Schedule 3 criteria are among the most challenging aspects of Australian partner visa applications.
What Are Schedule 3 Criteria?
Schedule 3 refers to additional criteria that apply to certain visa applicants who are in Australia without a substantive visa at the time of applying for their partner visa. These criteria can create significant hurdles for applicants.
When Do Schedule 3 Criteria Apply?
Schedule 3 criteria typically apply when:
- The applicant is an unlawful non-citizen at the time of application
- – The applicant held a visa that was cancelled
- – The applicant’s last substantive visa had a “no further stay” condition
The Waiver Possibility
To be granted a waiver, applicants generally need to demonstrate:
- Compelling and compassionate circumstances
- – That it would cause significant hardship to an Australian citizen, permanent resident, or eligible New Zealand citizen if the waiver is not granted
Common Scenarios Discussed
Common situations where Schedule 3 becomes relevant:
- Visitor visa holders who overstayed their visa
- – Student visa holders whose visa expired before lodging a partner visa
- – Protection visa applicants whose claims were refused
- – People who arrived without a valid visa
Seeking Professional Advice
Forum contributors consistently emphasise that Schedule 3 situations are complex and require careful professional assessment. What appears to be a straightforward case may have complications that affect the application outcome.
Disclaimer: This is general advice only and may not apply to your specific circumstances. For personalised guidance on your visa application, please book a consultation with one of our registered migration agents.
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Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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