Schedule 3 Criteria

Schedule 3 Criteria

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Schedule 3 Criteria

Schedule 3 criteria allows unlawful non-citizens to apply for a visa in Australia on compassionate or compelling grounds, instead of being required to depart Australia and apply offshore.

The purpose of the Schedule 3 criteria is to:

Encourage non-citizens who have a legitimate basis for remaining in Australia to apply for a further visa before their current substantive visa ceases.
Discourage non-citizens from remaining in Australia beyond the period of effect of their substantive visa and prevent non-citizens from benefiting by remaining in Australia unlawfully, by possibly acquiring visa eligibility while remaining here without lawful permission.

Partner visa, due to Migration Act s.48 and its assessment criteria, has been the best option to those who had been unlawful in Australia and would not (or unable to) return to their home country to apply for an Australian visa. Yet, applications refused based on the applicant unable to satisfy Schedule 3 criteria has been high, hinting unless you have a strong and touching reason to lodge the visa application onshore, you are likely to get your application refused. Partner visa can be very complicated and, if not in good hands, it could become a disaster.

Schedule 3 criteria waiver:
Department of Home Affairs has changed its policy in relation to Schedule 3 – Criteria 3004. These changes have affected Partner visa (subclass 820/801) for applicants who made/make your application when your substantive has ceased or you were/are the holder of a bridging visa or you were/are an unlawful citizen or the last substantive visa you held contained the Condition 8503 ‘No Further Stay’, at the time of the application.

The policy states:

Criterion 3004 requires that, if an application was made within 28 days after your substantive visa ceasing, you must meet all the following provisions:

(a) You are not the holder of a substantive visa because of factors beyond your control
(b) There are compelling reasons for granting partner visa.
(c) You have complied substantially with any conditions subject to which your last visa was granted.
(d) You intend to comply with any condition subject to which the partner visa is granted.
(e) You would have been entitled to be granted a partner visa had you applied for the visa on the day when you last held a substantive visa.
(f) The last substantive visa you held was not subject to a condition ‘8503 – No Further Stay’.