Schedule 3
Schedule 3 (Applicants without a substantive visa)
Schedule 3 (PoIf you are in a relationship with an Australian citizen or permanent resident and are currently in Australia without a valid visa (including bridging visas in some circumstances), applying for a Partner visa can present unique challenges, especially if you need to meet the criteria under Schedule 3. This is a complex issue that affects many couples and requires a detailed and careful approach. Here we explain everything you need to know about Schedule 3 and how it affects Partner visa applications in Australia.students without a substantive visa)
What is Schedule 3?
Schedule 3 is an Australian Department of Immigration regulation that applies to people who are in Australia unlawfully or without a substantive visa (such as a Bridging Visa A, B or C) when they make a Partner visa application. The primary purpose of this regulation is to deter people from staying in Australia irregularly and then attempting to regularise their situation by applying for a Partner visa.
However, Schedule 3 does allow, in special circumstances, a person in this situation to apply for a Partner visa, provided they can demonstrate that there are compelling and compassionate reasons to justify their application from Australia, rather than leaving the country to make their Partner visa application.
Who needs to comply with Schedule 3?
Generally, Schedule 3 applies to people who:
- Are in Australia without a substantive visa at the time of applying for the Partner visa.
- Are on a Bridging Visa C, D or E (issued in situations where temporary stay in Australia is permitted, but do not count as substantive visas).
A person applying for the Partner visa in these circumstances must meet this additional Schedule 3 criterion, unless they can demonstrate exceptional and compassionate circumstances that prevent them from meeting this requirement.
Schedule 3 Criteria
To apply for a Partner visa under Schedule 3, it is essential that the person demonstrates that:
- There is a genuine and continuous relationship with their Australian partner.
- There are compelling and compassionate reasons that justify why they cannot leave Australia to apply for a visa from abroad.
The definition of “compelling and compassionate reasons” can vary in each case, but commonly includes situations such as serious health problems, the presence of common children in Australia, or the fact that the applicant has resided in Australia for many years and has built a life in the country.
Schedule 3 Exceptions
The Australian Immigration Department may grant an exception to Schedule 3 if extremely exceptional circumstances exist. These exceptions are considered on a case-by-case basis and must be supported by detailed evidence to support the applicant’s claims. It is important to note that failure to comply with Schedule 3 may result in the visa application being refused.
Recommendations for applying for a Partner visa under Schedule 3
- Gather all documentation: It is vital to present proof of the relationship and any special situation that justifies the application from Australia.
- Seek professional advice: Since the Schedule 3 requirements are strict, having the advice of an immigration lawyer or migration agent can make a difference in the success of the application.
- Be honest and transparent: Any falsification or misrepresentation of information can result in the cancellation of the application and future immigration complications.
How can we help you?
Our team of migration experts has years of experience in handling protection applications. We offer:
- Detailed eligibility assessments.
- Assistance in preparing and submitting your application.
- Representation and support throughout the process.
- Advice on your rights and obligations in Australia.
If you need guidance on how to begin your Schedule 3 application process, contact us today for an initial consultation.
FAQ
“Compelling and compassionate reasons” include serious health problems, the presence of children in Australia, or the fact that the applicant has resided in Australia for a long time and has strong ties to the country. However, each case is unique, and the Immigration Department takes into account all relevant factors.
Not always. In some cases, if compelling and compassionate reasons are presented, the Immigration Department may make an exception, allowing the applicant to apply from Australia.
If your application is refused, it may be possible to appeal the decision through the Administrative Appeals Tribunal (AAT). However, it is important to be well prepared and, in many cases, to have an immigration representative to maximise your chances of success.
Evidence may include photos, communications, statements from friends and family, and joint financial evidence, such as shared bank accounts or utility bills in both names.
Yes, it is possible to obtain an exception, but the circumstances must be quite exceptional and well documented.
