Schedule 3

What is Schedule 3?

Schedule 3 is a set of additional criteria in the Migration Regulations. They apply to some visa applications made in Australia by people who do not hold a substantive visa at the time they apply, for example because they hold only a bridging visa or have no visa at all. The criteria are designed to encourage people to apply for a visa while they still hold a substantive visa.

Schedule 3 most often affects applicants for the onshore partner visa (Subclass 820/801), but it can also apply to other onshore visas, such as some skilled and family visas.

Who is affected

• People whose last substantive visa has expired and who now hold a bridging visa (for example while a review or another application is pending).
• People who are in Australia without a valid visa (unlawful non-citizens).
• People whose visa was cancelled.

Whether Schedule 3 applies, and which criteria, depends on your visa history: when your last substantive visa ended, how long ago that was, whether you entered Australia lawfully, and whether you complied with your visa conditions.

What the criteria look at

• Timing: how soon after you stopped holding a substantive visa you applied.
• Reasons beyond your control: whether you did not hold a substantive visa because of factors outside your control.
• Compliance: whether you entered Australia lawfully and complied with the conditions of your previous visas.
• Intention to comply: whether you would comply with the conditions of the visa you are applying for.

Many people cannot meet these criteria as written. For some visas, including the onshore partner visa, the Schedule 3 criteria do not need to be met if compelling reasons exist for the grant of the visa.

Compelling reasons: the key to these cases

A Schedule 3 application usually succeeds or fails on whether compelling reasons sufficient to address Schedule 3 exist, and how well they are presented. There is no fixed list, and each case depends on its facts. Factors that are often relevant include:

• the length and strength of your relationship with your Australian partner
• Australian citizen or permanent resident children, and their best interests
• the impact on your Australian partner or family if you had to leave Australia to apply
• the reasons you did not hold a substantive visa, and your immigration history
• health, safety, or other circumstances in your home country

Compelling reasons need to be supported by evidence and set out clearly in a written submission. Generic statements rarely succeed.

Common mistakes

• Lodging without addressing Schedule 3 at all, then receiving a request for more information or a refusal.
• Relying on the relationship alone without explaining the immigration history.
• Information that conflicts with earlier visa applications, which can also raise PIC 4020 concerns.
• Waiting too long: some options depend on how recently you held a substantive visa.

How we help

• Assessment: we review your full visa history to work out whether and how Schedule 3 applies, and whether compelling reasons sufficient to address it exist.
• Compelling reasons submission: we gather the evidence and draft a clear, structured submission setting out the compelling circumstances uniquely applicable to your situation.
• Whole application: for partner visas, we prepare the full application so the relationship evidence and Schedule 3 submission support each other.
• Responses and review: requests for information, natural justice letters, and merits review at the Administrative Review Tribunal if refused.

See also: Complex partner visas: Schedule 3 and PIC 4020 · Guide: Applying without a substantive visa

Frequently asked questions

I’m on a bridging visa. Does Schedule 3 apply to me?

It may. It depends on why you hold the bridging visa and when your last substantive visa ended. Get advice before you lodge.

I’m in Australia without a visa. Can I still apply for a partner visa?

In many cases you can lodge the application onshore, but Schedule 3 will usually apply and you will need to show compelling reasons for the grant of the visa. You may also need a bridging visa to stay lawfully while the application is processed.

What if my application is refused on Schedule 3?

You may be able to seek merits review at the Administrative Review Tribunal. Strict time limits apply, so contact us straight away. ART appeals.

Talk to a Registered Migration Agent

Schedule 3 cases depend on the details. Tatsiana Pustavoit (MARN 1800880) will assess your history and the strength of your compelling reasons. Only the Department of Home Affairs can decide a visa application, and no outcome can be guaranteed.