Schedule 3 Waivers
Understanding Schedule 3 Criteria
for Onshore Partner Visas
What Are Schedule 3 Criteria for a Partner Visa?
Schedule 3 of the Migration Regulations 1994 imposes additional criteria for visa applicants who are in Australia and are unlawful non-citizens or who only hold a bridging visa at the time of application. This regulation allows certain partner visa applicants who are unlawfully in Australia to regularise their status if compelling reasons exist. It also applies to applicants holding a bridging visa.
Key Aspects of Schedule 3 Criteria:
- Criterion 3001: Requires the visa application to be lodged within 28 days after becoming unlawful or after entering Australia unlawfully.
- Criterion 3002: Similar to 3001 but extends the application period to 12 months.
- Criterion 3003 and 3004: These criteria apply if the applicant became unlawful due to factors beyond their control and there are compelling reasons for granting the visa. The Department will assess each applicant’s circumstances individually.
Compelling Reasons for Visa Grant
Compelling reasons may include compassionate factors, personal circumstances, or circumstances beyond the applicant’s control, such as serious illness. These reasons must be strong enough to warrant a waiver of Schedule 3 criteria.
What Happens If Schedule 3 Criteria Are Not Met?
Options After a Schedule 3 Partner Visa Refusal
If your visa is refused, you may have several options, including:
- Applying for a new visa onshore
- Leaving Australia to apply for a visa offshore
- Appealing the decision to the Administrative Appeals Tribunal (AAT)
- Seeking judicial review or Ministerial intervention
At Emigrate Lawyers, we provide comprehensive guides and personalized advice to help you understand your options and navigate the appeals process.
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