Applying for an onshore Partner visa (Subclass 820/801) can become more complex if you do not hold a substantive visa at the time of application, particularly if you have had a visa refusal since your last entry to Australia.
In these circumstances, additional requirements under Schedule 3 of the Migration Regulations 1994 may apply. Schedule 3 is designed to address applications lodged by people who are unlawful or who only hold a bridging visa.
Fortunately, the law provides discretion for the Department of Home Affairs to waive these requirements where there are compelling reasons not to apply Schedule 3 criteria, which is commonly known as Schedule 3 waiver.
What are “Compelling Reasons”?
Every case is assessed individually. Factors that may be relevant include:
- The best interests of Australian citizen children
- Serious medical conditions or significant hardship
- Factors outside the applicant’s control that contributed to their immigration history
Importantly, having a genuine de facto or spousal relationship alone does not automatically result in a Schedule 3 waiver. Careful legal submissions and supporting evidence are often critical to a successful outcome.
How We Can Help
At VP Migration Advisory, we understand that Schedule 3 waiver cases are among the most complex partner visa matters. We provide detailed assessments, prepare comprehensive submissions, and work closely with clients to present the strongest possible case.
If you are currently in Australia, do not hold a substantive visa, or have had a visa refusal since your last arrival in Australia, professional advice should be sought before lodging an application, as each case depends heavily on its particular facts and circumstances.
Disclaimer: This information is general in nature and does not constitute legal or Migration law advice. Individual circumstances vary, and professional advice should be obtained before making any visa application.