
Schedule 3
Understanding Schedule 3 Criteria for Onshore Partner Visas
Schedule 3 typically applies to individuals applying for an onshore partner visa, such as the 820/801 partner visa. If you are applying for this visa while holding a Bridging Visa or if you are an unlawful non-citizen (meaning you do not hold any valid visa), you will need to demonstrate that compassionate and compelling circumstances exist in order to meet the Schedule 3 criteria.
What is Schedule 3 of the Migration Act?
Schedule 3 refers to specific criteria under the Migration Act 1958, which applies when you are seeking to apply for a partner visa while in Australia on a Bridging Visa or as an unlawful non-citizen. To be granted a visa under these circumstances, you must provide sufficient evidence that there are compassionate and compelling reasons to approve your application.
When Does Schedule 3 Apply?
Schedule 3 criteria typically come into play when you apply for a partner visa under the following circumstances:
- You are on a Bridging Visa and seeking to transition to a partner visa.
- You are an unlawful non-citizen, meaning you are in Australia without a valid visa.
In both cases, the Department of Home Affairs requires you to prove that your situation is exceptional and deserving of a partner visa grant despite not meeting the standard entry requirements.
The Challenges of Schedule 3 Submissions
Navigating Schedule 3 can be complex and requires a comprehensive approach. It involves:
- Thoroughly analyzing the relevant case law and regulations.
- Persuasively presenting your case to Immigration authorities to demonstrate your compassionate and compelling circumstances.
Given the complexity of Schedule 3 applications, professional guidance is often necessary to ensure a successful outcome.
How We Can Help
With extensive experience in handling Schedule 3 submissions, we have successfully assisted many clients in obtaining their partner visas and achieving permanent residency. Our team can help guide you through this intricate process, ensuring your application meets all the necessary criteria.
Contact Us for Assistance
If you need help with a Schedule 3 submission or have questions about your partner visa application, contact us at xxx or via email at xxx.
Disclaimer
The information provided on this website is intended for general informational purposes and does not constitute immigration advice. While we strive to ensure the accuracy of the information, circumstances and immigration laws may change without notice. We recommend consulting a registered migration agent or legal expert to assess your specific situation.
Please note: Any immigration advice provided constitutes assistance in accordance with section 276 of the Migration Act 1958, which pertains exclusively to immigration matters.