The schedule 3 partner visa relates to Schedule 3 of the Migration Regulations (1994). Schedule 3 makes it compulsory for a visa applicant to hold a valid “substantive” visa at the time of application. If they do not hold a substantive visa at the time of the visa application, no more than 28 days should have elapsed since they last held a substantive visa.
Moreover, it states that that if you lack a substantive visa in Australia when applying for a partner visa, you may still qualify for visa approval by meeting the criteria outlined in Schedule 3.
The absence of a substantive visa encompasses scenarios where you are in possession of a bridging visa, criminal justice visa, or an ‘enforcement visa‘. In this article we will go over the schedule 3 in partner visa. If you wish to know more about criminal justice visa, click here. Read about bridging visa here. Read about enforcement visa here.
To read about this topic in further detail, click here.
What Is Schedule 3 Partner Visa?
Essentially, the Schedule 3 criteria enables unauthorised non-citizens to submit visa applications within Australia based on compassionate or compelling circumstances, rather than requiring them to depart the country for offshore application.
The purpose of the Schedule 3 criteria include:
- Encouraging non-citizens with valid reasons to stay in Australia to apply for a new visa before their existing substantive visa expires.
- Discouraging non-citizens from overstaying their lawful visa period in Australia.
- Preventing non-citizens from capitalising on remaining unlawfully in Australia and potentially becoming eligible for a visa while staying without legal authorisation.
Instances arise where non-citizens find themselves without a substantive visa due to uncontrollable situations, as well as cases where compelling circumstances warrant the issuance of a visa for continued stay. Moreover, the grounds must pertain to an Australian citizen or permanent resident, whether an individual or a business entity.
The Partner visa has been a preferred avenue for those who were in an unauthorised status in Australia and were disinclined or unable to return to their home country for applying to an Australian visa. However, there has been a notable number of applications declined based on the inability of the applicant to meet the Schedule 3 criteria.
It’s imperative to ensure the accurate submission of the suitable visa application within the appropriate timeframe and location. This practice not only assists in the thorough assessment of your application but also mitigates the chances of rejection. Navigating the complexities of the Partner visa can be intricate, and if not guided by skilled professionals, it may lead to unfavourable outcomes.
What Is Schedule 3 Partner Visa Criteria?
According to the Migration Regulations, below are the main points:
- If you want to apply for a visa, you need to do it within 28 days from a specific date.
- The specific date depends on your situation, like whether you had a permit before or if you entered the country illegally.
- If you haven’t had a proper visa since September 1, 1994, there are certain reasons and conditions that you need to meet before you can get the visa.
- If you used to have a visa but not anymore, there are also conditions you must meet to be eligible for a new visa.
- The Minister must believe that your situation is beyond your control, and there are strong reasons for giving you a visa.
- You need to show that you’ve followed the rules of any permits or visas you’ve had before, and that you plan to follow the rules of the new visa.
- If you meet the criteria, you can apply for a visa, but you can’t have gotten a visa before using the same reasons.
- These rules don’t apply to previous visas or permits you might have had based on different reasons or regulations.
Schedule 3 Partner Visa Waiver
If you’ve received a “Schedule 3 Request,” you need to ask for an exception to the Schedule 3 criteria if you want visa approval. Usually, you have 28 days to reply to this request. To effectively get an exception from Schedule 3 requirements, you need to demonstrate that there are very important and compassionate situations involving an Australian citizen, an Australian permanent resident, or an Australian business. These situations should be so significant that the person reviewing your case believes that the only option is to waive the Schedule 3 criteria.
What Are Partner Visas Australia?
In Australia, the partner visa allows Australian citizens, permanent residents, or eligible New Zealand citizens to sponsor their foreign partners to live with them in Australia. This visa pathway aims to reunite couples who are in genuine and ongoing relationships.
The partner visa program includes different subclasses, such as:
- Subclass 820 (Temporary) and Subclass 801 (Permanent) Partner Visas: We commonly refer them to as the onshore partner visas. The Subclass 820 visa is a temporary visa that allows the applicant to live in Australia while their permanent partner visa application (Subclass 801) is being processed. To be eligible for these visas, you must be in a genuine de facto relationship or be legally married to an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Subclass 309 (Temporary) and Subclass 100 (Permanent) Partner Visas: These are offshore partner visas for applicants who are outside Australia when they apply. Similar to the onshore partner visas, the Subclass 309 visa is temporary and allows the applicant to enter Australia while the permanent Subclass 100 partner visa is being processed.
Contact Migration Lawyers
Do you need help with partner visa applications? Reach out to our team today. If you are facing visa refusal, our team can help with appeals for onshore partner visa and other valid visa. If you or someone you know is an unlawful non citizen, seek advice immediately.
To summarise, in the context of the partner visa application, there is a concept of “Schedule 3.” Schedule 3 of the Migration Regulations deals with situations where a partner visa applicant is in Australia and their current visa is about to expire or has expired, but they haven’t received their substantive partner visa yet. Schedule 3 outlines certain requirements and considerations for these cases.
If an applicant falls under Schedule 3, they might need to meet additional criteria to be eligible for the partner visa onshore. This might involve:
- demonstrating compelling reasons and compassionate circumstances,
- a genuine intention to be with their partner, and
- a genuine relationship.
The assessment under Schedule 3 ensures that the applicant isn’t taking advantage of the visa system due to an expired visa. For more information, contact our team today.
