What is Schedule 3 for Partner Visa?
When applying for an Onshore Partner Visa (Subclass 820/801) in Australia, most applicants hold a valid substantive visa. However, for those who are unlawful non-citizens or bridging visa holders, there will be an additional issue due to the Schedule 3 criteria that may affect the visa application.
What is Schedule 3 for a Partner Visa?
Schedule 3 is a set of additional requirements imposed on individuals who:
Do not hold a substantive visa and become an unlawful non-citizen.
Entered Australia unlawfully without a visa.
Currently holding a bridging visa after overstaying or their substantive visa has been cancelled.
Schedule 3 will apply to individuals who apply for an onshore Partner visa after becoming unlawful or while holding a bridging visa. If these criteria are not met or waived, the visa application could be refused.
Can I Waive Schedule 3 Criteria for my Partner Visa?
If you apply for a partner visa when you are unlawful or not holding a substantive visa, the applicant must provide compelling reasons to waive Schedule 3. Otherwise, your visa may be refused.
Applicants must demonstrate compelling reasons, such as factors beyond their control or an ongoing and genuine relationship compelling reason to remain in Australia. Discuss with an Accredited Specialist in Immigration Law your circumstances for a compelling reason to waive Schedule 3 for your partner visa.
Related
Section 48 Applicants and Partner Visa: Restrictions for Subclass 820/801
Can You Work While Waiting for Your Partner Visa? A Guide to Bridging Visas
How Can Agape Henry Crux Assist
Schedule 3 does add a layer of complexity to the already significant Partner visa process for individuals who are unlawful non-citizens or non-substantive visa holders. Speak with an Accredited Specialist Immigration lawyer at Agape Henry Crux to have tailored advice on your circumstances. The team specialises in handling highly complex matters. You may schedule an appointment with one of our solicitors to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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