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Schedule 3 of the Migration Regulations 1994 applies to visa applicants who no longer hold a substantive visa or are unlawful non-citizens at the time they lodge a visa. If you do not hold a substantive visa, you may be able to apply for a valid visa, such as a Partner visa, if the criteria under Schedule 3 are satisfied or you can demonstrate compelling reasons to have a Schedule 3 criteria waived. A substantive visa is one that is not a bridging visa, criminal justice visa or enforcement visa.
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Applicants who do not hold a substantive visa or are unlawful at the time that they lodge a partner visa may be eligible to apply for an onshore partner visa if the Schedule 3 criteria is met or if they can demonstrate compelling reasons for waiving the requirement to satisfy all Schedule 3 criteria. Schedule 3 specifies additional criteria for visa applicants who do not hold a substantive visa or are unlawful.
A visa applicant who falls under Schedule 3 must satisfy one of the following requirements to be eligible for a grant of an onshore partner visa:
Schedule 3 criteria includes:
Despite the high threshold to satisfy Schedule 3 criteria (or otherwise seek a waiver to the requirement to satisfy them), obtaining a Partner visa under the Schedule has its benefits.
Schedule 3 Partner visa applications require a significant amount of evidentiary documentation to meet the threshold. The Australian government requires the applicant to demonstrate that their relationship is genuine and continuing. The following documents must be provided to support a Schedule 3 partner visa application:
A Schedule 3 Partner visa requires an applicant to lodge a Partner visa application along with additional information and evidence to satisfy the criteria under Schedule 3 or demonstrate to the Department of Home Affairs compelling reasons as noted above. The additional information that is required means that it is encouraged that a lawyer prepares the visa application on the applicant’s behalf as inadequate evidence may delay the process.
Navigating Schedule 3 requirements and demonstrating compelling reasons is challenging at the best of times. We highly advise speaking to one of the Australian Migration Lawyers team members about the process and how we can help you.
Once a Partner visa is granted, the applicant is (typically) on a temporary Partner visa (Subclass 820), which allows the applicant to stay, work, study, travel and apply for access to Australia’s public health care scheme in Australia until the permanent partner visa (Subclass 801) is granted.
The team at Australian Migration Lawyers have a wealth of experience. We have a high success rate for Partner visas and other primary applications, and we do not shy away from complex cases, including Schedule 3 Partner visa cases. These cases are rarely straightforward. They are difficult to navigate and obtain, and our professional legal team can assist you at every step of the way.
There are two main costs associated with Schedule 3 Partner visas:
Fees will vary depending on the circumstances of your application. Some applications will be more complex than others and our fees will be quoted accordingly. Where possible, we work on a fixed-fee basis rather than billing hourly to provide our clients with certainty about what the total costs associated with their Schedule 3 Partner visa application will be. We also offer instalment payment plans in some instances to provide flexibility for our clients.
Book a consultation with one of our qualified lawyers to get a quote.
The current fee for the Department of Home Affairs in relation to Partner visa applications is $8850 (cost payable at the time of lodgement). This fee must be paid upfront and the Department does not accept split payments. Payment can be made using debit/credit card, PayPal, UnionPay and BPAY.
Applying for a visa to Australia can be complex. With help from an Australian Migration Lawyer, we can untangle this complexity, and help you apply for the right visa.
Organise a consultation time to speak with one of our lawyers. You can meet with us in person, via Zoom or telephone. Following this, we will send you paperwork that confirms our engagement to represent you.
We will prepare written submissions in support of your visa application. This will be based on your individual circumstances, and supported by evidence where appropriate.
We submit your application to the relevant body (Department of Home Affairs, courts or tribunal). We will continue to update you concerning the status of your application.
We will keep you informed about your application, and notify you of the outcome. If you receive an unfavourable outcome and we can reapply, we will!
The processing times for a standard partner visa vary. However, Schedule 3 partner visas can take longer to process compared to a standard partner visa application. As such, it is important to seek professional advice to avoid the risk of a visa refusal, as this will cause additional delays.
To apply for a Partner visa, the following conditions must be met.
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We offer professional migration advice and support, no matter where you are based. Those located in Australia have the choice of meeting with us at one of our offices or online, and for those offshore, we are available to you online.
Read our most commonly asked questions about Schedule 3 partner visas .
Factors beyond the applicant’s control may include, for example, circumstances such as a severe illness and serious accident. It is strongly advisable that you speak with an Australian Migration Lawyer to discuss your personal circumstances.
Compelling reasons are not clearly defined in legislation but rather given an ordinary definition of meaning (from the common dictionary) to be ‘brought about by moral necessity’.
Compelling reasons may include, for example:
Every visa application is individually assessed by the Department of Home Affairs. The high threshold of a Schedule 3 Partner visa means that it is important to seek advice from an Australian Migration Lawyer to ensure you put your best case forward.
Such circumstances may give rise to considering a Schedule 3 Partner visa. Due to its complexity, it is highly recommended that you seek professional legal advice from an Australian Migration Lawyer. Our lawyers are experienced in working with complex matters and are able to assess and prepare your matter accordingly to achieve the best outcome.
Perry Q Wood is Immediate Past President of the Australian Institute of Administrative Law and one of Australia’s leading administrative and migration lawyers. To date, he has been involved in 1,000+ migration and refugee matters.
Tell us a little about your situation, and one of our migration lawyers will get back to you as soon as possible.
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