Partner Visa Schedule 3 Waiver: Addiction and Rehabilitation

A partner visa schedule 3 waiver rehabilitation case arises when an onshore partner visa applicant does not hold a substantive visa at the time of lodgement, and addiction and recovery form part of the reasons the applicant asks the Department not to apply the Schedule 3 criteria. The addiction may be to alcohol, to drugs or to gambling. The recovery may be the applicant's own, or it may be the Australian partner's recovery, with the applicant as part of the support that keeps it on track.

This is a sensitive area, and it is often handled badly. Some couples say nothing about addiction because they are ashamed or afraid it will count against them. Others mention it in a single line and expect it to carry the whole request. A properly prepared partner visa schedule 3 waiver rehabilitation request does neither. It tells the truth, it explains why the recovery matters to the Schedule 3 question, and it proves each point with evidence from the people who actually provide the treatment.

This article explains how a partner visa schedule 3 waiver rehabilitation claim fits within the law on Schedule 3, how treatment and recovery in Australia may support compelling reasons under subparagraph 820.211(2)(d)(ii), what evidence is useful, how honesty interacts with the health and character criteria, how privacy and stigma should be managed, and what the Administrative Review Tribunal (ART) and its predecessor have said in related remittal decisions. For the wider framework, see the Schedule 3 waivers service page and the complete guide to partner visas in Australia.

What Is a Partner Visa Schedule 3 Waiver Rehabilitation Case?

A partner visa schedule 3 waiver rehabilitation case is a Subclass 820 application in which the applicant had no substantive visa at lodgement and relies, at least in part, on addiction treatment and recovery in Australia as a compelling reason for the Schedule 3 criteria not to be applied. It is not a separate visa or a separate legal test. It is a description of the facts that the compelling reasons argument is built on.

The legal test is the same in every Schedule 3 matter. What changes is the evidence. In a partner visa schedule 3 waiver rehabilitation matter, the evidence will usually include treatment provider letters, attendance records, reports from a general practitioner or specialist, a relapse prevention plan and statements from the people who support the person in recovery. It will also include a careful explanation of how the addiction connects to the applicant's immigration history, if it does.

Three situations are common:

• The applicant is in recovery. The applicant is engaged in treatment in Australia, and leaving to apply offshore would interrupt that treatment at a vulnerable point.
• The Australian partner is in recovery. The applicant is a central part of the partner's support, and the partner's recovery is likely to be harmed if the applicant must leave.
• Both partners are in recovery. The couple support each other, and separation would remove that mutual support from both of them at once.

Each situation can be relevant to a partner visa schedule 3 waiver rehabilitation request. None of them is automatically enough. The rest of this article explains why, and what makes the difference.

Why Schedule 3 Applies to Onshore Partner Applicants

Schedule 3 applies because subparagraph 820.211(2)(d)(ii) requires an onshore Subclass 820 applicant who does not hold a substantive visa at the time of application to satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied that there are compelling reasons for not applying those criteria. A substantive visa is any visa other than a bridging visa, a criminal justice visa or an enforcement visa. Holding only a bridging visa from an earlier application therefore does not avoid Schedule 3.

The Subclass 820 visa service page explains the onshore pathway, and the Schedule 3 criteria article explains the criteria in detail. In short:

• Criterion 3001 is a time limit. It is met if the application is made within 28 days after the applicant last held a substantive visa, counted in the way the Regulations require.
• Criterion 3003 deals with a narrower group of applicants and is less often the live issue in partner matters.
• Criterion 3004 has six requirements, including that the applicant became unlawful because of factors beyond their control, that there are compelling reasons to grant the visa, that the applicant substantially complied with their visa conditions, and that they would otherwise have been entitled to the visa.

Most people who lodge more than 28 days after their last substantive visa ended cannot meet criterion 3001, and many cannot meet every limb of criterion 3004. That is why the waiver in subparagraph 820.211(2)(d)(ii) matters so much. In a partner visa schedule 3 waiver rehabilitation case, the waiver is usually the only realistic route to grant.

The departmental policy, the Procedural Instructions in PAM3, notes that the Regulations do not prescribe what counts as compelling reasons. Delegates must consider circumstances case by case. The Schedule 3 partner visa waiver article explains the waiver concept itself, and the Subclass 820 partner visa guide explains where it sits in the onshore process.

Compelling reasons are assessed at the time of decision

Compelling reasons are assessed on all the applicant's circumstances known up to the time of decision. PAM3 records that the Full Federal Court in Waensila v MIBP [2016] FCAFC 32 established that the delegate must consider all of the applicant's circumstances to the extent they are known up to the time of decision, and decide whether any one or more of them provides compelling reasons not to apply the Schedule 3 criteria.

This has a direct consequence for a partner visa schedule 3 waiver rehabilitation claim. Recovery changes over time. Treatment may move from an intensive program to outpatient care. A person may relapse and re-engage. A partner may finish a program and start a maintenance phase. The request lodged with the application is only the starting point. Evidence must be updated while the application is being processed, and again if the matter reaches the Tribunal. A change of this kind should be notified properly, and the Form 1022 change of circumstances article explains when that form is used.

Can Addiction Recovery Be a Compelling Reason for a Schedule 3 Waiver?

Yes, ongoing treatment and recovery can form part of the compelling reasons for not applying the Schedule 3 criteria, but only where the evidence shows that requiring the applicant to leave Australia and apply offshore would cause real harm to a recovery that is genuinely under way. Recovery is weighed with everything else in the applicant's circumstances. It is not a category that automatically succeeds.

The policy gives useful signposts. PAM3 states that it is reasonable to expect compelling reasons to exist where circumstances beyond the applicant's control led them to become unlawful, or prevented them from becoming lawful by other means. It gives the example of an applicant who was prevented from becoming lawful for reasons beyond their control, such as severe illness or incapacity. It also notes that, where there is an Australian citizen child with a demonstrable link to the applicant, a waiver may be granted in the best interests of the child.

The same policy sets out the limits. The waiver is not intended to give an unfair advantage to people who fail to comply with visa conditions, who deliberately manipulate their circumstances to create compelling reasons, or who can leave Australia and apply offshore. As a general rule, a genuine relationship and the hardship of separation are not, by themselves, compelling reasons, because every partner application involves a genuine relationship and separation hardship is common.

A partner visa schedule 3 waiver rehabilitation request must therefore show something more than "we are together and separation would be hard". It must show why, in this particular case, the recovery makes an offshore application unreasonable. That usually comes down to three questions:

• What is the treatment? The nature, intensity and stage of the treatment, and who provides it.
• What would departure do? Whether the treatment can continue overseas, whether it would be interrupted, and what the treating professionals say about the risk of that interruption.
• Who depends on whom? Whether the applicant is the person in recovery, the support person, or both, and how that role is proved.

How the policy factors apply to recovery cases

PAM3 lists matters delegates should consider when assessing compelling reasons. They include any history of non-compliance with visa conditions, the length of time the applicant has been unlawful, why the applicant became unlawful, why the applicant did not seek to become lawful sooner, current family composition including dependent children, and what steps the applicant has taken to become lawful other than the partner application.

Each factor can interact with addiction. A person whose drinking, drug use or gambling was out of control may have missed a visa expiry date, failed to read correspondence or failed to act on advice. That history does not excuse the non-compliance. It may, however, help explain it, if it is supported by evidence and if it is presented honestly. A partner visa schedule 3 waiver rehabilitation submission should address each policy factor directly rather than hoping the delegate will not notice the weaker ones.

Treatment and Recovery in Australia as a Compelling Reason

Treatment in Australia supports a compelling reasons argument when the evidence shows that the treatment is established, effective, difficult to replace overseas, and likely to be harmed by the applicant's departure. The strength of the argument depends on the facts, not on the label of addiction.

Treating professionals often describe recovery from alcohol, drug or gambling addiction as a process that relies on stability. That can include continuity of care, a consistent treating team, regular attendance, stable housing and reliable support people. A partner visa schedule 3 waiver rehabilitation case should not make medical claims on its own authority. It should let the treating professionals explain, in their own words, what the treatment involves and what interruption would mean for this person.

Useful questions for treating professionals include:

• What is the current treatment plan, and how long is it expected to continue?
• How has the person engaged with treatment so far?
• What is the clinician's view of the risk if treatment were interrupted or the person moved overseas?
• Is equivalent treatment realistically available to the person in the country they would return to, in a language and setting they can use?
• What role does the partner, or the applicant, play in the treatment and in relapse prevention?

The answers must be the clinician's own professional opinion. My Migration Lawyers does not write evidence for treating professionals or tell them what to say. A partner visa schedule 3 waiver rehabilitation request is persuasive because the opinions are independent.

When the applicant is the person in recovery

Where the applicant is in recovery, the compelling reasons argument usually focuses on the risk that departure would disrupt treatment at a critical stage. Evidence may show that the applicant is in a structured program, that the program has a defined timetable, that the treating team has recorded progress, and that the clinician considers interruption likely to cause harm.

This argument must be handled carefully. The Department will ask whether the applicant could simply complete treatment and then apply offshore. It will ask whether equivalent treatment exists overseas. It may ask whether the treatment began only after the applicant became unlawful, and whether the timing suggests an attempt to create compelling circumstances. A partner visa schedule 3 waiver rehabilitation submission should answer those questions before they are asked, with evidence.

Where addiction contributed to the applicant becoming unlawful, the submission should explain that link honestly. PAM3 on Schedule 3 recognises that a serious illness that renders an applicant incapable of making an application may be a factor beyond their control. Whether addiction had that effect in a particular case is a question of evidence and judgement. It cannot be assumed. A submission should not overstate the position, and the evidence must support every step of the explanation.

When the Australian partner is the person in recovery

Where the Australian partner is in recovery, the argument focuses on the applicant's role in that recovery and the likely harm to the partner if the applicant must leave. This is often the more persuasive version of a partner visa schedule 3 waiver rehabilitation case, because the harm falls on an Australian citizen or permanent resident whose treatment is anchored in Australia.

The applicant's role must be specific. Evidence might show that the applicant attends family sessions, manages medication or appointments, provides transport, supervises finances where gambling is involved, maintains a safe home environment, or is named in the relapse prevention plan as a key support person. A general statement that the applicant is "supportive" adds little. A treatment provider letter that confirms the applicant's role in the plan adds a great deal.

The Department may still say that the partner can receive support from others, or that the partner could travel with the applicant. The submission should address those points with facts: who else is available, whether they are suitable, and whether travel is realistic in light of the partner's treatment, work, children and health.

When both partners are in recovery

Some couples are both in recovery and support each other. A partner visa schedule 3 waiver rehabilitation submission in this situation must present two sets of treatment evidence and explain how the couple's mutual support works in practice. It must also deal frankly with any concern that the household environment carries risk. Treating professionals' views on the relationship as a protective factor, where they hold that view, are especially important here.

Evidence for a Partner Visa Schedule 3 Waiver Rehabilitation Request

The evidence for a partner visa schedule 3 waiver rehabilitation request should prove four things: the addiction and its treatment, the progress made, the role of the applicant or partner in the recovery, and the likely harm if the applicant must leave Australia. Every document should be current, specific and from a source the Department can rely on.

The Partner visa document checklist and the Subclass 820 evidence checklist cover the core partner visa documents. The following evidence is specific to a partner visa schedule 3 waiver rehabilitation matter.

Treatment provider letters

A treatment provider letter is usually the centre of the evidence in a partner visa schedule 3 waiver rehabilitation request. It should be on letterhead, signed, dated and written by a person with professional responsibility for the treatment. It should state the person's qualifications, how long they have treated the person, the nature of the treatment, attendance and engagement, current progress, the treatment plan going forward, and the professional view on the effect of interruption or relocation.

The letter does not need to disclose every clinical detail. It should disclose what is relevant to the question the Department must decide. Where the letter refers to the applicant's or partner's support role, it should describe that role concretely.

Program attendance records

Attendance records show that the treatment is real and sustained. They may come from a residential or day program, an outpatient service, a counselling service or a structured peer support program that keeps records. Records should cover a meaningful period and should match the dates given in statements.

Gaps should be explained rather than hidden. A period of disengagement, a relapse or a change of provider is part of many recovery histories. A partner visa schedule 3 waiver rehabilitation submission that explains a gap honestly is more credible than one that leaves the delegate to discover it.

General practitioner and specialist reports

Reports from a general practitioner or specialist add medical context. They may cover diagnosis where relevant, medication, coordination of care, referrals, physical health issues connected to the addiction, and the clinician's view of the effect of separation or relocation. A report written specifically for the visa application is usually more useful than a printout of clinical notes.

Counsellor letters

Letters from counsellors and other allied health professionals can be valuable, especially where the counsellor sees the person regularly and can describe progress and the role of the partner. In general terms, these letters should explain the counsellor's role and qualifications, how often they see the person, the focus of the work and their professional view on the effect of separation. They should not be drafted for the counsellor.

Relapse prevention plans

A relapse prevention plan shows that the recovery is structured and forward looking. If the plan names the applicant or the partner as a support person, it is direct evidence of the role that the compelling reasons argument relies on. The plan should be the genuine working document used in treatment, provided with the treating professional's agreement.

Support person statements and Form 888 statements

Statements from people who know the couple help show how the recovery works day to day. Family members, friends, sponsors in a peer support program and others may describe what they have seen. Australian citizens and permanent residents who know the couple can also give Form 888 statements about the relationship, and those statements can mention the recovery where the person has direct knowledge of it. The Form 888 partner visa guide explains who can complete one, and the Form 888 examples article shows how specific evidence reads.

Every statement must be the witness's own account. My Migration Lawyers reviews statements for relevance and form, and the witness corrects and confirms them. The firm never writes evidence that a witness has not given.

The applicant's and partner's own statements

The couple's own accounts are essential. They explain the history of the addiction, how it affected the applicant's immigration status if it did, what treatment has involved, how the couple support each other and what they fear about separation. Those accounts form part of the couple's evidence alongside the one relationship statement prepared for the partner application. The partner visa relationship statement article explains how that statement works.

Honesty and Full Disclosure in Partner Visa Schedule 3 Waiver Rehabilitation Cases

Full and accurate disclosure is mandatory in every partner visa schedule 3 waiver rehabilitation case, because addiction history can be relevant to several criteria at once and any concealment can cause far greater harm than the history itself. The applicant must answer every question in the application forms truthfully and must not leave out information that the forms require.

Couples sometimes fear that disclosing addiction will damage the application. That fear is understandable. But the law is clear about the consequences of giving false or misleading information, and the Department cross-checks information across applications, medical examinations, police records and its own systems. A partner visa schedule 3 waiver rehabilitation request that relies on recovery, while the forms say nothing about the underlying history, would undermine itself.

Honesty also helps the waiver argument. A delegate who sees a candid, documented account of addiction and recovery can assess it on its merits. A delegate who finds an undisclosed history is likely to doubt everything else.

The health criteria: PIC 4007 for Subclass 820 and Subclass 801

Subclass 820 and Subclass 801 applicants must satisfy public interest criterion (PIC) 4007, the health criterion for partner visas, which includes a waiver. PIC 4005 is the health criterion used for many other visas, and it does not have the same waiver. The partner visa refusals service page explains how health issues can lead to refusal.

The immigration medical examination may ask about medical history, and the examining doctor may record conditions that are relevant. Whether any condition affects the health criterion is a matter assessed by a Medical Officer of the Commonwealth. An applicant should never omit relevant history from the medical examination. The question of whether the history affects PIC 4007, and whether a health waiver is needed, is separate from the Schedule 3 question and must be managed in parallel.

PAM3 for Subclass 801 notes that repeat medical examinations at the permanent stage are not ordinarily required, but may be requested where the delegate has reason to believe a health condition was not disclosed at the temporary stage or where there are concerns about fraud. Non-disclosure at the Subclass 820 stage can therefore resurface later. The Subclass 820 vs Subclass 801 comparison explains how the two stages connect.

Character: section 501 and PIC 4001

Where addiction has been associated with offending, the character requirements must be addressed openly. Partner visa applicants must satisfy PIC 4001, which links to the character test in section 501 of the Migration Act 1958. The Department may request police certificates and a Form 80, which asks detailed questions about criminal history. The Form 80 guide explains that form.

Character and Schedule 3 are different questions. A partner visa schedule 3 waiver rehabilitation case with a criminal history needs both a compelling reasons argument and a character strategy. Rehabilitation evidence can be relevant to both, but it must be presented carefully, because a submission that minimises offending can damage credibility on both issues. Anyone with a conviction, a pending charge or a past court order should obtain specific advice about character before lodging. Section 501 also governs visa cancellation, and the visa cancellations service page explains how the firm handles cancellation matters.

The integrity criterion: PIC 4020

PIC 4020 allows refusal where an applicant has given a bogus document or information that is false or misleading in a material particular. Withholding information about addiction, treatment or offending in answer to a direct question can engage PIC 4020. So can a treatment letter that has been altered or that overstates the treatment. Every document in a partner visa schedule 3 waiver rehabilitation request must be genuine and accurate.

Never hide anything

The rule is simple. Nothing relevant is hidden. The firm presents the client's own account and evidence in the form the law requires. It does not create facts, soften facts into something they are not, or advise a client to omit information that a form or a request requires. Where a client is unsure whether something must be disclosed, the answer is to ask before lodging, not to leave it out.

How Disruption to Treatment Is Shown in a Partner Visa Schedule 3 Waiver Rehabilitation Case

Disruption to treatment is shown by evidence that explains what treatment would be lost, why it cannot realistically be replaced overseas, and what treating professionals expect would happen if it stopped. A general claim that "treatment would be interrupted" carries little weight on its own.

The Department's starting position in a partner visa schedule 3 waiver rehabilitation case is that the applicant could leave, apply for a Subclass 309 partner visa offshore and return when it is granted. The compelling reasons argument must show why that is not a reasonable expectation in this case. Relevant points include:

• Stage of treatment. Early or intensive treatment may be more vulnerable to interruption than maintenance care.
• Continuity of care. A treating relationship built over months or years may not be easily replaced.
• Availability overseas. Whether comparable treatment exists in the applicant's country, whether the applicant can access it, and whether language, cost to the person, stigma or legal consequences would be barriers. These points must be supported by evidence, not assertion.
• Support network. Whether the applicant would have a support network overseas, or would be isolated from the people who support the recovery.
• Effect on the partner. Where the partner is in recovery, the effect on the partner's treatment and wellbeing if the applicant leaves.
• Length of separation. Offshore processing can take a long time. The Subclass 820 processing time article explains onshore timeframes, and offshore timeframes are also substantial.

Country information about treatment availability should come from reliable sources and be relevant to the person's actual circumstances. Where the treating professional has a view, the letter should state it. A partner visa schedule 3 waiver rehabilitation submission should not speculate about conditions in another country without evidence.

Is Recovery Evidence Automatically Compelling?

No, recovery evidence is never automatically compelling. It is weighed with all of the applicant's other circumstances, including the immigration history, compliance record, the reasons for unlawfulness, the length of time unlawful and family composition. A strong recovery case can still fail if the rest of the history is poor and unexplained.

This is the point many couples misunderstand. They gather treatment letters and assume the waiver will follow. But the delegate must form an overall view. The delegate may accept that the recovery is genuine and that separation would be hard, and still decide that the circumstances are not compelling enough to waive Schedule 3. A partner visa schedule 3 waiver rehabilitation request is strongest when recovery is one part of a well evidenced picture rather than the only argument.

Other factors that may sit alongside recovery include an Australian citizen child with a demonstrable link to the applicant, the partner's own serious health issues, carer responsibilities, the length and stability of the relationship, efforts made to regularise status, and circumstances beyond the applicant's control. The policy expressly identifies the best interests of an Australian citizen child as a possible basis for waiver. The Subclass 820 visa guide sets out the wider criteria.

What weakens a recovery argument

A partner visa schedule 3 waiver rehabilitation case is weakened by evidence that suggests timing, convenience or contradiction. Common problems include:

• Treatment that began only after the applicant was located by the Department, with no earlier engagement and no explanation.
• Treatment letters that are vague, unsigned, undated or written by someone without a treating role.
• Attendance records that do not match the dates given in statements.
• An application form that says nothing about a history later relied on in the submission.
• Evidence that the applicant could have regularised status earlier and chose not to.
• A support role that is claimed but not confirmed by any treating professional or independent witness.

None of these problems is necessarily fatal. Each must be identified and dealt with honestly. The why partner visas get refused article explains other common refusal reasons.

Privacy and Stigma in Partner Visa Schedule 3 Waiver Rehabilitation Evidence

Treatment records are among the most sensitive information a person can hold, and a partner visa schedule 3 waiver rehabilitation request should give the Department what is relevant and accurate without disclosing material that does not bear on the decision. This is a matter of relevance, not concealment. Anything the Department requests must be provided.

Stigma is real. Many people in recovery from alcohol, drug or gambling addiction worry about being judged. Partners worry about family members, employers or community members finding out. These concerns are legitimate, and they should be managed with care.

Practical steps that help include:

• Relevance first. A treatment letter written for the visa application, covering what matters, is usually better than full clinical notes.
• Consent. The person in recovery must consent to their information being provided. Where the partner is the person in recovery, the partner decides whether their treatment information is provided. If the partner does not consent, the argument must be reconsidered rather than made without evidence.
• Respectful language. Submissions should describe addiction and recovery in neutral, person-first terms. A person "in recovery from alcohol dependence" is described accurately and respectfully. Labels that shame the person add nothing.
• Witness care. Support people should only describe what they know directly. They do not need to disclose details of their own history unless it is relevant and they choose to.

The Department handles personal information under Commonwealth privacy law. A partner visa schedule 3 waiver rehabilitation submission is not a public document. Even so, it should contain only what is needed to make the case properly.

Respectful framing helps a partner visa schedule 3 waiver rehabilitation case

Respectful framing is not only a matter of dignity. It also helps the decision maker. A submission that presents addiction as a health and recovery issue, documented by professionals, allows the delegate to focus on the legal question. A submission that is defensive, dramatic or dismissive tends to distract from it.

ART and AAT Remittal Decisions on Compelling Reasons

The partner visa remittal decisions reviewed for this article do not include one reported specifically as an addiction or rehabilitation case. The decisions below are related compelling reasons and health or support decisions, described only by the issues reported for each case. A remittal means the matter was sent back to the Department to be decided again. It is not a grant of the visa. Decisions of the Administrative Appeals Tribunal (AAT) pre-date the ART, which replaced the AAT on 14 October 2024.

These cases show the types of issues the Tribunal has engaged with. They are not predictions for any other partner visa schedule 3 waiver rehabilitation case, because every case turns on its own facts.

• Hassan (Migration) [2021] AATA 2159 (Subclass 820). The reported issues were a court remittal, that the applicant was not the holder of a substantive visa at the time of application, that the sponsor had significant illnesses, and that compelling reasons existed. This illustrates how the Australian partner's health can sit at the centre of a Schedule 3 argument.
• Sunarwati (Migration) [2018] AATA 2844 (Subclass 820). The reported issues included the sponsor's need for ongoing treatment and the sponsor's mental health. The reported issues do not mention Schedule 3, but the case shows the Tribunal engaging with a partner's continuing treatment needs.
• Gomez Cruz (Migration) [2021] AATA 1567 (Subclass 820). The reported issues were the sponsor's and son's health conditions and that the applicant provided financial and emotional support. This is the support role that a partner visa schedule 3 waiver rehabilitation case must prove.
• Sandhu (Migration) [2018] AATA 1483 (Subclass 820). The reported issues were whether compelling reasons existed for not applying the Schedule 3 criteria, the length of the relationship, and the difficulty of relocating offshore while the application was processed.
• 1711977 (Migration) [2019] AATA 4199 (Subclass 820). The reported issues were that the applicant did not hold a substantive visa, compelling reasons and significant hardship.
• Puru (Migration) [2018] AATA 3444 (Subclass 820). The reported issues were Schedule 3 criteria, compelling reasons, previous convictions and working life. This shows that a character history and a compelling reasons argument can both be in play in the same matter.
• Li (Migration) [2020] AATA 5418 (Subclass 820). The reported issues were that the application was made more than 28 days after the last substantive visa was held, compelling reasons for not applying the criteria, and possible manipulation of visa history. It is a reminder that the decision maker will examine how the circumstances arose.

One further decision touches on gambling in a different context. In NGUYEN (Migration) [2021] AATA 2541 (Subclass 820), the reported issues were the genuine and continuing relationship, a valid marriage, the financial aspects of the relationship and the extent of the applicant's knowledge of the sponsor's history of gambling. That case concerned the relationship assessment, not Schedule 3, but it shows that a gambling history can be examined when the financial aspects of a relationship are assessed.

If a waiver is refused, the partner visa refused appeal options article and the ART review guide explain the next steps.

Structuring a Partner Visa Schedule 3 Waiver Rehabilitation Submission

A partner visa schedule 3 waiver rehabilitation submission should set out the legal test, the applicant's immigration history, the recovery facts, the evidence for each fact, the response to each policy factor, and the conclusion on why the circumstances are compelling. It should be clear, orderly and tied to the evidence at every point.

A typical structure is:

• Introduction and the request. Identify the applicant, the sponsoring partner and the request that the Schedule 3 criteria not be applied under subparagraph 820.211(2)(d)(ii).
• The legal framework. State the test briefly and accurately, including that all circumstances up to the time of decision are considered.
• Immigration history. Set out the visa history from Department records, including how and when the applicant became unlawful. My Migration Lawyers obtains this history itself from VEVO and Department and Tribunal records, rather than asking the client for documents they do not have.
• The addiction and recovery. Explain whose recovery is involved, the treatment history, current treatment and progress, all tied to the evidence.
• The support role. Explain the applicant's or partner's role in the recovery, with independent confirmation.
• Disruption if the applicant must leave. Explain what would happen to treatment and recovery, with the treating professionals' views.
• Other compelling factors. Children, other health issues, carer roles, the relationship and efforts to regularise status.
• Policy factors. Address compliance history, time unlawful, reasons for unlawfulness and reasons for not acting sooner, directly and honestly.
• Disclosure. Confirm how health and character matters have been disclosed and where they are being dealt with.
• Conclusion. Explain why, taking everything together, the circumstances are compelling.

The Subclass 820 visa article explains the application itself, and the ImmiAccount guide explains the online system used to lodge it.

Validity and timing before a partner visa schedule 3 waiver rehabilitation request is lodged

Before any partner visa schedule 3 waiver rehabilitation request is lodged, validity must be checked. A condition 8503 no further stay condition on the last visa, a section 48 bar after an earlier refusal, or immigration clearance issues can stop a valid application being made at all. The condition 8503 article explains the waiver of that condition. PAM3 on no further stay conditions lists, among examples of compelling and compassionate circumstances, being unfit to travel because of a serious medical condition and a serious medical condition of a close family member in Australia where the visa holder is needed to provide support. Those examples concern a different waiver, under regulation 2.05(4), but they show how health and support evidence is treated in a related setting.

Timing also matters for bridging visas. A person who lodges without a substantive visa will usually receive a Bridging visa C, or a Bridging visa E if a Bridging visa C is not available. The bridging visas guide, the Bridging visa A article, the Bridging visa B article and the work rights and bridging visa article explain the options. Where the applicant has come to the Department's attention, the urgent immigration advice article explains what to gather first.

Department Requests and Natural Justice in a Partner Visa Schedule 3 Waiver Rehabilitation Case

The Department may ask for more information or invite comment on adverse information before deciding a partner visa schedule 3 waiver rehabilitation case. A request for more information under section 56 should be answered fully and on time. The section 56 request article explains these requests.

If the Department has information that would be a reason for refusal, it may invite comment under section 57. In a recovery case, that information might be a police record, a medical finding, an inconsistency between forms and statements, or information suggesting the treatment is not as described. The response is often the most important document in the matter. The section 57 natural justice letter article explains how to respond.

Recovery evidence in any partner visa schedule 3 waiver rehabilitation matter should also be refreshed during processing. A partner visa schedule 3 waiver rehabilitation request lodged with letters that are many months old may no longer reflect the person's position by the time of decision. Updated letters, attendance records and statements keep the evidence current.

What Happens if a Partner Visa Schedule 3 Waiver Rehabilitation Request Is Refused?

If the Department refuses to waive Schedule 3 and refuses the Subclass 820, the associated Subclass 801 is also refused, and the applicant may be able to apply to the ART for merits review. The review deadline is short, it runs from notification of the decision, it is strictly applied and the Tribunal cannot extend it. Advice should be sought immediately after any refusal.

At the Tribunal, the compelling reasons question in a partner visa schedule 3 waiver rehabilitation matter is decided again on the evidence available at the time of the Tribunal's decision. That means updated recovery evidence can be provided, and the applicant and partner can give oral evidence. The Tribunal may also hear from support people and treating professionals. The visa refusals service page and the partner visa after refusal article explain the options, and the visa appeal lawyer article explains how representation works at review. If the Tribunal affirms the refusal, judicial review may be available only for legal error, and the judicial review service page explains that process.

Refusal of a partner visa schedule 3 waiver rehabilitation request is not always the end of the matter. The Subclass 820 refusals article explains refusal on other grounds, and the second opinion article explains how a fresh review of a refused file works.

When Relationship Problems and Recovery Overlap

Addiction can place strain on a relationship, and that strain is often visible in a partner visa schedule 3 waiver rehabilitation file. Even so, a partner visa schedule 3 waiver rehabilitation case must still prove a genuine and continuing relationship, assessed across the financial aspects, the nature of the household, the social aspects and the nature of the commitment. Recovery evidence and relationship evidence often overlap, and both must be consistent. The relationship evidence article and the genuine relationship evidence guide explain what decision makers look for.

Where gambling has affected the couple's finances in a partner visa schedule 3 waiver rehabilitation case, the financial aspects of the relationship must be presented honestly. Where there have been separations during difficult periods, they must be explained. If the relationship has ended, different rules apply, and the relationship breakdown article explains them.

Where there has been family violence in the relationship, the family violence provisions in Division 1.5 of the Migration Regulations 1994 may be relevant, and safety comes first. The family violence service page explains how those matters are handled.

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

My Migration Lawyers prepares partner visa schedule 3 waiver rehabilitation cases by establishing the immigration history first, then building the recovery evidence around the legal test, and presenting the client's own account in the form the law requires. The firm deals with complex onshore partner matters, acts in many Schedule 3 matters of this type, and is capable of handling cases where addiction, health and character issues overlap. Matters are supervised by Weiwei Zhang, Principal Lawyer.

The work on a partner visa schedule 3 waiver rehabilitation case usually follows these steps:

• Status and validity check. The firm obtains the visa history from VEVO and Department and Tribunal records, and checks for condition 8503, section 48 and other validity issues before anything is lodged.
• Schedule 3 assessment. The firm assesses criteria 3001, 3003 and 3004 and identifies whether the waiver under subparagraph 820.211(2)(d)(ii) is needed.
• Recovery fact finding. The firm takes a careful, confidential account of the addiction and recovery from the applicant and partner, and identifies whose recovery is relevant and what the support role is.
• Evidence plan. The firm identifies which treatment provider letters, attendance records, medical reports, counsellor letters, relapse prevention plans and support statements are needed, and what each must cover, without telling any professional what opinion to give.
• Disclosure strategy. The firm reviews health and character disclosure, Form 80 answers and police certificates, so that the application is complete and consistent.
• Submission. The firm prepares a written partner visa schedule 3 waiver rehabilitation submission that addresses the legal test, each policy factor and the evidence, in respectful language.
• Processing and updates. The firm responds to section 56 requests and section 57 invitations, and updates recovery evidence until the decision.
• Review if needed. If the waiver is refused, the firm advises on ART review and prepares the case for the Tribunal.

The firm's broader partner visa lawyers service covers every stage of the partner visa process. The about page explains how the firm works, and the immigration lawyer consultation article explains what happens in a first consultation. If an application has already been lodged, the article on hiring a lawyer after lodgement explains how the firm takes over a matter.

Consultations are held by video, so clients can speak privately from home. The firm acts for clients across Australia, including through its Sydney partner visa lawyers, Melbourne partner visa lawyers, Brisbane partner visa lawyers, Perth partner visa lawyers, Adelaide partner visa lawyers, Canberra partner visa lawyers, Hobart partner visa lawyers, Gold Coast partner visa lawyers and Parramatta partner visa lawyers.

If addiction and recovery are part of your circumstances and you lodged, or need to lodge, a partner visa without a substantive visa, early advice on your partner visa schedule 3 waiver rehabilitation case can make a real difference to how the evidence is gathered and presented.

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You can also call 1300 040 300.