If you are in Australia and apply for a substantive visa (like a Partner visa) while holding a Bridging Visa or no visa at all, you must generally satisfy Schedule 3 criteria. These requirements are designed to encourage people to apply for visas while they still have substantive status.
Meeting the Waiver Threshold
To overcome Schedule 3 hurdles, you must show that there are compelling reasons for not applying while you had a substantive visa. The Department’s interpretation of “compelling” is extremely narrow, often requiring proof of circumstances beyond your control that occurred after your last substantive visa expired.
How We Help
Our strategy focuses on forensic documentation of your history and the drafting of high-level written submissions that align with current case law regarding Schedule 3 waivers.