What Is Schedule 3 for a Partner Visa?

Who does Schedule 3 apply to for a partner visa?

Schedule 3 applies to a partner visa applicant who is in Australia and does not hold a substantive visa when the Subclass 820 application is lodged. This includes people whose visa has expired, people holding only a bridging visa after an earlier application was refused, and people who arrived in Australia without a visa. Applicants who still hold a substantive visa, such as a current visitor or student visa, are not subject to Schedule 3. Our article on a partner visa without a substantive visa explains who falls into this group.

What do the Schedule 3 criteria require?

The Schedule 3 criteria require, in broad terms, that the applicant applied within a set period after their last substantive visa ended, that their unlawful status arose from factors beyond their control, that they would be granted the visa if they applied from outside Australia, and that they have complied, or will comply, with conditions on their previous visas. Most applicants who have overstayed for some time cannot meet every criterion and need a waiver. Our article on partner visa Schedule 3 criteria sets out each criterion in turn.

What counts as compelling reasons to waive Schedule 3?

Compelling reasons to waive Schedule 3 are reasons that are forceful enough to persuade the decision maker to grant the visa despite the applicant's immigration history. Departmental policy points to factors such as an Australian child of the relationship whose interests would be harmed, serious illness or care needs in the family, and circumstances that make it unreasonable for the applicant to apply from outside Australia. A genuine relationship and the hardship of separation are generally not enough on their own. Our article on partner visa compelling reasons gives examples.

When are the compelling reasons assessed?

Compelling reasons for a Schedule 3 waiver are assessed as at the time the partner visa application was made. A child born after lodgement, or events that happen later, may therefore carry less weight than circumstances that already existed at lodgement. Timing the application with this rule in mind is one of the most important strategic decisions in a Schedule 3 case. Our guide to the Schedule 3 waiver submission explains how the evidence should be presented.

What if the partner visa is refused under Schedule 3?

A partner visa refused under Schedule 3 can usually be reviewed by the Administrative Review Tribunal, and the Tribunal looks again at whether compelling reasons existed at the time of application. Review must be sought within a short time limit that is strictly applied. An applicant who leaves Australia can instead apply for an offshore partner visa, to which Schedule 3 does not apply, although an exclusion period or debt may then be relevant. Our article on the partner visa Schedule 3 refusal compares the options.

How does My Migration Lawyers prepare a Schedule 3 partner visa case?

My Migration Lawyers prepares a Schedule 3 case before the application is lodged, because the waiver is judged on the circumstances that exist on the day of lodgement. The firm maps the client's visa history against each criterion, identifies which compelling reasons can be proved with evidence, and drafts a written submission that is lodged with the application. Couples can read about the firm's Schedule 3 waiver work and speak with our partner visa lawyers about their own timing.