My Partner Visa Was Refused Under Schedule 3. Who Can Help?

What does a Schedule 3 refusal mean for a partner visa?

A Schedule 3 refusal means the Department was not satisfied that the Subclass 820 applicant met the additional criteria for applicants who did not hold a substantive visa when they applied, and found no compelling reasons to waive them. The relationship itself may have been accepted. The refusal turns on the applicant's visa status and the reasons for it. Our article on the Schedule 3 refusal explains how these decisions are written.

Who can help with a Schedule 3 partner visa refusal?

A lawyer who works regularly on onshore partner visas and Schedule 3 waivers can help with a Schedule 3 refusal, because the outcome depends on how compelling reasons are framed and evidenced. The right lawyer should explain the Schedule 3 criteria, how departmental policy treats them, the realistic options and the risks of each. My Migration Lawyers also advises on Schedule 3 waivers before lodgement, which shapes how the firm approaches a refusal.

What counts as compelling reasons on review?

Compelling reasons on review are reasons that are strong and specific enough to justify not applying the Schedule 3 criteria. They can include the best interests of an Australian child, serious health issues that make departure unreasonable, or circumstances that prevented the applicant from holding a substantive visa. A genuine relationship and the hardship of separation are generally not enough on their own under departmental policy. Our article on compelling reasons explains what is usually considered. Each reason needs independent evidence, such as a treating doctor's report or school and custody records, rather than a statement from the couple alone. A list of general hardships without documents rarely persuades the Tribunal that the criteria should be waived.

Can the Tribunal waive Schedule 3 when the Department did not?

The Administrative Review Tribunal can waive Schedule 3 when the Department did not, because the Tribunal decides the question for itself on the evidence before it. A review allows new evidence about compelling reasons, such as medical reports, school records for children or evidence about the applicant's history. Our article on the Schedule 3 waiver submission explains how the argument is built.

Is an offshore application a better option after a Schedule 3 refusal?

An offshore Subclass 309 application can be a better option after a Schedule 3 refusal, because Schedule 3 does not apply to offshore partner visas. The applicant must generally be outside Australia when the Subclass 309 is granted. Leaving Australia has its own consequences, so the effect of departure on the review and on any future application must be checked before the applicant leaves. Our page on the Subclass 309 visa explains the offshore path.

How does My Migration Lawyers handle a Schedule 3 partner visa refusal?

My Migration Lawyers handles a Schedule 3 partner visa refusal by confirming the review deadline, reconstructing the applicant's visa history from the Department's records and testing each possible compelling reason against the evidence that can be obtained. The firm then advises whether to argue the waiver at the Tribunal, prepare an offshore application, or both in a planned order. Couples can speak with our partner visa lawyers about their situation.