Partner Visa Schedule 3 Waiver When Your Partner Needs Care

A partner visa schedule 3 waiver care case is an onshore Subclass 820 application where the applicant did not hold a substantive visa when they lodged, and the main reason the visa should still be granted is that their Australian partner, or another close family member in Australia, needs care that the applicant provides. Illness, disability, injury, mental health conditions and age can all create that need. When the evidence is strong, a partner visa schedule 3 waiver care argument can be one of the most persuasive compelling reasons claims in the partner visa caseload.

It is also one of the most misunderstood. Many couples assume that if the sponsoring partner is sick, the Schedule 3 problem will simply disappear. It does not. The Department of Home Affairs weighs care needs alongside everything else in the applicant's history, including how long they were unlawful, why they did not regularise their status sooner, and whether they could reasonably leave and apply from outside Australia. A partner visa schedule 3 waiver care claim succeeds or fails on evidence, not on the label.

This article explains how a partner visa schedule 3 waiver care case works under the Migration Act 1958 and the Migration Regulations 1994. It covers the legal test in clause 820.211(2)(d)(ii), why the time of decision matters, why departure to lodge offshore can cause genuine harm, the evidence that carries weight, the common weaknesses, and what Tribunal decisions show. For the wider picture of the onshore and offshore pathways, see the complete guide to partner visas in Australia. For the general rules on waivers, read the Schedule 3 partner visa waiver guide.

What Is a Partner Visa Schedule 3 Waiver Care Case?

A partner visa schedule 3 waiver care case is a request that the Department, or the Tribunal on review, decide not to apply Schedule 3 criteria 3001, 3003 and 3004 because a person in Australia depends on the applicant for care. The person needing care is usually the Australian partner. Sometimes it is another close family member, such as a parent of the sponsor or a child with a disability, where the applicant has taken on a real caring role.

The waiver is not a separate visa and there is no separate form. It is an argument made within the Subclass 820 application itself, supported by evidence and a written submission. The Subclass 820 visa overview and the comparison of Subclass 820 and Subclass 801 explain how the two stage application works. The decision maker considers it when deciding whether the applicant meets the time of application criteria in clause 820.211.

A partner visa schedule 3 waiver care claim has three parts that must fit together:

• The care need. A real and current medical, functional or age related need, documented by treating professionals.
• The applicant's role. Evidence that the applicant actually provides the care, in practical and specific ways, and is not simply present in the household.
• The consequence of departure. Evidence of what would happen to the person needing care if the applicant had to leave Australia to apply offshore, and why that consequence is serious.

If any one of those three parts is missing, the partner visa schedule 3 waiver care argument is weakened. A diagnosis without a caring role is a medical fact, not a compelling reason for this applicant. A caring role without a documented need looks like ordinary family life. And both together still need to show why leaving to apply offshore would cause harm that goes beyond the separation every partner applicant faces.

This article deals only with care. Other single factors, such as an Australian citizen child, a pregnancy, the length of the relationship or rehabilitation, are covered in separate articles in the Schedule 3 criteria series. In practice, many applicants have more than one factor, and the decision maker must consider them together.

How Schedule 3 Applies to Onshore Partner Visa Applicants

Schedule 3 applies to an onshore partner visa applicant who did not hold a substantive visa when the Subclass 820 and Subclass 801 application was lodged. Subparagraph 820.211(2)(d)(ii) of Schedule 2 provides that such an applicant must satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied that there are compelling reasons for not applying those criteria.

That is the legal foundation of every partner visa schedule 3 waiver care case. If the applicant cannot meet the criteria themselves, the only route to grant is the compelling reasons waiver.

Criterion 3001: the 28 day rule

Criterion 3001 requires the application to be made within 28 days after the relevant day. For most applicants, the relevant day is the last day they held a substantive visa. Departmental policy explains that the first of the 28 days is the day after the visa ended, and the application must be lodged by midnight on the 28th day, with an extension to the next business day if the 28th day is a weekend or a public or bank holiday in a place where the application could have been made.

Many applicants in this position first came to Australia on a visitor or student visa, and the tourist visa to partner visa article explains the onshore options while a visa is still held. An applicant who lodged outside that window cannot satisfy criterion 3001. Their partner visa schedule 3 waiver care argument must then carry the whole case. The Schedule 3 criteria article explains how the days are counted.

Criteria 3003 and 3004: beyond control and compelling reasons

Criterion 3004 applies to a person who ceased to hold a substantive visa, or who entered Australia unlawfully, on or after 1 September 1994. Criterion 3003 is its companion for older cases. Each contains six requirements, in paragraphs (c) to (h), and all six must be met. They include that:

• the applicant became a person without a substantive visa because of factors beyond their control;
• there are compelling reasons for granting the visa;
• the applicant substantially complied with the conditions of their last visa, including any later bridging visa;
• the applicant would have been entitled to the visa if they had applied immediately before becoming unlawful;
• the applicant intends to comply with the conditions of the visa to be granted.

The "beyond control" element is about causation. Departmental policy says it is not enough that factors beyond the applicant's control existed. Those factors must have caused the applicant to become unlawful. Policy gives the example of a serious accident or illness that renders the applicant incapable of making an application.

This matters for a partner visa schedule 3 waiver care case in two ways. First, where a caring crisis is the reason the applicant missed their visa expiry date, that history may support both the beyond control element and the compelling reasons element. Second, where the care need arose later, it cannot explain why the applicant became unlawful, and the case will usually depend on the waiver in clause 820.211(2)(d)(ii) rather than on meeting criterion 3004.

Why the waiver matters most

For most applicants who lodged well after their last visa ended, the practical question is not whether they meet criteria 3001, 3003 and 3004. They usually do not. The question is whether the decision maker is satisfied there are compelling reasons for not applying those criteria at all. That is where a well prepared partner visa schedule 3 waiver care submission does its work. The firm's Schedule 3 waiver service explains how these matters are run. A separate barrier, condition 8503, can stop a valid application being made at all, and is explained in the Subclass 820 and condition 8503 article.

Can Caring for a Sick or Disabled Partner Be a Compelling Reason?

Yes. Caring for a seriously ill, injured, disabled or elderly partner or family member can be a compelling reason for not applying Schedule 3, but it is not automatic. The decision maker must consider all of the applicant's circumstances and decide whether any one or more of them, alone or together, are compelling.

"Compelling" is not defined in the legislation. Departmental policy on Schedule 3 says it takes its ordinary dictionary meaning of "brought about by moral necessity". The same policy states that compelling reasons may stem from compassionate factors, and may arise from the applicant's circumstances or the circumstances of another person. That second point is the legal opening for every partner visa schedule 3 waiver care claim. The person whose circumstances are compelling does not have to be the applicant. It can be the partner who needs care.

Policy also directs decision makers to consider the likely consequences of not granting the visa. In a partner visa schedule 3 waiver care case, that consequence is concrete: the applicant leaves, and the person who depends on them loses their carer.

Compelling reasons are assessed at the time of decision

Compelling reasons are assessed on the circumstances known up to the time of decision, not frozen at the date of application. The Full Federal Court in Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32 held that, in considering subparagraph 820.211(2)(d)(ii), the decision maker must consider all of the applicant's circumstances known up to the time of decision and form a view on whether any one or more of them are compelling.

Departmental policy adopts this directly. It says circumstances constituting compelling reasons can arise at any time up until the time of decision, and that delegates must have regard to submissions about compelling reasons that arose after the application was lodged.

For a partner visa schedule 3 waiver care case, this has three practical consequences:

• A care need that arose after lodgement still counts. If the sponsoring partner was diagnosed with a serious illness a year after the application was lodged, that diagnosis is part of the case.
• The evidence must be current. A specialist report from two years ago does not show what the care need is now. The decision maker needs to know the position at the date of decision.
• Changes must be reported. If the partner's condition improves, worsens or changes, the Department should be told. A partner visa schedule 3 waiver care claim that rests on stale evidence can fail even where the underlying need is real.

Applicants who lodged some time ago, and whose circumstances have since changed, should consider updating their submission. The article on hiring a lawyer after lodgement explains how a lawyer can step into an existing application, the second opinion guide explains what a review of an existing file involves, and the guide to changing immigration lawyer covers moving a matter that is already under way.

What Department policy says about relationship and separation hardship

Department policy states that, as a general rule, the existence of a genuine relationship and the hardship of separation if the applicant were forced to apply outside Australia are not compelling reasons to avoid applying the Schedule 3 criteria. The reason given is that a genuine relationship forms the basis of every partner visa application, and separation hardship is common across the caseload.

This is the single most important point for anyone preparing a partner visa schedule 3 waiver care claim. If the submission reads as "we love each other and it would be hard to be apart", it is asking for something the policy says is generally not enough. The care case must show a different kind of harm. It is not the emotional cost of separation for a couple. It is the practical and medical consequence for a person who cannot manage without the care the applicant provides.

The same policy section lists matters delegates should consider, including:

• any history of non-compliance with visa conditions;
• the length of time the applicant has been an unlawful non-citizen;
• the reasons the applicant became unlawful;
• the reasons the applicant did not seek to become lawful sooner;
• current family composition, including any dependent children;
• any steps the applicant has taken to become lawful, other than applying for the Subclass 820 and Subclass 801.

Policy also says the waiver is not intended to give an advantage to people who fail to comply with their visa conditions, who deliberately manipulate their circumstances to create compelling reasons, or who can leave Australia and apply offshore. And it gives an example of a case where compelling reasons may not exist: an applicant who has been unlawful for years, made little effort to become lawful, and relies only on a long relationship and separation hardship.

A partner visa schedule 3 waiver care claim must therefore deal honestly with the applicant's own history. A strong care need does not erase a long period of unlawfulness. It is weighed against it. The firm's guide to the Subclass 820 partner visa and the onshore partner visa requirements guide set out the other criteria that still have to be met.

Policy does give one express example where the waiver can apply: where the applicant was prevented from becoming lawful for reasons beyond their control, such as severe illness or incapacity. Where it is the applicant's partner whose illness consumed the household and led to the missed deadline, that history should be explained carefully and with evidence. It is not the same as the policy example, but it may be relevant to why the applicant did not act sooner.

Why Departure to Apply Offshore Can Cause Real Harm in a Partner Visa Schedule 3 Waiver Care Case

Departure can cause real harm in a partner visa schedule 3 waiver care case because the person who needs care would lose their carer for the whole period the applicant is outside Australia, and that period is long and uncertain. The Department's policy intends that the waiver should not be applied where it is reasonable to expect the applicant to leave and apply offshore. The care evidence must show why that expectation is not reasonable in this case.

The offshore alternative and why it matters

The alternative to an onshore grant is usually an offshore application for a Subclass 309 visa. That visa must generally be granted while the applicant is outside Australia. The applicant would need to leave, lodge, and wait offshore until a decision is made.

Processing times for offshore partner visas vary and are not guaranteed. The Department publishes current processing information, and it changes. For a partner visa schedule 3 waiver care case, the length of the wait is not a side issue. It is the period during which the person needing care would be without their carer. The submission should describe that period realistically, without inventing figures, and explain what would happen during it. The articles on Subclass 820 processing time and how long the onshore partner visa takes explain how processing works onshore.

What harm looks like in practice

In a partner visa schedule 3 waiver care case, the harm that matters is specific and practical. It is not enough to say the partner "would struggle". Decision makers respond to concrete consequences, such as:

• the partner cannot take their medication safely without supervision;
• the partner cannot shower, dress or move between rooms without physical help;
• the partner needs someone to drive them to frequent treatment appointments;
• the partner has a history of crisis episodes that the applicant recognises and manages;
• the partner cannot be left alone overnight because of a fall risk or seizure risk;
• the partner's treating team relies on the applicant to report changes and follow care instructions;
• the partner would need to move into residential care, or lose their home or employment, if the applicant left.

Each of these should be supported by a treating professional where possible. A partner visa schedule 3 waiver care submission that lists practical consequences, each backed by evidence, is far stronger than one that relies on general statements of hardship.

Why "they could travel together" is often not an answer

Decision makers sometimes ask whether the Australian partner could travel with the applicant while the offshore application is processed. In a partner visa schedule 3 waiver care case, the answer is often no, and the evidence should explain why. The partner may be unable to fly. Their treatment may be available only in Australia, or only through their existing treating team. They may depend on Australian support arrangements that cannot follow them overseas. They may be too unwell to live in another country for an extended period.

Where a treating doctor can say that relocation or long distance travel would be medically inadvisable, that evidence goes directly to the question policy asks. The preparing evidence guide explains how supporting documents are organised.

Bridging visas and the travel problem

A partner visa schedule 3 waiver care applicant usually holds a Bridging visa C or a Bridging visa E, because they did not hold a substantive visa when they lodged. Neither allows travel. A Bridging visa B can only be granted to a person who holds a Bridging visa A or a Bridging visa B. If the applicant leaves Australia, their bridging visa ceases on departure. The bridging visas overview, the Bridging visa A guide and the Bridging visa B guide explain these rules.

That means the applicant cannot leave briefly to deal with a family matter and then return to resume caring. Any departure is a full departure. For a partner visa schedule 3 waiver care case, this reinforces the point that leaving to apply offshore is not a short interruption. It may also affect work rights, which are explained in the article on Subclass 820 work rights and bridging visas.

Which Care Situations Can Support a Partner Visa Schedule 3 Waiver Care Claim?

A partner visa schedule 3 waiver care claim can rest on any serious and ongoing care need in Australia that the applicant genuinely meets. The cause of the need matters less than its seriousness, its permanence or duration, and the applicant's real role in meeting it. The following situations arise most often.

Serious physical illness

Cancer treatment, kidney failure requiring dialysis, heart disease, stroke recovery, multiple sclerosis, Parkinson's disease and other serious conditions can create intensive care needs. Treatment often involves frequent appointments, side effects that limit daily function, and periods of acute vulnerability. In a partner visa schedule 3 waiver care case based on physical illness, the treating specialist's description of the prognosis and the expected course of treatment is central.

Disability

A permanent physical, intellectual or sensory disability can create a long term care need. Where the Australian partner has a disability, the evidence should describe the functional impact in practical terms: what the person can and cannot do without help, and what the applicant does. A diagnosis name alone tells the decision maker very little.

Injury and recovery

A serious injury from an accident, a workplace incident or surgery can create a care need that is intense for a period and then reduces. A partner visa schedule 3 waiver care claim based on injury must be honest about the expected recovery. If the need is likely to end within a short time, the decision maker may conclude that the applicant could leave once recovery is complete. If recovery is uncertain or the injury has lasting effects, the treating evidence should say so.

Mental health conditions

Serious mental health conditions can create real care needs, including supervision, medication management, crisis support and help maintaining daily routines. These cases require particular care with privacy and dignity, which is discussed below. Evidence from a treating psychiatrist or psychologist, and from the general practitioner managing the overall plan, carries the most weight. Tribunal decisions on sponsor mental health are discussed later in this article.

Age and frailty

An older Australian partner may need help with mobility, personal care, medication and appointments. Age related frailty, cognitive decline and the risk of falls can all support a partner visa schedule 3 waiver care argument. Where the partner has been assessed for aged care services, those assessment documents can be very useful.

Care for another close family member

The person needing care does not have to be the sponsoring partner. A partner visa schedule 3 waiver care case can rest on care for the sponsor's elderly parent, a child of the relationship with a disability, or a stepchild with high support needs, where the applicant is the person meeting that need. The evidence must explain the family structure clearly and show why the applicant, rather than another relative, provides the care. Where children are involved, the best interests of the child are a separate and important factor, covered in the article on compelling reasons and children. Same sex couples are assessed on the same basis, as the LGBTI partner visa page explains, and married and de facto couples can both rely on care needs.

Combined factors

Many applicants have a care need alongside other circumstances, such as a long relationship, a child, or a history that explains why they became unlawful. The decision maker must consider all circumstances cumulatively. A partner visa schedule 3 waiver care argument is often strongest when it sits within a complete and honest account of the applicant's situation, rather than standing alone.

Partner Visa Schedule 3 Waiver Care Evidence: What to Gather

The partner visa schedule 3 waiver care evidence that carries the most weight comes from independent professionals who treat or assess the person needing care, supported by detailed statements from people who see the care being provided. The evidence should answer three questions: what is the care need, who meets it, and what would happen if the applicant left.

Treating doctor and specialist reports

A report from the treating general practitioner and from each relevant specialist is the foundation of any partner visa schedule 3 waiver care application. A useful report usually covers:

• the diagnosis or diagnoses, and when they were made;
• the current treatment and the expected course of the condition;
• the functional impact on daily life;
• the specific care tasks the person needs help with;
• the doctor's knowledge of who provides that care, and how they know;
• the likely effect on the patient if their carer were absent for an extended period;
• any medical reason the patient could not relocate or travel overseas.

The report should be on letterhead, signed and dated, and recent. Generic letters that say only "this patient has a serious condition and needs support" are of limited value. The doctor does not need to give an opinion on the visa. They need to describe the medical reality accurately.

Care plans and treatment records

Care plans prepared by a general practitioner, a hospital discharge team or an allied health professional describe the care needed in practical terms. Hospital discharge summaries, medication lists, appointment schedules and therapy plans also show the scale of the care need over time. In a partner visa schedule 3 waiver care case, these documents corroborate what the applicant says about their role.

Support plan and aged care assessment documents

Where the person needing care is a participant in the National Disability Insurance Scheme, their plan documents and any assessments describe their support needs and how they are funded. Where the person has been assessed through My Aged Care, the assessment outcome and any approved services may be relevant. Only include documents that exist and that the person is comfortable providing. These records can be powerful partner visa schedule 3 waiver care evidence because they come from an independent assessment process.

These documents can also raise a question the submission should address. If formal supports are in place, the decision maker may ask whether those supports could replace the applicant. The evidence should explain what formal services cover, what they do not cover, and what gaps the applicant fills, such as overnight supervision, weekends, or care that the person will only accept from a family member.

Evidence that the applicant is the actual carer

This is where many partner visa schedule 3 waiver care claims fall short. It is not enough that the applicant lives with the person who needs care. The evidence must show the applicant does the caring. Useful evidence includes:

• appointment records or letters that name the applicant as the person who attends with the patient;
• notes from the treating team recording that the applicant reports symptoms or manages medication;
• pharmacy records or care logs kept by the applicant;
• emails or messages with care providers arranging services;
• any carer registration or recognition the applicant has, where available;
• a detailed account of a typical day and week of care.

The applicant's own statement should describe the care in practical, specific terms. It is the applicant's evidence, and it must be accurate and in their own words. A lawyer can help organise and present it, but it must reflect what actually happens. Where a representative is appointed, the Form 956 and 956A article explains how the Department communicates with them.

Absence of alternative carers

A partner visa schedule 3 waiver care case must explain why no one else can provide the care. Decision makers will ask whether there are adult children, siblings, other relatives or paid services that could step in. The evidence should address each realistic alternative honestly. Relevant matters include:

• whether other family members live nearby, interstate or overseas;
• their own health, work and caring responsibilities;
• whether the person needing care has a strained or broken relationship with other relatives;
• whether paid care is available in the area, and what it would and would not cover;
• whether the person needing care has refused or cannot tolerate care from strangers, supported by medical evidence where possible.

Statements from the other family members, explaining why they cannot provide the care, can be valuable.

Evidence of the impact of separation

The submission must show what would actually happen if the applicant left. In a partner visa schedule 3 waiver care case, the treating doctor's opinion on the likely effect of the carer's absence is the most important evidence on this point. It may also help to show the effect on the partner's employment, housing and income, and any risk of hospital admission or residential care.

Form 888 statements from people who see the care

Form 888 statements from Australian citizens or permanent residents who know the couple can support both the relationship and the care. In a partner visa schedule 3 waiver care case, the most useful Form 888 statements come from people who have seen the care being given: neighbours, friends, community members, or relatives who visit regularly. They should describe what they have personally observed, with specific examples. The Form 888 examples guide shows how detailed, first hand statements read.

Statements from the person receiving care

Where they are able to, a statement from the Australian partner, describing their needs and the care they receive, can be persuasive. It should be in their own words. Where the partner cannot give a statement because of their condition, the treating evidence should explain why.

The relationship evidence still matters

A partner visa schedule 3 waiver care claim does not replace the relationship requirements. The decision maker must still be satisfied that the relationship is genuine and continuing, assessed across the financial aspects, the nature of the household, the social aspects and the nature of the commitment. The relationship statement guide, the relationship evidence guide and the Subclass 820 evidence checklist explain what that involves. Care evidence often strengthens the nature of the commitment, because it shows the practical reality of a shared life.

The partner visa document checklist covers the core documents for the application as a whole.

Common Weaknesses in Partner Visa Schedule 3 Waiver Care Claims

Most partner visa schedule 3 waiver care claims that fail do so for predictable reasons: the evidence is too general, too old, or does not show the applicant's role, or the submission ignores the applicant's immigration history. Each of these can usually be addressed if it is identified early.

Generic medical letters

A one paragraph letter confirming a diagnosis does not explain the care need, the applicant's role or the consequence of departure. Decision makers need detail. A partner visa schedule 3 waiver care submission should be built on reports that describe function, care tasks and likely impact.

Evidence that is out of date

Because compelling reasons are assessed at the time of decision, old evidence can undermine the case. If the treating report is two years old and the partner's condition has changed, the decision maker may not accept that the need still exists. Evidence should be refreshed before the decision, and again before any Tribunal hearing.

No proof the applicant is the carer

A partner visa schedule 3 waiver care case that proves the illness but not the caring role leaves a gap. The decision maker may accept the partner is unwell and still find that the applicant's departure would not cause the claimed harm.

Ignoring the immigration history

Policy directs decision makers to consider how long the applicant was unlawful, why, and what they did to regularise their status. A submission that focuses only on care, and says nothing about a long period without a visa, invites an adverse finding. A partner visa schedule 3 waiver care submission should address the history directly and honestly, and explain any connection between the care need and the delay.

Overstating the case

Exaggeration damages credibility. If the evidence describes a partner who cannot function without constant care, but other evidence shows the partner working full time and travelling, the decision maker will notice. Every statement must be accurate. Accuracy is also a legal requirement. Public interest criterion 4020 allows refusal where false or misleading information is given.

Failing to respond to the Department

Many partner visa schedule 3 waiver care cases are refused after the Department asks for more information and the response is incomplete or late. A section 56 request for more information or a section 57 natural justice letter is often the last chance to put the care evidence in its best form before a decision.

Not reporting changes

Section 104 of the Act requires applicants to notify the Department of changes in circumstances that make an answer on the application incorrect. In a partner visa schedule 3 waiver care case, changes in the partner's health or living arrangements should also be put before the decision maker because they are relevant to compelling reasons. The Form 1022 change of circumstances guide explains how notification works. Other requests, such as the Form 80 personal particulars form, also have deadlines that should not be missed while the applicant is busy caring.

What Tribunal Decisions Show About Care and Compelling Reasons

Tribunal decisions show that care needs and family health issues have been examined closely in compelling reasons cases, and that the outcome turned on the evidence in each matter. In each decision below, the Tribunal set aside the refusal and remitted the matter, which means it sent the application back to the Department to reconsider. A remittal is not a grant of the visa.

These decisions were made by the Administrative Appeals Tribunal, before the Administrative Review Tribunal replaced it on 14 October 2024. The issues listed are the issues each decision was reported on:

• Hassan (Migration) [2021] AATA 2159: a court remittal in which the applicant was not the holder of a substantive visa at the time of application, the sponsor had significant illnesses, and compelling reasons were found to exist.
• Verma (Migration) [2020] AATA 4542: no substantive visa at the time of application, compelling reasons to waive the Schedule 3 criteria, and family health issues and bereavement.
• 1711977 (Migration) [2019] AATA 4199: the applicant did not hold a substantive visa, compelling reasons were considered, and significant hardship was in issue.
• Thota (Migration) [2020] AATA 4222: Schedule 3 criteria, an application lodged outside the relevant timeframe, compelling reasons for waiver, and oral evidence from the sponsor's son and daughter-in-law.
• D'Angeli (Migration) [2019] AATA 3676: compelling reasons to waive the Schedule 3 criteria, the question of whether the relationship was entered for the purpose of gaining a migration outcome, and the impact of separation on the Australian spouse.
• Gomez Cruz (Migration) [2021] AATA 1567: a Subclass 820 matter reported on the health conditions of the sponsor and the sponsor's son, and the financial and emotional support the applicant provides.
• Sunarwati (Migration) [2018] AATA 2844: a Subclass 820 matter reported on the sponsor's need for ongoing treatment and the sponsor's mental health.

Three lessons can be drawn without overstating what these decisions establish. First, a sponsor's illness and the applicant's support have been treated as relevant matters in Subclass 820 cases. Second, oral evidence from family members, as reported in Thota, can be part of how a partner visa schedule 3 waiver care case is put to the Tribunal. Third, the impact of separation on the Australian spouse, as reported in D'Angeli, is a matter the Tribunal may examine.

These decisions do not mean any particular illness or care arrangement will be accepted as compelling in a later case. The Department's policy remains that a relationship and separation hardship alone are generally not enough. Each partner visa schedule 3 waiver care case is decided on its own evidence. The ART review guide explains how review hearings run.

Privacy and Dignity in a Partner Visa Schedule 3 Waiver Care Case

A partner visa schedule 3 waiver care case requires the couple to put sensitive health information before the Department, and the person whose health is described is entitled to have that done with care and respect. Privacy and dignity are not obstacles to the case. Handled properly, they make the evidence more credible.

Several principles apply:

• Consent. The person whose health is described should understand what will be provided and why, and agree to it. Where they lack capacity, the evidence should explain who makes decisions for them.
• Relevance. Only information that bears on the care need, the applicant's role and the consequence of departure should be included. A full medical history is rarely necessary.
• Respectful language. The person needing care should be described as a person with needs, not as a burden. Submissions that describe a partner in demeaning terms are unnecessary and can read poorly.
• Accuracy. Nothing should be overstated to make the case seem stronger.

Information given to the Department is protected by privacy law and departmental handling rules. A partner visa schedule 3 waiver care submission should still be prepared on the basis that the decision maker, and possibly the Tribunal, will read it closely.

What Happens If a Partner Visa Schedule 3 Waiver Care Application Is Refused?

If the Department refuses a partner visa schedule 3 waiver care application, the applicant can usually apply to the Administrative Review Tribunal for merits review. The deadline is short and strictly applied. It runs from notification of the decision, and the Tribunal cannot extend it. The refusal letter states the deadline, and it should be read the day it arrives.

The Tribunal reconsiders the case on the evidence before it at the time of its decision. That means updated partner visa schedule 3 waiver care evidence, including new medical reports and further Form 888 statements, can be put before the Tribunal. The applicant must be in Australia when the review application is made. The bridging visa usually continues while the review is pending.

The partner visa refusals page, the visa refusals service page, the partner visa refusal appeal options article and the visa appeal lawyer guide explain the review process. Common refusal reasons are discussed in why partner visas get refused and in the Subclass 820 refusal reasons article. Where the Tribunal affirms a refusal and there is an arguable legal error, judicial review may be considered. Applicants who have had a previous refusal should also read about applying for a partner visa after a visa refusal.

If the relationship ends while the application is pending, the position changes. The Subclass 820 relationship breakdown article and the family violence provisions page explain the options.

How My Migration Lawyers Helps With a Partner Visa Schedule 3 Waiver Care Case

My Migration Lawyers prepares each partner visa schedule 3 waiver care case around one question: what would happen to the person who needs care if the applicant had to leave Australia? Every step in the firm's process is designed to answer that question with evidence the decision maker can rely on.

In practice, the firm's work on a partner visa schedule 3 waiver care matter follows these steps:

• Confirm the immigration history. My Migration Lawyers obtains the applicant's visa history itself, through VEVO and Department records, and identifies when the last substantive visa ended, whether criterion 3001 can be met and how long the applicant has been without a visa.
• Map the care need. The firm takes detailed instructions about the care the applicant provides, the condition behind it, the treating team and the formal supports in place.
• Brief the treating professionals. The firm prepares targeted requests to the treating doctor and specialists, asking them to address the matters that are legally relevant, so that their reports describe function, care tasks and the likely effect of the carer's absence.
• Address alternative carers. The firm identifies every realistic alternative the decision maker may raise and gathers evidence on each.
• Prepare statements. The applicant, the partner where possible and the Form 888 witnesses give their own accounts. The firm helps organise those accounts so they are clear and complete, and each person reviews and corrects their statement before it is signed.
• Write the submission. The lawyer decides which matters are advanced and how they are framed, and prepares a written submission that applies clause 820.211(2)(d)(ii), the Waensila principle and departmental policy to the evidence, and deals openly with the applicant's history.
• Keep the evidence current. Because compelling reasons are assessed at the time of decision, the firm updates the evidence as the partner's condition changes and responds to any section 56 request or section 57 letter.
• Act on refusal. If the Department refuses, the firm identifies the review deadline immediately and prepares the case for the Tribunal.

My Migration Lawyers deals with complex Schedule 3 matters and acts in many partner visa schedule 3 waiver care cases, including cases involving serious illness, disability, mental health conditions and aged care needs. The firm is equipped to handle them. Matters are supervised by Weiwei Zhang, Principal Lawyer. No outcome can be promised in any migration matter, but a carefully prepared partner visa schedule 3 waiver care application gives the decision maker everything needed to assess the claim properly.

The firm acts for clients across Australia, including through its partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, the Gold Coast, Canberra, Hobart and Parramatta. Consultations are held by video, which matters for carers who cannot easily leave home. You can learn more about My Migration Lawyers and its partner visa lawyers, or read what to expect from a consultation.

Clients can also read about the firm's immigration lawyers in Sydney and Melbourne, the role of a partner visa lawyer, and the differences between using a lawyer and applying yourself. Where a refusal or compliance issue needs immediate attention, the urgent advice guide explains what to gather first.

If you lodged without a substantive visa and you care for your partner or another family member in Australia, speak to a lawyer before the Department decides your application.

Book a consultation with My Migration Lawyers to have your partner visa schedule 3 waiver care case assessed. You can also call 1300 040 300.