Site icon TMQ Research

Migration Regulations: Item 820.211(2)(d) of Schedule 2

Sub: This is to confirm that Mr Hayat confers with the requirements of Item 820.211(2)(d) of Schedule 2 according to the Migration Regulations 1994

Sir/Madam,

It is my duty to inform you that, I have been allowed to represent my client who has applied for a subclass 820 with his sponsor Mr. Adam.  With this application you will find a duly filled form 956 attached.

Part 1: The Sch3 criteria 3001 3003 and 3004

Sch 3 criteria 3001 of Migration regulations 1994

  1. My client’s visitor visa expired on March-5th-2019. To satisfy criterion expressed in 3001 my client should have applied for a visa application within 28 days of expiration of his current visa but he did not due to compelling reasons which messed with his ability to do so.

Sch3 criteria  3003 of Migration regulations 1994

Sch3 criteria 3004 of Migration regulations 1994

Part 2: Compelling reasons for not applying the Sch 3 criteria[1]

Factors beyond his control[2]:

Length of period for which Hayat was unlawful and steps taken to resolve the status[3]:

Unable to apply for a visa from overseas[4]:

The medical condition of my client does not allow him to apply visa from overseas as he has to visit his counsellor and clinical psychologist as mentioned before, the concerned documents were attached with the application.

Under his conditions, with dead parents and missing sisters the only person to provide for him is his sponsor Mr. Adam.

Mr Hayat cannot return to Afghanistan due to his sexual preference and his involvement in working with the government. This would make him a target in his previous country.

Visa compliance[5]:

  1. My client does not have any history which tells us that there is any non compliance regarding the visa conditions. Mr Hayat satisfies the requirement due to the clause 820.6 which is required for partner visa that no visa conditions are imposed on the said visa.

Hence my client has compelling reasons as to why they did not apply for criteria 3001, 3003 and 3004. Thus, satisfying all requirements of item 820.211 2(d).


[1] PAM3:Migration regulations Schedules [Sch2Visa820] – Partner –Other unlawful non-citizens

[2] PAM3:Migration regulations Schedules [Sch2Visa820] – Partner –Other unlawful non-citizens

[3] PAM3:Migration regulations Schedules [Sch2Visa820] – Partner –Other unlawful non-citizens

[4] PAM3:Migration regulations Schedules [Sch2Visa820] – Partner –Other unlawful non-citizens

[5] PAM3:Migration regulations Schedules [Sch2Visa820] – Partner –Other unlawful non-citizens

Exit mobile version