Are you applying for a partner visa while onshore in Australia? If you don’t currently hold a substantive visa (for instance, if you’re on a bridging visa or don’t hold a valid visa at all), the Schedule 3 criteria may apply to you. Here’s what you need to know to get started.
What Is Schedule 3?
Schedule 3 of the Migration Regulations allows certain individuals who don’t hold a substantive visa to apply for a partner visa onshore rather than being required to leave Australia to lodge their visa application. This option is particularly important for those who may have become unlawful or overstayed their visa due to circumstances beyond their control.
However, Schedule 3 is complex, and meeting its requirements can be critical to the success of your application. Understanding these nuances can make a significant difference in your case.
Key Criteria
If you’re in Australia and don’t have a substantive visa, you might need to meet additional criteria to be granted a partner visa, which include:
- Criterion 3001: You must apply for the partner visa within 28 days of your last substantive visa’s expiry. If you miss this window, you will need to explore waiving the Schedule 3 requirements.
- Criterion 3003: If you entered unlawfully, you would need to demonstrate that this occurred due to factors beyond your control. This means showing evidence that circumstances outside of your influence led to your unlawful status.
- Criterion 3004: If you haven’t been granted a substantive visa since entering unlawfully, you’ll need to provide compelling reasons for why you have remained in Australia. This could involve showing your efforts to regularise your status or detailing circumstances that prevented you from leaving.
Schedule 3 Waivers
If meeting these criteria proves challenging, don’t lose hope – you may still have options. In certain situations, demonstrating “compelling reasons” can lead to a waiver of one or more Schedule 3 criteria. For instance, if your Australian partner would face significant hardship or emotional distress if you were forced to apply from outside Australia, this could strengthen your case.
Examples of compelling reasons may include:
- The presence of children from the relationship who would suffer without your support.
- Serious health issues affecting you or your Australian partner that would complicate a move abroad.
- Situations of domestic violence or trauma that make leaving Australia particularly distressing.
It is important to show evidence of genuine reasons that set your case apart, as factors like hardship due to temporary separation are often not enough on their own.
Why Timing Matters
Submitting your application at the right time, ideally while on a valid visa, can save you a lot of trouble. Schedule 3 requirements can be complex and challenging to navigate, especially as each case is unique and assessed individually. Schedule 3 waiver applications often have a longer processing time as well. For those who cannot meet the usual Schedule 3 criteria, preparing a strong case that demonstrates compelling reasons is important.
Our Approach
Our team has extensive experience helping clients meet Schedule 3 requirements and prepare for waiver requests. We can assist in gathering supporting documents, presenting a clear picture of your circumstances, and ensuring your case is ready for assessment.
Questions? Schedule an appointment with us today to discuss your partner visa options and how Schedule 3 could impact your case.
