Schedule 3 Partner Visas: Waivers and Other Visa Options

If you want to apply for an Australian partner visa but are unlawful, hold a Bridging Visa or no longer hold a substantive visa, Schedule 3 may affect your application.

Better Life Migration provides experienced Schedule 3 partner visa assistance, including waiver submissions and alternative partner visa strategies for people who may not satisfy the waiver requirements.

We have successfully assisted clients affected by Schedule 3 with complex onshore partner visa applications and helped them receive positive outcomes. However, every case is different, and obtaining advice before applying is important.

What Is Schedule 3?

Schedule 3 is a set of additional immigration requirements that can apply to certain people who lodge an onshore Partner Visa Subclass 820 application without holding a substantive visa.

A substantive visa generally means a visa other than a Bridging Visa, Criminal Justice Visa or Enforcement Visa.

Schedule 3 may be relevant if you:

overstayed your previous visa;
became unlawful before applying for a partner visa;
hold a Bridging Visa following a visa refusal;
allowed your substantive visa to expire; or
have remained in Australia for a lengthy period without a substantive visa.

These cases require more than simply proving that your relationship is genuine and continuing. Your immigration history, current visa status and reasons for not holding a substantive visa must also be considered.

Can Schedule 3 Be Waived for a Partner Visa?

In some partner visa cases, the Department of Home Affairs may consider whether compelling reasons exist for not applying certain Schedule 3 requirements.

This is commonly described as requesting a Schedule 3 waiver. However, it is not an automatic exemption.

Having an Australian partner, being in a genuine relationship or having Australian children does not, by itself, guarantee that the requirements will be waived.

The Department considers each family’s circumstances individually. Relevant matters may include:

the history and strength of the relationship;
the circumstances that led to the applicant becoming unlawful or remaining on a Bridging Visa;
the effect of separation on the Australian partner;
the interests and wellbeing of any children;
serious medical, emotional or family circumstances;
practical barriers to applying from outside Australia; and
the overall circumstances of the couple and their family.

A well-prepared Schedule 3 waiver submission should clearly explain why the circumstances are compelling and support those circumstances with appropriate evidence.

Why Professional Schedule 3 Assistance Is Important?

Schedule 3 partner visa applications can be complex and high risk. A poorly prepared application may fail to address the most important circumstances or may focus on information that does not properly respond to the relevant requirements.

It is also important to consider whether an onshore Partner Visa Subclass 820 application is the most appropriate strategy.

Before you proceed, Better Life Migration can assess:

your complete Australian visa history;
your current visa or unlawful status;
the circumstances surrounding any visa expiry or refusal;
whether Schedule 3 is likely to apply;
the strength of your potential compelling reasons;
the effect of the situation on your partner and children;
the risks of lodging an onshore application; and
any alternative partner visa pathways that may be available.

Obtaining advice before lodging can help you understand the possible risks and avoid pursuing an inappropriate strategy.

What If You May Not Meet the Schedule 3 Waiver Requirements?

Not every applicant affected by Schedule 3 will have sufficiently compelling circumstances to support a waiver request.

This does not necessarily mean that your relationship has no viable migration pathway.

Better Life Migration can assess alternative partner visa strategies based on your immigration history, current visa status and family circumstances. Depending on the case, this may include considering an offshore Partner Visa Subclass 309 application, carefully planned travel and Bridging Visa arrangements, or another lawful pathway.

Our role is to provide realistic advice about the strengths, risks and consequences of each available option not simply lodge an onshore application that may have little prospect of success.

How Better Life Migration Can Help?

Better Life Migration has successfully assisted clients affected by Schedule 3 to receive positive partner visa outcomes.

We understand that these cases can be stressful, particularly when a couple has children, has established a life in Australia or fears being separated.

Our assistance can include:

assessing your immigration and relationship history;
identifying whether Schedule 3 applies;
evaluating the strength of any compelling reasons;
advising whether an onshore Partner Visa Subclass 820 application is appropriate;
developing a strategy suited to your circumstances;
preparing a detailed Schedule 3 waiver submission;
helping you identify and organise supporting evidence;
preparing and reviewing relationship statements;
lodging a carefully prepared partner visa application; and
communicating with the Department throughout processing.

If you may not satisfy the Schedule 3 waiver requirements, we can also assess other partner visa options and help you develop a more appropriate migration strategy.

Frequently Asked Questions

Does Schedule 3 apply to every partner visa applicant?

No. Schedule 3 generally becomes relevant to certain onshore applicants who do not hold a substantive visa when applying. Whether it applies depends on the applicant’s current status and immigration history.

Can I apply for a partner visa if I am unlawful?

It may be possible to lodge an onshore partner visa application, but Schedule 3 and other legal restrictions may apply. Professional advice should be obtained before lodging.

Can I apply for a partner visa while holding a Bridging Visa?

Possibly. Holding a Bridging Visa does not automatically prevent a partner visa application. However, the type of Bridging Visa, your previous visa history and the Schedule 3 requirements must be considered.

Are Australian children enough to obtain a Schedule 3 waiver?

Having Australian children may be an important consideration, but it does not automatically result in a waiver. The Department considers the children’s circumstances together with the family’s overall situation.

What happens if I cannot meet the Schedule 3 waiver requirements?

Better Life Migration can assess whether another partner visa strategy may be available, including whether an offshore Partner Visa Subclass 309 application or another lawful pathway should be considered.

Get Schedule 3 Partner Visa Advice

If you are unlawful, hold a Bridging Visa, have overstayed a previous visa or are concerned that Schedule 3 may affect your partner visa application, obtain advice before lodging.

The timing of your application, your immigration history and the way your circumstances are presented can be extremely important.

Based in Parramatta, Better Life Migration assists Schedule 3 and partner visa clients across Sydney, throughout Australia and overseas through online consultations.

Better Life Migration
Registered Migration Agent—MARN 0530747
Phone: 0415 419 414
Website: www.betterlifemigration.com.au
Address: Suite 511, 118 Church Street, Parramatta NSW 2150

About Preeti D’silva

Preeti D’silva is a Registered Migration Agent with 21 years of experience in Australian immigration. As Principal of Better Life Migration, she has assisted individuals, couples and families with partner visas, Schedule 3 issues and complex immigration matters.

MARN 0530747 | QAEC Q161

This article provides general information only and does not constitute migration advice. Schedule 3 and partner visa matters are assessed individually. Previous successful outcomes do not guarantee the outcome of another application.