Schedule 3 Criteria for Partner Visa application in Australia
The Schedule 3 criteria apply when you become an unlawful non-citizen and apply for a Partner Visa in Australia without leaving the country. Being an unlawful non-citizen means you currently hold a Bridging Visa or do not hold any visa at all.
It generally happens when you face a visa refusal onshore or overstay your previous visa while in Australia. Suppose you’re in this situation and are in a committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen. In that case, you may apply for a Partner Visa in Australia without leaving the country. However, you must have compassionate and compelling reasons.
Unfortunately, there’s no exact definition for compassionate and compelling reasons. But don’t worry. With over ten years of experience, we can derive four scenarios that may compel the Department of Home Affairs, and we are sharing them with you below.
What is the Schedule 3 Criteria?
The Schedule 3 Criteria allows you to lodge a Partner Visa application in Australia on compassionate and compelling reasons despite being an unlawful non-citizen. There are four additional criteria under the Schedule 3 Criteria that you should satisfy:
- Criteria 3001 of Schedule 3 states that you must submit a new visa application no later than 28 days after the date of your illegal arrival into Australia or the expiration of your first substantive or criminal justice visa.
- Criteria 3002 of Schedule 3 states that you must reapply for a visa within a year of entering Australia illegally or after your first substantive or criminal justice visa expires.
- Criteria 3003 of Schedule 3 is in effect when you enter Australia illegally. You must meet the following additional conditions:
- You consent to comply with any future limitations imposed on your substantive visa;
- The Minister believes there’s a compelling or compassionate reason to grant you a substantive visa;
- You would have been eligible for a substantive visa before becoming an unlawful non-citizens;
- You become an illegal non-citizens because of events that were out of your control.
- Criteria 3004 of Schedule 3 is in effect when you enter Australia illegally and have yet to be granted a substantive visa. You must meet the following additional conditions:
- You become an illegal non-citizens because of events that were out of your control;
- The Minister believes there’s a compelling or compassionate reason to grant you a substantive visa;
- You met the conditions specified in your previous non-substantive visa or entry permit;
- You would have been eligible for a Partner Visa (subclass 820) at the time you stopped holding a non-substantive visa or turned into an illegal non-citizen;
- You agree to comply with any additional conditions imposed on your valid visa in the future.
Learn more on how to Prepare Australian Partner Visa.
How do we waive the schedule 3?
If you can not satisfy Schedule 3, you can waive it with a strong, compelling, and compassionate reason.
Unfortunately, there’s no exact definition for compelling or compassionate reasons. The Department, however, employs the conventional meaning of convincing, which asserts that the issue is uncontrollable or overwhelming.
Learn more: Ultimate Guide to Winning Partner Visa Schedule 3 Criteria
What are compelling and compassionate reasons for Schedule 3 Criteria?
As mentioned above, you must have compelling and compassionate reasons to satisfy the Schedule 3 Criteria.
With over ten years of experience in handling Partner Visa Australia cases with Schedule 3 Criteria, we have derived four possible scenarios that may satisfy the Schedule 3 Criteria:
1. Sponsor and applicant must look after Australian citizen child or children
It applies when you and your sponsoring partner have children together. You must satisfy the Department of Home Affairs that the separation of the child’s biological parent will negatively affect them. You must also show the Department that raising the child alone will bring hardship to both parents, especially considering the processing time of the Partner Visa application, which may take up to 2 years.
2. The sponsor suffers from severe illness, and the applicant provides support for the sponsor
The second scenario is when your sponsor suffers from severe illness and does not have anyone to look after him. You must satisfy the Department of Home Affairs that your support is everything for your sponsoring partner and that your sponsoring partner would be unable to go on daily activities without your assistance. In summary, you must satisfy the Department that your sponsoring partner will suffer more without your help in Australia.
3. The sponsor has a mental illness, and the applicant provides support for the sponsor
It is similar to the second scenario, but you must emphasize your sponsoring partner’s mental illness and how much your support means to them. You must show the Department of Home Affairs that your support and presence positively impact your sponsoring partner’s mental health.
4. Applicant suffers from severe illness and is receiving treatment and support in Australia
The last possible scenario is that you, as the applicant, suffer from a severe illness that also prevented you from getting a substantive visa. You must emphasize to the Department of Home Affairs that no support or treatment is available in your home country, so you must stay in Australia with your sponsoring partner. You must also show that support from your sponsoring partner positively impacts your recovery.
The above list is only for general advice. We strongly advise you to get professional advice from a Registered Migration Agent, considering each person’s situation is unique and requires a tailored approach. We value your circumstances and will work closely with you to ensure the best outcome for your Partner Visa Schedule 3 Criteria case. Contact us for details and feel reassured that you’re making the best decisions for your situation.
Can Schedule 3 Criteria be successfully waived?
In short, it is possible to waive the Schedule 3 criteria. There must be pertinent and strong justifications for the Department of Home Affairs to assess your application and grant a Schedule 3 waiver. After the application deadline, compelling grounds may arise at any point until a decision is made.
The Department of Home Affairs will evaluate a number of factors before determining whether to grant a waiver based on your particular circumstances. Among them are:
- the causes of your illegal non-citizen status;
- The explanations for your lack of attempt to obtain a visa in order to settle your situation;
- The actions you took to obtain a visa or to regularize your visa status;
- Your past visa status, including any violations; and
- The duration of your unlawful non-citizen status.
Learn more on How to Response to s57 Request on Partner Visa Australia 2024
What if you don’t have any compelling or compassionate reasons?
If there are no compelling or compassionate reasons to satisfy the Schedule 3 Criteria, consider the offshore Partner Visa (subclass 309/100) application. We understand it sounds bitter to be separated from your loved ones, but submitting an onshore Partner Visa (subclass 820/801) application after being an illegal non-citizen and having no compelling or compassionate reasons will only worsen your situation.
Your onshore Partner Visa (subclass 820/801) will most likely be refused without a compelling or compassionate reason, leading to potential separation from your loved ones. This underscores the urgency and importance of your situation.
Contact us, a Registered Migration Agent with over ten years of experience in migration, especially with complex cases such as Schedule 3 Criteria. We are here to support and guide you through this process, ensuring you have the best chance of success.
What happens when your Partner Visa is refused for Schedule 3 Criteria?
When your Partner Visa application gets refused, you will have two options: leave the country or submit a review application to the Administrative Appeals Tribunal (AAT).
Suppose you’re confident your case should have been approved. In that case, you may consider lodging a review application to the Administrative Appeals Tribunal (AAT). It will cost you more money and time. So, if you’re not confident, we suggest you consider leaving the country and lodging an offshore Partner Visa application.
The correct choice for you will depend entirely on your circumstances. The incorrect choice may be a huge waste of money and time, as the Partner Visa is very expensive and non-refundable.
Do you need expert assistance with your case?
PLEASE NOTE THESE POINTS: Immigration case officers are now refusing partner visas more and more often entirely based on Schedule 3 criteria and are NOT always giving any other criteria a second look.
If you have applied while only holding a bridging visa or are an unlawful non-citizen, do not think that your application will wait in the long queue, as it will most likely be dealt with by a quick refusal by case officers. Immigration case officers may not ask you to make a submission as to why you believe the Schedule 3 criteria should be waived.
They may refuse the application without letting you submit any further evidence or explanation.
Our Migration Agent will reassure you that your situation seems manageable and will devise an action plan for you to move forward.
Our consultation session is more than just a conversation. It’s a promise backed by a 100% refund guarantee if you’re unsatisfied with our service. We are proud to share that we have a 98% success rate and are experts in handling complex cases. So, don’t hesitate to reach out to us. We’re here to help you.
We’re here to help you.
Considering the complexity of Schedule 3 Criteria and its impacts on your Partner Visa application in Australia, it is crucial to speak to a migration agent experienced in complex cases, particularly in these situations. These circumstances are not straightforward and require tact, a particular strategy, and inside knowledge.
ONE derland Consulting has vast experience in dealing with overstay visa cases. Our success rate in winning refusal visas is second to none. You may speak to our Visa Specialists to understand your options for refusal solutions.
Please note that this service aims to discuss your visa options, eligibility for each visa in Australia, and the consequences of overstaying your Australian visa.
We will also assist you in making the right decision on whether you should spend the time and money to proceed with the visa application onshore. We have a 98% success rate and are one of Australia’s most highly recommended migration agents. Read our 4.9* score customer reviews.
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.
Take the first step and get in touch with us. Our team members are professional and honest and speak various languages, such as Mandarin/ Chinese, Bahasa Indonesia, Arabic, Japanese, and Thai. Contact us through email at [email protected] or via phone at 1300 827 159. Alternatively, you may book your consultation online, and it is backed by our 100% Money Back Guarantee Program.
