Visa Waiver Australia – Legal Submissions for Complex Visa Cases

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Visa Waiver Australia – Legal Submissions for Complex Visa Problems

If your visa application is at risk due to health, character, or unlawful status issues, you may still have a pathway to remain in Australia — through a visa waiver or legal submission.

In many cases, applicants must provide detailed legal submissions to explain their circumstances and request that strict immigration criteria be waived. These submissions must be carefully drafted and supported by evidence to convince the Department of Home Affairs.

Whether you’re dealing with a Schedule 3 issue, a character concern (PIC 4001 or 4020), or seeking a health waiver (PIC 4007), understanding the right waiver or submission strategy is critical.

Why Legal Submissions or Waivers Are Required

In Australian immigration, certain visa applicants face strict legal or regulatory barriers — such as health concerns, character issues, or having overstayed their visa. In these situations, you may need to request a visa waiver or prepare a legal submission to support your case.

A visa waiver is not a separate visa subclass, but a formal request for the Department of Home Affairs to waive a specific requirement, such as:

  • Health requirements (e.g. PIC 4007)
  • Character requirements (e.g. PIC 4001, PIC 4020 for false or misleading information)
  • Schedule 3 criteria for unlawful applicants
  • Visa condition waivers (e.g. 8503 – No Further Stay)
  • Genuine Temporary Entrant (GTE) criteria for student visas

These waivers are not granted automatically. Instead, you must provide a compelling explanation — supported by documentation — through a legal submission.

A legal submission is a carefully drafted written argument that:

  • Outlines your personal and immigration circumstances
  • Refers to relevant laws, policies, and case law
  • Explains why the Department should make an exception in your case

Legal submissions are commonly required for:

  • Schedule 3 waiver requests
  • Health waivers (PIC 4007)
  • Character issues (PIC 4001)
  • Dealing with false or misleading information (PIC 4020)
  • Responses to s56 or s57 notices
  • Ministerial intervention applications

If your case involves any of the above, a well-prepared submission can significantly improve your chances of success.

Common Types of Visa Waivers and Legal Submissions

Want to learn more? Click each heading below to view a full guide with eligibility details, waiver strategies, and supporting document tips tailored to each visa issue.

  1. Schedule 3 Waiver – For applicants lodging a partner visa while unlawful or on a non-substantive visa.
  1. Character Waiver / PIC 4001 Submission – For applicants with past visa cancellations or criminal records, where character grounds under PIC 4001 are in question.
  1. False or Misleading Information / PIC 4020 Submission – For applicants who received a Department of Home Affairs notice concerning false or misleading information or documents provided in a visa application.
  1. Health Waiver / PIC 4007 Submission – Required when a medical condition may result in visa refusal due to significant health care costs or access to community services.
  1. s56 Request for More Information – Responding to formal requests from the Department for further documentation or clarification (Section 56).
  1. s57 Natural Justice Response – Responding to Department notices under Section 57, offering the applicant an opportunity to comment before refusal.
  1. Ministerial Intervention Submissions – For exceptional and compassionate cases seeking discretionary intervention by the Minister after all other options are exhausted.

Why Jade Immigration Lawyers

If you’re facing a visa refusal, character issue, or Schedule 3 problem, you may be feeling uncertain or overwhelmed. We’re here to help.

At Jade Immigration Lawyers, we:

  • Bring extensive experience in preparing successful legal submissions and waivers
  • Understand the latest immigration policies and how to argue your case effectively
  • Support you through every step – from submission to appeal or intervention
  • Provide professional, personalised service at a reasonable and transparent fee

📞 Need professional help you can trust?

Book a confidential consultation with us today, or send your enquiry to jade@jadeimmigrationlawyers.com.au or call us on 0485 907 989.

FAQ

Find answers to frequently asked questions about our Legal Submissions and Waivers services and processes. If you need further assistance, please contact our office today. 

While not legally required, a lawyer significantly improves your chances with structured arguments and evidence.

Can I stay in Australia while waiting for a decision?

Usually, yes — if you hold a valid bridging visa after lodging a valid application or response.

What happens if my waiver is refused?

You may face visa refusal or cancellation. You might still have rights to review or appeal, depending on the case.

Can I apply for ministerial intervention after refusal?

Yes, but only in exceptional cases and usually after all appeal rights have been exhausted.