations:

• the Department of Home Affairs has alleged you have provided false or misleading information in a visa application;
• you have allegedly breached a particular visa condition while in Australia and have been asked to respond by the Australian Government;
• you have overstayed an Australian visa or allowed yourself to go unlawful;
• the Australian Government has written to you advising it intends to cancel your visa and has given you 28 days to respond;
• you have a “no further stay” condition imposed on your current visa and want to apply for a new visa;
• you have previously been deported or asked to leave a country that is not Australia and have been asked to explain the circumstances;
• you have criminal convictions or a major health issue that might cause your application to be refused;
• you have suffered domestic violence while holding a Partner visa;
• you have been dismissed from a job while holding a temporary work visa;
• you need to demonstrate there are “compassionate and/or compelling circumstances” that would allow you to apply for a Partner visa or other visa;
• you need to establish “compassionate and/or compelling circumstances” to apply for a Travel Permission.

In these cases it is possible to make a special submission explaining your circumstances that then allows the Australian Government to make a decision to grant a visa it must otherwise refuse.

Seek legal advice

If any of these situations occur we advise you to seek legal advice immediately.

The criteria for making a successful waiver application often require there to be “compelling and / or compassionate” circumstances affecting you or an Australian permanent resident or citizen.

There are often ways to respond to what might appear to be the most difficult of situations. This involves clarifying the facts and the law for the Australian Government in a way that allows the case officer to make the decision you want. VisAustralia is expert at understanding and analysing your circumstances and preparing submissions likely to be successful.

If any of these issues affect you we invite you to contact our Australian office immediately.