Schedule 3 is a set of additional criteria in the Migration Regulations 1994 (Cth) that applies to onshore partner visa applicants who do not hold a substantive visa at the time they lodge their application. A substantive visa is any visa other than a bridging visa, criminal justice visa, or enforcement visa. If you are in Australia on a bridging visa, have overstayed your visa, or entered Australia unlawfully, Schedule 3 applies to your partner visa application.
Meeting the standard criteria If you lodge your partner visa application within 28 days of your last substantive visa ceasing, you may meet the standard Schedule 3 timing requirement without needing a waiver. Whether you satisfy the remaining criteria depends on how your visa status arose. We assess this at the initial consultation.
The compelling reasons waiver If you cannot meet the standard criteria, you must satisfy the Department of Home Affairs that there are compelling reasons for not applying them to your application. Compelling reasons are not defined in the legislation. They are assessed individually by the Department on the full circumstances of each case, including circumstances that arise up to the time of the decision, not just at the time of lodgement.
We can help you if:
Schedule 3 eligibility depends on how your visa status arose and how long you have been without a substantive visa. The legal framework has two pathways: meeting the standard criteria or seeking a waiver.
Compelling reasons are not defined in the Migration Regulations 1994 (Cth). The Department of Home Affairs assesses them case by case on all the circumstances available at the time of decision, not just the circumstances at the time of lodgement. Circumstances that courts have recognised as potentially relevant include significant hardship to the Australian partner or dependent children if the applicant is required to leave Australia, the applicant's unlawful status arising from circumstances genuinely outside their control, serious illness or incapacity, and the length and nature of the relationship. No category of circumstances automatically qualifies. The strength of a compelling reasons submission depends on the specific facts, the evidence supporting them, and how those facts are presented in legal submissions. We assess whether your circumstances support a waiver before any application is lodged regardless of where in Australia your sponsor is based.
Every Schedule 3 partner visa application is assessed against whether you meet the standard Schedule 3 criteria or whether compelling reasons exist for those criteria not to apply, and whether the underlying partner visa criteria are also satisfied. Both must be addressed before lodgement.
The strength of your application depends on how well each area is covered. The sponsor must also submit a separate sponsorship application at the same time. We advise on exactly what is required for your specific circumstances at the initial consultation.
Requirements vary depending on your specific circumstances. We confirm exactly what is needed at the initial consultation.
"We had already tried to put our application together ourselves and quickly realised how much we were missing. Partner Visa Lawyers reviewed everything, identified the gaps in our evidence, and lodged a complete application within weeks. We felt in control of the process for the first time."
"My situation was complicated. I had a previous visa refusal and my partner and I had spent long periods apart due to work. They understood the risks upfront, built submissions that addressed them directly, and kept us informed at every stage."
"The advice was specific, practical, and honest. We knew exactly what the Department would be looking for and what we needed to provide. No surprises. Just clear legal guidance from people who know partner visas inside out."
In addition to the government application charge, most applicants will incur other costs as part of the process, including health examinations, police clearance certificates, and document translation where applicable. These vary depending on your individual circumstances and country of origin. Contact us for a full cost overview tailored to your situation.
Schedule 3 partner visa applications require individual assessment of the compelling reasons waiver and generally take longer to process than standard partner visa applications. The timeframes below are based on the Department of Home Affairs published percentile data for the Subclass 820 and 801 stages and should be treated as a general guide only for Schedule 3 matters.
