Executive Summary
Schedule 3 criteria is a legal requirement that applies to Partner Visa applicants who are unlawful or holding a bridging visa, designed to discourage overstaying and prevent those without strong justification from gaining visas onshore. The core requirement is lodging your application within 28 days of your visa expiring, or demonstrating compelling and compassionate reasons for any delay. Importantly, Schedule 3 criteria don’t automatically refuse your Partner Visa; success depends on evidence quality and how convincingly you explain your circumstances to the Department. While the criteria can feel daunting, they’re not impossible; many applicants succeed through strong waivers if they missed the 28-day window, provided their relationship is genuine, their evidence is organised, and their compelling reasons argument is well-documented.
Quick Facts about Schedule 3 Criteria and Partner Visa Australia
- Schedule 3 applies to applicants who don’t hold a “substantive visa” (explained below)
- The primary requirement is lodging within 28 days of visa expiry; missing this deadline doesn’t mean refusal, but you’ll need compelling reasons
- There are four criteria (3001–3004) with different triggers and requirements
- “Compelling and compassionate reasons” is not strictly defined; success depends on your specific circumstances
- The Department must assess your situation individually; there’s no fixed formula
- Evidence quality is critical; generic statements won’t convince the Department
- If Schedule 3 is not satisfied, a waiver can still be granted at ministerial discretion
Navigating Schedule 3 Criteria on a Bridging or Expired Visa? The Department reviews every case individually, and strong evidence is critical. Speak with our Registered Migration Experts today to build a compelling waiver argument before you apply.
Who Is This Guide For?
This guide is for you if:
- You’ve overstayed your Australian visa
- Your visa expired, and you didn’t immediately reapply
- You’re currently on a bridging visa after a visa refusal
- You want to apply for a Partner Visa but have an adverse visa history
- You’re unsure whether Schedule 3 applies to your situation
- You need to understand what evidence the Department will want to see
This is not legal advice. For advice specific to your situation, consult a registered migration agent.
Does Schedule 3 Criteria Apply to You?
To see and understand whether the Schedule 3 Criteria applies to you or not, follow these steps and answer all questions:
Step 1: Do You Hold a “Substantive Visa”?
A substantive visa is any valid Australian visa except:
- Bridging Visa A (BVA)
- Bridging Visa B (BVB)
- Bridging Visa C
- Criminal Justice Visa
- Enforcement Visa
If you hold any other visa (Visitor, Student, Work, Temporary Graduate, Partner Visa, etc.), you hold a substantive visa.
Examples:
- You hold a valid Visitor Visa
- Do you hold a substantive visa? Yes
- Does Schedule 3 apply? No
- You hold a Bridging Visa A (BVA)
- Do you hold a substantive visa? No
- Does Schedule 3 apply? Yes
- Your Student Visa has expired
- Do you hold a substantive visa? Requires further check. If you had submitted a new visa application and had been granted a Bridging Visa, then scenario no. 2 applies
- Does Schedule 3 apply? High possibility; either you hold a Bridging Visa or have stayed unlawfully for a certain period of time
- You hold a Bridging Visa after a visa refusal
- Do you hold a substantive visa? No
- Does Schedule 3 apply? Yes
- You hold no visa at all
- Do you hold a substantive visa? No
- Does Schedule 3 apply? Yes, because you’re unlawful
Key notes: If you hold (or held) a bridging visa, or you have no valid visa → Schedule 3 applies to you.
Step 2: When Did Your Visa Status Change?
Once you know Schedule 3 applies, the timing of your application matters enormously.
- Your visa expired less than 28 days ago
- 28-Day window applies? Yes
- Action required: Apply now within the window
- Your visa expired 29 to 365 days ago
- 28-Day window applies? No
- Action required: You’ve missed the window. You need compelling reasons
- Your visa expired over 1 year ago
- 28-Day window applies? No
- Action required: Much harder; compelling reasons essential
- You are on a Bridging Visa (timeline unclear)
- 28-Day window applies? Depends
- Action required: Count from when substantive visa ended
Key rule: The 28-day clock starts when your last substantive visa expired or when you entered Australia unlawfully. Missing this window doesn’t automatically refuse your visa, but it triggers the “compelling reasons” requirement.
Step 3: What’s Your Risk Level?
Based on the information above, where do you fall?
- Scenario 1: You applied for a new visa within 28 days after the old one expired and were in a genuine relationship
- Risk level: Low
- Likelihood of approval (with strong waiver): 75-85%
- Scenario 2: You applied for a new visa after 28 days window, overstayed briefly, and were in a genuine relationship
- Risk level: Medium
- Likelihood of approval (with strong waiver): 55-70%
- Scenario 3: You overstayed for 6+ months and were in a genuine relationship
- Risk level: Medium to High
- Likelihood of approval (with strong waiver): 40-60%
- Scenario 4: You overstayed for 1+ years and were able to prove a genuine relationship before overstaying
- Risk level: High
- Likelihood of approval (with strong waiver): 30-50%
- Scenario 5: You were in a genuine relationship, have strong evidence and all compelling reasons documented
- Risk level: Medium
- Likelihood of approval (with strong waiver): 60-75%
Note: These are estimates based on case patterns. Individual cases vary significantly based on evidence quality, relationship strength, and circumstances beyond your control.
Need a precise calculation of your risk level? Every day counts when navigating Schedule 3 criteria. Book a 1-on-1 consultation with our Registered Migration Agent to review your timeline and protect your Partner Visa journey.
What is Schedule 3 Criteria?
Why Schedule 3 Criteria Exists
The Australian government created Schedule 3 criteria to accomplish three things:
- Encourage timely applications: People with valid reasons to stay should apply for new visas before their current one expires, not after.
- Discourage overstaying: By making it harder to apply onshore after overstaying, the government discourages people from staying illegally.
- Prevent “benefit from unlawful stay.”: People shouldn’t gain visa eligibility by remaining in Australia unlawfully.
Understanding this purpose helps explain why the criteria exist and how the Department assesses claims.
Substantive vs. Non-Substantive Visas: Complete Reference
Substantive visas (Schedule 3 does not apply to holders):
- Skilled Migration Visas (Subclass 189, 190, 491)
- Visitor Visa (Subclass 600, 651)
- Student Visa (Subclass 500)
- Temporary Graduate Visa (Subclass 485, 407)
- Partner Visa (Subclass 801/820, 309/100)
- Family Visas (most types)
- Working Holiday Visas (462, 417)
- Employer-sponsored visas (186, 187, 494, 482)
Non-substantive visas (Schedule 3 does apply):
- Bridging Visa A (BVA): Held while visa application pending
- Bridging Visa B (BVB): Bridging visa after refusal or cancellation
- Bridging Visa C: Temporary bridging protection
- Criminal Justice Visa: Cooperation with authorities
- Enforcement Visa: Deportation enforcement
If you hold a non-substantive visa when you apply for the Partner Visa Australia, Schedule 3 criteria apply to you.
Dealing with a Cancelled Visa or Recent Expiry? The clock starts ticking the exact moment your substantive visa ends. A cancelled visa requires a completely different legal approach than an expired one. Contact our migration team immediately to build a tailored waiver strategy before time runs out.
Important Distinction: Visa Expiry vs. Cancellation
Schedule 3 criteria apply differently depending on how you lost your substantive visa:
- Visa expired naturally: Schedule 3 applies; clock starts from expiry date
- Visa was cancelled: Schedule 3 still applies; clock starts from cancellation date
- Entered Australia without valid visa: Schedule 3 applies; clock starts from entry date
This distinction matters because it determines your compliance timeline.
What are the Criteria 3001 – 3004 of Schedule 3 Criteria?
Australian migration law specifies four specific criteria under Schedule 3. Each applies in different situations. Understanding which applies to you is crucial.
Criteria 3001: The 28-Day Rule
What it says: You must lodge your new visa application within 28 days of either:
- Your last substantive visa expiring, or
- Entering Australia unlawfully
What it means: The Department prefers applicants to apply before their visa runs out, or very quickly after. If you miss this 28-day window, Criteria 3001 is not satisfied.
- Example 1: Your Student Visa expires on 31 March. You lodge a Partner Visa application on 15 April (15 days later). Criteria 3001 is met.
- Example 2: Your Student Visa expires on 31 March. You lodge a Partner Visa application on 30 April (30 days later). Criteria 3001 is met (just).
- Example 3: Your Student Visa expires on 31 March. You lodge a Partner Visa application on 2 May (2 days outside the 28-day window). Criteria 3001 is not met. You’ll need to argue compelling reasons.
Impact if not met: You must show compelling reasons why you couldn’t apply within 28 days.
Criteria 3002: The 12-Month Rule
What it says: You must reapply for a visa within 12 months of entering Australia unlawfully or after your first substantive/criminal justice visa ceased.
What it means: This is a longer-term safety net. Even if you miss the 28-day window (Criteria 3001), Criteria 3002 gives you up to 12 months to reapply.
Example: Your Work Visa expired 90 days ago. You’re now applying for a Partner Visa. You’re within the 12-month window, so Criteria 3002 is likely met (even though Criteria 3001 is not).
Impact if met: Criterion 3002 being satisfied reduces (but doesn’t eliminate) the need for compelling reasons.
Criteria 3003: Beyond Your Control + Ministerial Discretion
What it says: If you entered Australia illegally, you can still get a visa if:
- Becoming unlawful was beyond your control (e.g., visa was cancelled unexpectedly, not due to your breach)
- The Minister believes there are compelling/compassionate reasons
- You would have been eligible for the visa before becoming unlawful
- You’ll comply with any visa conditions the Department imposes
What it means: This criterion is your lifeline if circumstances forced you into unlawful status through no fault of your own.
Examples that might satisfy Criteria 3003:
- Your employer cancelled your sponsorship without warning (beyond your control)
- You had a medical emergency that prevented you from complying with visa conditions
- Your visa was administratively cancelled due to a processing error
- You received incorrect advice from another agent about your obligations
Examples that would not satisfy Criteria 3003:
- You stayed after your visa expired because you wanted to keep working
- You didn’t renew on time because you forgot
- You ignored visa conditions intentionally
Impact: If you can show circumstances beyond your control, you have a stronger waiver argument.
Criteria 3004: Visa Condition Compliance Before Unlawful Status
What it says: If you entered Australia unlawfully and haven’t yet been granted a substantive visa, you can still qualify if:
- Becoming unlawful was beyond your control
- The Minister believes there are compelling/compassionate reasons
- You complied with conditions of your previous visa (before losing it)
- You would have been eligible for a Partner Visa at the time you lost your previous visa
- You’ll comply with future visa conditions
What it means: This criterion protects applicants who had a valid visa history (they were complying), lost it through circumstances beyond their control, and are now reapplying.
Example: You held a valid Student Visa and were complying with all conditions. Your visa was cancelled due to administrative error. You immediately met your Australian partner. You’re now applying for a Partner Visa. Criteria 3004 could apply.
Impact: Like Criteria 3003, this strengthens your waiver argument if circumstances forced you into unlawful status.
Schedule 3 Criteria Comparison Table
| Aspect | Criteria 3001 | Criteria 3002 | Criteria 3003 | Criteria 3004 |
|---|---|---|---|---|
| Trigger | Applying after visa expires | Applying beyond 12 months | Entered Australia unlawfully | Entered Australia unlawfully; had valid visa history |
| Core Requirement | Apply within 28 days | Apply within 12 months | Beyond your control + compelling reasons | Complied before becoming unlawful + compelling reasons |
| Burden of Proof | Low (timing alone) | Low (timing alone) | High (must prove circumstances) | High (must prove prior compliance + circumstances) |
| Likely Applicants | Brief overstay; timely applicants | Moderate delay (1–12 months) | Visa cancelled unfairly; medical emergency | Had valid visa, lost through no fault |
| Success Rate (Estimate) | 85–90% | 70–80% | 50–70% | 55–75% |
| If Not Met | Need compelling reasons | Can argue compelling reasons | Difficult; requires waiver | Difficult; requires waiver |
| Aspect | Criteria 3001 | Criteria 3002 | Criteria 3003 | Criteria 3004 |
|---|---|---|---|---|
| Trigger | Applying after visa expires | Applying beyond 12 months | Entered Australia unlawfully | Entered Australia unlawfully; had valid visa history |
| Core Requirement | Apply within 28 days | Apply within 12 months | Beyond your control + compelling reasons | Complied before becoming unlawful + compelling reasons |
| Burden of Proof | Low (timing alone) | Low (timing alone) | High (must prove circumstances) | High (must prove prior compliance + circumstances) |
| Likely Applicants | Brief overstay; timely applicants | Moderate delay (1–12 months) | Visa cancelled unfairly; medical emergency | Had valid visa, lost through no fault |
| Success Rate (Estimate) | 85–90% | 70–80% | 50–70% | 55–75% |
| If Not Met | Need compelling reasons | Can argue compelling reasons | Difficult; requires waiver | Difficult; requires waiver |
Key insight: Criteria 3001 and 3002 are automatic if you meet timing. Criteria 3003 and 3004 require you to prove circumstances and arguments.
Confused by the 28-day window or 12-month rule? Don’t risk a refusal over a timing error. Book a 1-on-1 consultation with our Registered Migration Agent to clarify your legal standing and get expert guidance on satisfying Schedule 3 requirements.
What are the Compelling and Compassionate Reasons for Schedule 3 Criteria?
“Compelling and compassionate reason” is used throughout Schedule 3 criteria, but it’s not legally defined. The Department assesses each case individually. However, successful cases share common themes.
What the Department Actually Looks For
Compelling reasons typically involve situations where:
- Applying onshore is necessary (e.g., cannot return home due to security risk)
- Hardship to you or your family is severe (e.g., partner’s serious health condition)
- Circumstances were beyond your control
- You’ve been complying with other visa obligations
- Your visa history shows good-faith effort
Compassionate reasons typically involve:
- Family separation (genuine relationship affected)
- Health conditions (yours or dependents’)
- Humanitarian concerns (persecution, violence if you return home)
- Financial hardship created by visa circumstances
Real-World Scenarios That Have Succeeded
Scenario 1: Medical Emergency
“Applicant’s spouse was diagnosed with terminal cancer while on a valid work visa. Applicant couldn’t leave to apply offshore due to caregiving responsibilities. Compelling reasons argument successful.”
Scenario 2: Employer Cancellation
“Applicant was on a 482 visa. Employer went insolvent and failed to sponsor visa extension. Applicant immediately met an Australian partner but was now outside the 28-day window. Compelling reasons (employer failure) argument successful.”
Scenario 3: Relationship Hardship
“Applicant overstayed due to a genuine relationship with an Australian partner (not a temporary or fraudulent relationship). Separation would cause severe hardship. Compelling reasons argument successful; waiver granted.”
Scenario 4: Administrative Error
“Applicant’s bridging visa was issued in error; they complied with all conditions. Incorrect advice from original agent led to overstay. Compelling reasons (administrative error, reliance on professional advice) successful.”
Scenarios That Have Not Succeeded
Scenario 1: Deliberate Overstay
“Applicant stayed beyond visa expiry because employment was good and didn’t want to leave. No compassionate or compelling reason beyond personal preference. High potential of refusal.”
Scenario 2: Generic Relationship Claims
“Applicant stated ‘We love each other’ as the sole compelling reason. No evidence of a genuine relationship, no hardship documentation. High potential of refusal.”
Scenario 3: Delayed Application with Weak Explanation
“Applicant didn’t apply for 18 months after visa expiry, claiming ‘I forgot.’ No evidence of circumstances beyond their control. High potential for refusal.”
Scenario 4: New Relationship as Compelling Reason Alone
“Applicant met partner after overstaying and uses new relationship as reason for delay. Department considers this as choosing to stay unlawfully. Weak argument; often refused.”
The Three Questions the Department Asks
When reviewing your compelling reasons argument for waiving a Schedule 3 criteria, decision makers assess:
- Was this beyond your control? (Or did you choose to stay unlawfully?)
- Is the reason genuine and serious? (Or is it a convenient excuse?)
- Would applying offshore have been unreasonable? (Or could you have left and applied?)
Strong and compelling reasons must address all three questions with evidence.
Read one of the Schedule 3 Criteria success cases we’ve handled for Leo and Evelyn here: Schedule 3 Waiver – Partner Visa: Leo & Evelyn’s Success Story
Schedule 3 Criteria Evidence Checklist and Documentation Strategy
This section is critical. The difference between approval and refusal of Schedule 3 criteria often depends on evidence quality, not your relationship alone.
Evidence Categories & Checklist
Category 1: Identity & Visa History (essential)
Required documents:
- Current passport (certified copy)
- Visa grant notices (all previous visas)
- Visa expiry notices or cancellation letters
- Entry stamps in passport
- Visa cancellation notification (if applicable)
- Evidence of visa overstay dates (calculated and documented)
Why it matters: The Department must verify your exact visa history and timeline.
Category 2: Relationship Evidence (essential)
Required documents:
- Marriage certificate (certified copy) or
- De facto declaration form + statutory declaration from both parties
- Evidence of living together (2+ documents):
- Joint lease or mortgage documents
- Joint utility bills
- Bank statements showing shared expenses
- Change of address to shared residence
- Communication evidence:
- Text messages (screenshot selection, not entire history)
- Email correspondence
- Social media history (screenshots)
- Third-party evidence:
- Statutory declarations from friends/family (3–5 people)
- Photos together (throughout relationship, various settings)
- Travel evidence together (boarding passes, hotel bookings)
- Financial integration:
- Joint accounts
- Life insurance beneficiary nominations
- Shared superannuation nominations
Why it matters: The Department assesses relationship genuineness separately from Schedule 3 criteria. A weak relationship file can lead to refusal even if Schedule 3 is satisfied.
Category 3: Compelling/Compassionate Reasons (critical if outside 28 days)
Required documents (varies by your situation):
For medical/health reasons:
- Medical certificates from Australian doctors
- Hospital records (if applicable)
- Prescription history
- Evidence of ongoing medical treatment
- Medical reports explaining why the applicant couldn’t leave Australia
For financial hardship:
- Bank statements (6–12 months)
- Tax returns (previous 2 years)
- Evidence of inability to afford offshore application
- Evidence of supporting dependents in Australia
For administrative/professional errors:
- Correspondence with original migration agent
- Email advice that was incorrect
- Proof of reliance on that advice
- Evidence you followed advice at the time
For employer circumstances:
- Employment contract
- Correspondence about visa sponsorship issues
- Proof employer failed to sponsor extension
- Evidence of immediate effort to find alternative pathway
For circumstances beyond your control:
- Documentation of the circumstances
- Proof you couldn’t control or foresee them
- Timeline showing you responded reasonably
Why it matters: Weak, compelling-reasons arguments are the #1 reason for Schedule 3 refusals.
Category 4: Character & Compliance History (important)
Required documents:
- Police clearance certificate (from all countries you’ve lived in)
- Evidence of compliance with previous visa conditions:
- Employment records
- Study enrollment letters
- Residence history
- Evidence you didn’t breach conditions
Why it matters: The Department assesses whether you can be trusted with a new visa.
Category 5: Financial Capacity (important for Partner Visa)
Required documents:
- Sponsor’s income evidence:
- Recent tax returns (2 years)
- PAYG summaries
- Payslips (recent 3–6 months)
- Assets (if relevant):
- Property ownership
- Bank accounts
- Superannuation
- Evidence of financial support for applicant (if applicable):
- Bank transfers
- Shared expenses
Why it matters: Sponsor must demonstrate capacity to support applicant.
Submission Strategy
Document Quality Matters:
- All documents certified as true copies (if not originals)
- Key documents translated to English (certified translation)
- Organise chronologically and thematically
- Include a table of contents (for large files)
- Number pages
- Highlight key passages in evidence
Common Submission Errors (Avoid These):
- Submitting too much (1,000+ pages); the Department won’t read thoroughly
- Submitting duplicate documents; Wastes space, looks disorganised
- Poor organisation; Department can’t find key evidence
- Weak statutory declarations; Generic language, no specific details
- No translation of foreign documents; Department may not accept
- Unsigned or uncertified copies; May not be accepted
- Missing key documents (visa grants, passports); Application incomplete
Best Practice:
- Aim for 150–300 pages of quality evidence (not 1,000+)
- Organise by category (relationship, compelling reasons, character, financial)
- Include a summary document listing what’s provided and why
- Highlight key dates and documents
- Explain gaps or unusual circumstances proactively
Read more: Schedule 3 Waiver for Partner Visa Australia: Are You Eligible?

What You Need to Know About Schedule 3 Criteria Waiver
If you don’t meet Schedule 3 criteria automatically, you need a waiver. This section previews what waiver preparation requires.
What is a Schedule 3 Waiver?
A waiver is a formal request to the Department asking them to ignore Schedule 3 criteria and approve your visa anyway. The Minister has discretion to grant waivers if convinced by your circumstances.
When Do You Need a Schedule 3 Waiver?
| Your Situation | Automatic Approval? | Waiver Needed? |
|---|---|---|
| Applied within 28 days | Yes | No; You meet Criteria 3001 |
| Applied 29–365 days; have compelling reasons | Maybe | Possibly; Depends on strength of argument |
| Applied after 1 year + weak compelling reasons | No | Yes; Waiver essential |
| Applied after 1 year + strong compelling reasons | Maybe | Possibly; May not need formal waiver |
| On bridging visa; can't map to criteria | Unclear | Yes; Waiver likely needed |
| Your Situation | Automatic Approval? | Waiver Needed? |
|---|---|---|
| Applied within 28 days | Yes | No; You meet Criteria 3001 |
| Applied 29–365 days; have compelling reasons | Maybe | Possibly; Depends on strength of argument |
| Applied after 1 year + weak compelling reasons | No | Yes; Waiver essential |
| Applied after 1 year + strong compelling reasons | Maybe | Possibly; May not need formal waiver |
| On bridging visa; can't map to criteria | Unclear | Yes; Waiver likely needed |
Six Factors That Strengthen Waiver Arguments
A strong waiver typically includes:
- Specific, documented circumstances (not vague claims)
- “Financial hardship” = Weak
- “Lost employment in March 2025, income dropped 80%, couldn’t afford offshore application fees + airfare” = Strong
- Proof it was beyond your control
- “Relationship made me stay” = Your choice, weak
- “Employer suddenly cancelled sponsorship” = Beyond control, strong
- Evidence you acted reasonably
- “Didn’t apply for 2 years without explanation” = Unreasonable
- “Applied within 3 months of resolving circumstances” = Reasonable
- Genuine, long-term relationship
- New relationship as reason for delay = Weak
- 3+ year de facto with evidence = Strong
- Character & compliance history
- Previous visa breaches = Weak
- Full compliance with all conditions = Strong
- Practical impossibility of offshore application
- “It was too expensive” = Personal hardship, weak
- “Home country has no functioning visa processing; security concerns prevent return” = Practical impossibility, strong
We have successfully assisted our clients in getting their Partner Visa approved with Schedule 3 criteria waived. You can read their story here: A Love That Overcame Schedule 3 Criteria: Evelyn & Leo’s Partner Visa Success Story
Common Schedule 3 Waiver Preparation Mistakes
Mistake 1: Vague Emotional Arguments
“We love each other and can’t be apart” doesn’t explain why you couldn’t apply offshore.
Better: “Applicant’s spouse has terminal illness; applicant needed to remain for caregiving. Medical reports attached. Applicant couldn’t leave for offshore application while providing critical support.”
Mistake 2: No Supporting Evidence
Stating compelling reasons without documentary evidence.
Better: Every compelling reason backed by medical records, financial documents, employer correspondence, or other official evidence.
Mistake 3: Blaming Others
My agent told me I could stay” shifts blame rather than explaining circumstances.
Better: “Relied on professional advice from migration agent; agent’s email advising delay is attached; applicant followed advice in good faith.”
Mistake 4: Delayed Application for No Clear Reason
“I was busy” or “I didn’t know” doesn’t explain 2-year delays.
Better: Document the specific circumstances preventing earlier application, with a timeline showing when circumstances changed.
Next Steps for Schedule 3 Waiver Preparation
If you need a waiver, the full process typically involves:
- Documenting your specific circumstances (evidence gathering)
- Writing a statutory declaration explaining your situation
- Gathering third-party evidence (medical reports, employer letters, etc.)
- Structuring all evidence logically
- Preparing a cover letter that synthesises your argument
This is complex work. Many applicants benefit from professional guidance here.
Don’t delay your Schedule 3 waiver strategy. Time is a critical factor when dealing with non-substantive visas or overstayers. Book a 1-on-1 consultation with our Registered Migration Agent today to get a personalised step-by-step roadmap for your Partner Visa journey.

FAQ About Schedule 3 Criteria on Partner Visa
I overstayed by 3 months. Will I definitely be refused?
No. If you apply now (within the 28-day window or close to it), you likely meet Criteria 3001 and don't need a waiver. If you're past the 28-day window, you'll need compelling reasons, but 3-month overstays are common and often succeed if you have a genuine, documented relationship, evidence you acted reasonably, and no character issues. The risk level is medium; your success depends on your evidence quality.
I'm on a bridging visa. Does Schedule 3 apply to me?
Yes. Bridging visas are non-substantive. If you're on a bridging visa and applying for a Partner Visa, Schedule 3 criteria apply. You'll need to satisfy one of the four criteria OR get a waiver. Timeline matters: When did your last substantive visa end? If it was less than 28 days ago (before your bridging visa was granted), you might meet Criteria 3001. The risk level is medium to high. Success depends on your specific dates and evidence.
I don't have any visa at all (fully unlawful). Can I still get a Partner Visa?
Yes, but it's harder. If you entered Australia unlawfully or have been unlawful for a long time, you can still apply, but Schedule 3 criteria will apply, and you likely need strong compelling reasons. Success depends on several aspects, such as how long you've been unlawful, why you became unlawful, strength of your relationship evidence, and your character and compliance history. The risk level is high. Waivers are difficult but not impossible.
My relationship is genuine, but I'm worried Schedule 3 will cause refusal. What should I do?
First: Assess which Schedule 3 criterion applies to your situation. Second: Gather evidence of your compelling reasons, especially if you have passed the 28-day window. Third: If uncertain, consider booking a consultation with a Registered Migration Agent to confirm whether Schedule 3 criteria applies, assess your risk level, plan your evidence gathering strategy, and decide if a waiver is needed. This clarity before application is worth the investment.
Can I work while my Partner Visa application is pending (Schedule 3 case)?
It depends on your current visa status. Check your Bridging Visa grant notice as it specifies your work rights clearly. Remember that working without permitted work rights can breach visa conditions and make your situation more complex.
How long does it take to get a decision on a Schedule 3 Partner Visa case?
The processing times vary; depends on whether your case is straightforward, requires waiver assessment or is complex. The completeness of your evidence, whether the Department issues a request for information, complexity of your circumstances, and current Department workload, all affect the processing times. There's no way to speed this up significantly, so planning ahead is important.
Our Migration Agent’s Expert Perspective
Indah Melindasari, MARN 0961448 – Lead Migration Agent, ONEderland Consulting
Schedule 3 cases are some of the most challenging and most rewarding work I do. After 15+ years helping people navigate this area, I’ve seen both heartbreaking refusals and wonderful approvals, often in very similar circumstances.
Here’s what I’ve learned:
The most common mistake: Applicants assume their relationship is enough. It’s not. A genuine, deeply documented relationship is the foundation, but it’s Schedule 3 that determines whether the application succeeds. People spend months gathering relationship evidence and 10 minutes on Schedule 3 explanation. This gets it backwards.
The second biggest mistake: Underestimating how carefully the Department reads evidence. One poorly written statutory declaration or one missing document can trigger an RFI that delays everything by 6 months. Details matter enormously.
What actually works: Applicants who succeed typically:
- Understand their specific Schedule 3 situation (which criterion applies, which they don’t meet)
- Document their circumstances meticulously (not just state them)
- Address potential weaknesses proactively (don’t wait for the Department to question them)
- Gather evidence of both their relationship and their compelling circumstances
- Present everything in a clear, organised way that makes the decision maker’s job easier
When I recommend consulting a migration agent: Schedule 3 cases are complex enough that professional guidance usually pays for itself. You’ll:
- Avoid costly mistakes
- Understand your realistic success odds before spending on applications
- Prepare a stronger case than DIY approaches typically produce
- Have someone to guide you if the Department issues an RFI
Schedule 3 doesn’t mean your visa will be refused. It means your case requires strategy and evidence quality. Get it right, and approval is very possible. Get expert help with your Schedule 3 waiver today and maximise your chances of a successful Partner Visa grant.

What Should You Do If You Face Schedule 3 Criteria?
Immediate Actions
If you applied or are about to apply:
- Confirm which Schedule 3 criterion applies to your situation
- If outside the 28-day window, document your compelling reasons
- Gather evidence using the checklist above (organised by category)
- Have key documents certified and translated
If you’re unsure whether to apply:
- Review the decision matrix above
- Assess your risk level honestly
- Consider whether evidence gathering is realistic before investing application fees
- Get professional advice on your specific situation (recommended)
When Professional Guidance Makes Sense
Consider booking a consultation with a registered migration agent if:
- Your Schedule 3 situation is complex (multiple criteria, unclear timelines)
- You’re outside the 28-day window and unsure about compelling reasons
- Your evidence gathering feels overwhelming or unclear
- You want an honest assessment of your likelihood of approval before applying
- You’ve already been refused and need to understand why
- You want someone to review your evidence package before submission
What a consultation does:
- Clarifies which Schedule 3 criterion applies to you
- Honestly assesses your likelihood of approval
- Identifies evidence gaps before you apply
- Creates a specific action plan for your situation
What it doesn’t do:
- Guarantee approval (no agent can)
- Replace the Department’s assessment of your circumstances
- Make Schedule 3 disappear (it’s a legal requirement)
How ONEderland Can Help
At ONEderland Consulting, we specialise in complex visa cases, including Schedule 3 situations. We work with:
- Applicants uncertain about whether to apply (risk assessment)
- People gathering evidence (strategy guidance)
- Those reviewing evidence packages before submission (QA review)
- Applicants who received RFIs (response strategy)
Our approach is practical: We help you understand your situation clearly and decide whether proceeding makes sense for you.
We offer a consultation with free starts from $150 AUD for 60 minutes. This is a fixed-fee conversation, not a sales pitch. We’ll give you honest advice about whether professional assistance makes sense for your situation.
Money-back guarantee: If you decide to use our professional service in handling your Schedule 3 criteria case, we will deduct 100% of your consultation fee from the total service fee.
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We are complex visa specialists. As registered Australian migration agents with the Migration Agents Registration Authority (MARA), we are regulated in our professional practice and bound by the profession’s Code of Conduct issued by the MARA. Read our 4.9* score customer reviews to see the difference we’ve made for others. You can be confident that you are in good hands.
Contact us via email at [email protected], phone at 1300 827 159, or WhatsApp at +61494367258. Alternatively, you can book your consultation online, backed by our 100% Money-Back Guarantee Program.



