What is the Schedule 3 Criteria for Partner Visas?
If your substantive visa has expired and you either hold a bridging visa associated with another application or you are currently unlawful, you may still be able to lodge an onshore partner visa (subclass 820/801) if you can demonstrate that you meet Schedule 3 criteria.
Meeting Schedule 3 criteria allows you to apply for a partner visa onshore, rather than having to depart Australia and apply for the visa offshore.
What are the requirements of Schedule 3 to apply for a Partner Visa?
To meet Schedule 3 criteria, you must meet all of the following requirements
- Lodging the visa application within 28 days after your last substantive visa has expired
- Having compelling reasons for granting an onshore Partner Visa
- Not being the holder of a substantive visa because of factors beyond your control
- Intending to comply with any conditions subject to which a Partner Visa may be granted
- Having been entitled to be granted a Partner Visa had you applied for the visa on the day when you last held a substantive visa
- Having complied substantially with any conditions subject to which your last visa was granted
If any of the above criteria cannot be met, you would need to apply for a waiver of Schedule 3 on the basis of compelling and compassionate reasons.
What are the examples of compelling reasons for waiving Schedule 3?
The Department of Home Affairs will consider your individual circumstances in deciding whether to waive Schedule 3 criteria including your personal circumstances, as well as the circumstances of another person. Some examples of compelling reasons for the waiver of Schedule 3 criteria are as follows:
- Circumstances outside of your control e.g. severe illness or incapacity to leave Australia
- The Australian partner’s deprivation of substantial mental, financial or other support if a Partner Visa is not processed onshore
- Presence of an Australian child who might be adversely affected
Why choose Withstand Lawyers for the Schedule 3 Criteria ?
Withstand Lawyers specialise in immigration law, visa cancellations and visa refusals. You can reach our senior immigration lawyers and senior immigration agents to ensure you reach your immigration goals. The team at Withstand Lawyers is approachable and committed to providing a personalised service, so please book a consultation online or call us on 1800 952 901