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Schedule 3 Partner Visa

Who is eligible for a Schedule 3 Partner visa application?

Schedule 3 of the Migration Regulations 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 current 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 waiver or criteria waived. A substantive visa is one that is not a bridging visa, criminal justice visa, or enforcement visa.

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澳洲移民律師的差異

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What is a Schedule 3 Partner visa?

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 are met or if they can demonstrate other compelling circumstances or reasons for waiving the requirement to satisfy all Schedule 3 criteria. The Schedule 3 criteria specify additional criteria for the onshore partner visa for programme applicants who do not hold a substantive visa or are unlawful.

Eligibility requirements for Schedule 3 Partner visa

Under the partner visa program, the applicant who falls under the Schedule 3 criteria must satisfy one of the following requirements to be eligible for a grant of an onshore partner visa:

  • Hold a diplomatic visa (Subclass 995) or a special purpose visa or 
  • Satisfy the Schedule 3 criteria further discussed below or
  • Provide compelling reasons as to why the applicant should be permitted to remain onshore

Schedule 3 criteria include:

  • 3001 - the application is made within 28 days of the expiry of the applicant’s last substantive visa
  • 3003 - criteria relating to illegal entrants prior to 31 August 1994
  • 3004 - the applicant does not hold a substantive visa for factors beyond their control, and there are compelling circumstances to grant the visa; the applicant must also demonstrate that they have substantially complied with the conditions of their previous substantive visa
  • The applicant can demonstrate that they would have otherwise been entitled to be granted a substantive visa if they had applied for one within the limited period
  • The applicant can demonstrate that they intend to comply with all future substantive visa conditions
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瞭解有關伴侶簽證要求的更多資訊

Benefits of the Schedule 3 Partner visa

Despite the high threshold to satisfy Schedule 3 waiver criteria (or otherwise seek a Schedule 3 waiver due to the requirement to satisfy them), obtaining a Partner visa under the waiver provisions of the Schedule 3 waiver has its benefits.

  • It allows applicants to apply for a partner visa onshore without the need to leave Australia to apply for an offshore Partner visa so long as the criteria are met. 
  • It provides a limited opportunity for individuals to still be eligible to apply for a partner visa despite not being a holder of a substantive visa or an unlawful non-citizen.

Schedule 3 Partner visa checklist

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: 

  • 護照
  • 完整的出生證明 
  • 駕駛執照(如適用) 
  • Marriage Certificate (if applicable) 
  • 離婚證(如適用)
  • 澳大利亞無犯罪記錄證明 
  • Overseas police clearance certificate
  • 關係的財務方面的證據 
  • 家庭性質的證據 
  • 關係的社會方面的證據 
  • 承諾性質的證據
  • Statutory declaration
  • Report from medical practitioner
  • Report from psychologist

How the Schedule 3 Partner visa works

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 compelling reasons to the Department of Home Affairs as noted above. The additional information that is required means that it is encouraged that a lawyer prepare 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.

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Future visa pathways after a Schedule 3 Partner visa

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.

Benefits of using an immigration lawyer for your Schedule 3 Partner visa application

The team at Australian Migration Lawyers has 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.

  • The team at Australian Migration Lawyers is made up of qualified Australian lawyers who draw on their knowledge of relevant legislation and case law in advising you on your Partner visa application and other migration options and strategies available to you.
  • As lawyers, we ensure that your Partner visa application is compliant with all legislative requirements for the grant of a Partner visa.
  • We assist you with preparing your application all the way through to the grant of your visa, including working with you to action any additional requests from the Department of Home Affairs.

Schedule 3 Partner visa costs

There are two main costs associated with Schedule 3 Partner visas:

  • 專業費用 

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 installment payment plans in some instances to provide flexibility for our clients. 

與我們的合格律師預約諮詢,取得報價。

  • 部門費用 

The current fee for the Department of Home Affairs in relation to Partner visa applications is $9095 (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 a debit/credit card, PayPal, UnionPay and BPAY.

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預約諮詢

Processing times for Schedule 3 Partner visa applications

The processing times for a standard partner visa can 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.

Conditions of a Schedule 3 Partner visa

To apply for a Partner visa, the following visa conditions must be met.

  • Both the applicant and sponsor must be over 18 years of age
  • The sponsor must be an Australian citizen, a permanent resident of Australia, or an eligible New Zealand citizen
  • Both the applicant and sponsor must have been in a de facto relationship for at least 12 months 
  • Meet the requirements provided in the checklist above

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常見問題

Read our most commonly asked questions about Schedule 3 partner visas.

What are factors beyond the applicant’s control within the content of a Schedule 3 application?

Factors beyond the applicant’s control may include, for example, circumstances such as a severe illness and a serious accident. It is strongly advisable that you speak with an Australian Migration Lawyer to discuss your personal circumstances. 

What are compelling reasons within the context of a Schedule 3 application?

Compelling and 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: 

  • There is an Australian child in the relationship
  • That an Australian citizen will suffer were the substantive visa not granted
  • Serious illness, including mental health (e.g., serious depression)

What is the likelihood of the Department of Home Affairs granting my visa application in relation to Schedule 3?

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. 

What should you do if you no longer hold a substantive visa and want to apply for a partner visa?

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.

關於內容作者

Perry Q Wood
Perry Q Wood
合夥人 - 主要移民律師

Perry Q Wood 是澳洲行政法學會前任會長,也是澳洲頂尖的行政和移民律師之一。迄今為止,他已參與 1,000 多項移民和難民事宜。

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