Schedule 3

For many visa subclasses, Schedule 3 (Sch 3) criteria apply. Because of this, you must satisfy Sch 3 requirements in addition to all other ones, for your visa to be granted.

Generally speaking, if Sch 3 applies to your desired visa subclass, ideally you should lodge the application while holding a substantive visa.

What it means that if you lodge a visa application off a bridging visa, or off no visa at all (“unlawful”) the visa cannot be granted, unless you:

  • Either managed to lodge the visa application within a specified period, and can demonstrate compelling and compassionate reasons for the visa grant, or
  • A waiver for Sch 3 is available, and you are able to request the waiver, based on your circumstances.

Some visa subclasses do not have a waiver provision for Sch 3 at all: even if you have the most compelling case, by law the Department of Home Affairs cannot grant you a visa. You would need to consider options for your case.

Sch 3 can be a very complex and overwhelming issue. In Shire Migration, we are experienced with addressing it.

Contact us today for a discussion on Schedule 3 and see how we can help.