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- Partner Visa Law
Schedule 3 Partner Visa - Lawyers Sydney
Schedule 3 applies to onshore partner visa applicants who are unlawful non-citizens or hold only a Bridging visa at the time of application. It imposes additional criteria that must be satisfied or waived through detailed legal submissions. PromptLaw’s Sydney migration lawyers advise on Schedule 3 obligations, prepare targeted waiver submissions, and manage every stage of your partner visa application.
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- The Criteria
Understanding the Schedule 3 Criteria
Schedule 3 sets out specific criteria that must be addressed for each applicable applicant. The criteria are technical provisions under the Migration Regulations 1994 (Cth). We recommend that the exact legislative wording be confirmed directly with your migration lawyer before any application is lodged, as these provisions are subject to change.
The following is a general overview of the criteria commonly relevant to onshore partner visa applicants. This is general information only and does not constitute legal advice specific to your circumstances.
Criterion 3001 generally requires the applicant to be the holder of a substantive visa at the time of application. Most Schedule 3 applicants will not satisfy this criterion because they are either unlawful or hold only a Bridging visa. Where the criterion is not satisfied, a compelling reasons waiver submission is required.
Criterion 3002
Criterion 3002 is relevant to applicants who hold a Bridging visa at the time of application. Whether this criterion is met depends on the specific circumstances in which the Bridging visa was granted and the applicant’s prior immigration history. A complete review of your visa history is needed to confirm whether this criterion applies and whether it is satisfied.
Criterion 3003
Criterion 3003 generally relates to the applicant’s circumstances at the time of last entry to Australia. The specific requirements under this criterion depend on the applicant’s immigration history and the circumstances of entry. Legal advice should be obtained to confirm whether this criterion is satisfied in your situation.
Compelling Reasons Waiver
Where an applicant does not satisfy one or more Schedule 3 criteria, the Department may still grant the visa if satisfied that there are compelling reasons why the criteria should not apply. Demonstrating compelling reasons requires detailed, well-structured legal submissions supported by evidence. The threshold is significant and the submissions must directly address the specific circumstances of the applicant and their sponsoring partner.
- Who This Applies To
Common Situations Where Schedule 3 Applies
Visa Overstay
The applicant entered Australia on a valid visa and remained after that visa expired without lodging a further application or being granted a Bridging visa. At the time the partner visa application is lodged, the applicant is an unlawful non-citizen and Schedule 3 criteria apply.
Bridging Visa in Certain Circumstances
The applicant holds a Bridging visa at the time of the partner visa application. Whether Schedule 3 applies in this situation, and which criteria must be addressed, depends on the specific circumstances in which the Bridging visa was granted and the applicant’s prior visa history.
The applicant’s previous substantive visa was cancelled, resulting in Bridging visa status or unlawful status. Visa cancellation histories require careful legal assessment, as they may engage additional considerations alongside Schedule 3 criteria.
Unlawful Entry
The applicant entered Australia without a valid visa. These situations require particularly careful legal assessment, and waiver submissions must be prepared with reference to all relevant circumstances.
- Refusal Risks
Why Schedule 3 Partner Visa Applications Are Refused
Schedule 3 matters are among the more complex areas of partner visa law, and the most common grounds for refusal include:
- Compelling reasons not established: The waiver submission does not demonstrate sufficient circumstances to satisfy the Department that unsatisfied criteria should be waived
- Claims not supported by documentary evidence: Assertions about the relationship, hardship, or exceptional circumstances are made without adequate supporting documentation
- Submissions not tailored to the specific criteria: The submission addresses the relationship in general terms rather than addressing each Schedule 3 criterion individually
- Immigration history not disclosed or addressed: Previous visa breaches, cancellations, or character concerns are not proactively addressed
- Relationship evidence insufficient: Even where waiver submissions are accepted, the relationship must also be proven genuine and continuing, and weak evidence on this point can result in refusal on a separate basis
- Inadequate response to Department concerns: Where the Department invites comment before refusing, an incomplete or late response can affect the outcome
- Documentation
Documents Required for a Schedule 3 Partner Visa Application
A Schedule 3 partner visa application requires all standard onshore partner visa documents, along with additional evidence to support the waiver submissions.
Standard Partner Visa Documents
Provide a valid passport, birth certificate, marriage certificate or de facto relationship evidence, police clearance certificates, health examination results, sponsorship documents including Form 40SP, and relationship evidence across all four statutory categories assessed by the Department.
Immigration History Documents
Provide a complete record of your immigration history, including copies of all visas held, any cancellation notices, Bridging visa grant letters, and any previous Department communications relevant to your visa status.
Evidence Supporting the Waiver Submission
Provide documents that directly support each factor relied upon in the Schedule 3 submissions. This may include birth certificates for Australian citizen or permanent resident children, evidence of children's enrolment, medical care, or other Australian connections, joint financial records, shared lease or mortgage documents, and evidence of the sponsor's established life in Australia.
Statutory Declarations
Declarations from friends, family, colleagues, and community members who know you as a couple and can speak to the genuineness of the relationship and the circumstances relevant to the waiver submission.
- Processing Times
Schedule 3 Partner Visa Processing Time Sydney
Processing times vary depending on the complexity of the case and any requests for additional information from the Department. Schedule 3 matters often involve additional assessment steps, and where the Department invites comment before a decision is made, the overall timeline may be extended.
The Department of Home Affairs publishes indicative processing times through its visa processing time guide. These timeframes should always be checked before lodgement because they are not guaranteed decision dates.
Where the Department issues a notice of intention to refuse or invites comment on concerns, the response deadline is strictly enforced. Every file is monitored and responses are prepared promptly.
- Our Process
How PromptLaw Handles Schedule 3 Applications
Legal Assessment
Your full immigration history, visa status, relationship history, and personal circumstances are reviewed to confirm whether Schedule 3 applies, which criteria must be addressed, and the strength of the available compelling reasons. All fees are confirmed in writing before engagement.
Waiver Submission Preparation
A targeted Schedule 3 submission is prepared, addressing each criterion that has not been satisfied. The submission is supported by documentary evidence and structured to clearly present the available grounds for a waiver. This is the most critical component of the application.
Partner Visa Application Preparation
Alongside the Schedule 3 submissions, a comprehensive partner visa application is prepared with relationship evidence across all four statutory categories. Both components must be strong for the visa to be granted.
Lodgement and Monitoring
The application is lodged through ImmiAccount with all supporting submissions and documents. All Department correspondence is managed from that point. You will not need to respond to Department correspondence without legal guidance.
Response to Department Concerns and Outcome
If the Department raises concerns or requests further information, a clear and targeted response is prepared supported by relevant evidence and submissions. If the application is refused, you are advised promptly on review rights at the Administrative Review Tribunal.
- Specialised Legal Support
Difficult Schedule 3 Cases Our Sydney Lawyers Handle
Long-Term Unlawful Presence
The circumstances of the unlawful period, the reasons for remaining in Australia, and the ties established during that period are all relevant to the waiver submission. Each matter is assessed individually and the submission is built around the specific facts.
Previous Visa Cancellations
Where a previous visa was cancelled, those circumstances must be addressed directly in the submissions. Additional character submissions under section 501 of the Migration Act may also be required. These matters require careful and experienced legal handling.
No Australian Citizen or Permanent Resident Children
Where the applicant does not have Australian citizen or permanent resident children, compelling reasons must be established through other factors, including the length and depth of the relationship, the sponsor's circumstances, and the hardship of separation or relocation.
Prior Refusals on Schedule 3 Grounds
A new application after a previous refusal requires a fresh and substantially stronger submission. The grounds of the previous refusal are reviewed and directly addressed in the new legal submissions.
ART Appeals After Refusal
Some refused Schedule 3 partner visa applications may be reviewable at the Administrative Review Tribunal, depending on the applicant's circumstances, visa status, and the details of the refusal decision. Strict time limits apply. Seek advice promptly because review deadlines are strict.
- Why PromptLaw
Why Sydney Clients Choose Our Team
Lawyer-Led Migration Representation
Every Schedule 3 matter is handled by a qualified lawyer or MARA-registered agent with experience in complex partner visa applications. No offshore processing, no junior handoffs, no case managers.
Targeted Schedule 3 Submissions
Waiver submissions are not a form-filling exercise. Each submission is drafted with an understanding of how the Department and the Administrative Review Tribunal assess these matters, and is tailored to the specific facts of each applicant.
Migration and Legal Support Under One Firm
Our team includes both qualified lawyers and MARA-registered migration agents, allowing clients to access migration and legal assistance under one firm. If your matter also involves property, employment, or commercial law, everything is handled without referrals.
Complex and Refusal Capability
The team handles the most difficult Schedule 3 cases, including long-term unlawful presence, prior refusals, visa cancellation histories, and ART appeals. When matters become complicated, the legal capability is already in place.
Fixed Legal Fees
Confirmed in writing before engagement. No hourly billing, no surprises. You know the full cost before work begins.
MARA-Registered Agents and Qualified Migration Lawyers
Your matter is handled by MARA-registered migration agents and qualified migration lawyers throughout. No unregistered agents, no handoffs to junior staff.
- What Our Clients Say
Client Testimonials and Reviews
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- FAQs
Frequently Asked Questions
What is Schedule 3 in relation to a partner visa?
Schedule 3 is a set of additional criteria under the Migration Regulations 1994 that applies to certain onshore partner visa applicants who are unlawful non-citizens or hold only a Bridging visa. Where Schedule 3 applies, the applicant must satisfy each relevant criterion or demonstrate compelling reasons for the Department to waive criteria that are not met.
Does Schedule 3 apply to my partner visa application?
It depends on your current visa status and immigration history. Schedule 3 generally applies where you are unlawful or hold a Bridging visa in certain circumstances. Seek legal advice before lodging, as applying without understanding your Schedule 3 position can result in a preventable refusal.
What are compelling reasons for a Schedule 3 waiver?
Compelling reasons are facts and circumstances that satisfy the Department that it would be appropriate to waive an unsatisfied criterion. They commonly include Australian citizen children, a long-standing genuine relationship, significant Australian ties, hardship to the sponsor, and other exceptional circumstances. Each case is assessed on its own facts.
Can I apply for a partner visa if I have overstayed my visa?
Yes, but Schedule 3 will apply and a waiver submission will be required. Because these applications involve complex legal issues, professional advice can help you understand your obligations and prepare appropriate evidence before lodging.
What happens if my Schedule 3 partner visa application is refused?
Some refused applications may be reviewable at the Administrative Review Tribunal, depending on the circumstances, visa status, and the details of the refusal. Strict time limits apply. Seek advice promptly because review deadlines are strict.
Can I lodge a partner visa if I am on a Bridging visa?
It depends on the type of Bridging visa and how it was granted. Your complete immigration history must be assessed before lodgement to confirm whether Schedule 3 applies and which criteria must be addressed.
How long does a Schedule 3 partner visa take to process?
Processing times vary depending on the complexity of the case and any requests for further information from the Department. Current indicative timeframes should be checked directly with the Department before lodgement, as they are not guaranteed decision dates.
How much does a Schedule 3 partner visa lawyer cost in Sydney?
Fees vary depending on the complexity of your circumstances and the nature of the submissions required. All fees are fixed and confirmed in writing before engagement, with no hourly billing. A full fee breakdown is provided during the initial consultation.
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