Langenbach (Migration)

The Administrative Appeals Tribunal considered an application for a Partner (Temporary) (Class UK) (Subclass 820) visa made by an applicant who did not hold a substantive visa at the time of application. The central dispute concerned whether the applicant met the requirements of Schedule 3 of the Migration Regulations 1994, or if there were compelling reasons to waive these requirements.

The Tribunal was required to determine if the applicant satisfied criterion 3001 of Schedule 3, which mandates that an application be lodged within 28 days of the "relevant day," defined as the last day the applicant held a substantive visa. Furthermore, the Tribunal had to consider whether compelling reasons existed to waive the Schedule 3 criteria if they were not met. The applicant had held various student visas and a bridging visa before applying for the Partner visa, and the last substantive visa expired on 24 May 2017.

The Tribunal found that the applicant did not lodge the Partner visa application within 28 days of the last day they held a substantive visa, thus failing to meet criterion 3001. In assessing whether there were compelling reasons to waive the Schedule 3 criteria, the Tribunal referred to established case law, noting that such reasons must be sufficiently convincing and the circumstances powerful enough to justify a waiver. The Tribunal concluded that the applicant had not demonstrated compelling reasons for the waiver.

Consequently, the Tribunal affirmed the decision not to grant the applicant the Partner (Temporary) (Class UK) visa, as the applicant failed to satisfy the necessary criteria under Schedule 3 of the Migration Regulations.