Schedule 3

Eligibility for a Schedule 3 Application

Schedule 3 of the Migration Regulations 1994 applies to individuals who are either unlawful non-citizens or do not hold a substantive visa at the time of lodging their visa application.

If you do not hold a substantive visa, you may still be eligible to apply for a valid visa, such as a Partner visa, provided you meet the criteria outlined under Schedule 3. Alternatively, you may be able to demonstrate compelling reasons to request a waiver of the Schedule 3 requirements.

A substantive visa refers to any visa that is not a:

  • Bridging visa
  • Criminal justice visa
  • Enforcement visa

Understanding and navigating the Schedule 3 requirements can be complex. Seeking professional assistance can help you explore your options and improve your chances of a successful application.

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What is a Schedule 3 Partner Visa?

A Schedule 3 Partner visa allows individuals who do not hold a substantive visa or are unlawfully present in Australia to apply for an onshore partner visa, provided they meet the Schedule 3 criteria or can demonstrate compelling reasons to waive the requirement to satisfy these criteria. Schedule 3 outlines additional eligibility conditions for applicants in such situations.

Eligibility Requirements for a Schedule 3 Partner Visa

Applicants under Schedule 3 must meet one of the following conditions to qualify for an onshore partner visa:

  1. Hold a diplomatic visa (Subclass 995) or a special purpose visa, or
  2. Fulfill the Schedule 3 criteria outlined below, or
  3. Provide compelling reasons for being allowed to remain onshore without meeting all Schedule 3 requirements.

Schedule 3 Criteria

  1. 3001: The application must be lodged within 28 days after the expiration of the applicant’s last substantive visa.
  2. 3003: Addresses criteria for individuals who entered Australia unlawfully before 31 August 1994.
  3. 3004:
    • The applicant is without a substantive visa due to factors beyond their control, and compelling circumstances exist to justify granting the visa.
    • The applicant must demonstrate substantial compliance with the conditions of their previous substantive visa.
    • Evidence must show that the applicant would have been eligible for a visa had they applied within the allowed timeframe.
    • The applicant must show an intention to comply with all future visa conditions.

Understanding and meeting the requirements for a Schedule 3 Partner visa can be complex. It is essential to seek professional migration advice to navigate these regulations and present a strong case.

Benefits of the Schedule 3 Partner Visa

Although meeting the Schedule 3 criteria or obtaining a waiver can be challenging, applying for a Partner visa under Schedule 3 offers several advantages:

  • Onshore Application: It enables applicants to lodge their Partner visa application from within Australia, avoiding the need to leave the country to apply for an offshore Partner visa, provided the criteria are met.
  • Eligibility for Non-Substantive Visa Holders: It offers a pathway for individuals who do not hold a substantive visa or are unlawful non-citizens to still qualify for a Partner visa.

These benefits provide a valuable opportunity for eligible individuals to remain in Australia while navigating the visa process.

How the Schedule 3 Partner Visa Works

Applying for a Schedule 3 Partner visa requires lodging a Partner visa application along with additional evidence to satisfy the Schedule 3 criteria or to demonstrate compelling reasons for a waiver. Due to the complexity of the additional requirements, it is strongly recommended to have a lawyer assist with preparing the application, as insufficient evidence can lead to delays or refusals.

Navigating the Schedule 3 requirements and presenting compelling reasons can be a challenging process. Consulting with an experienced migration professional can help ensure your application is comprehensive and well-prepared.

Future Visa Pathways

Once a Partner visa is granted, applicants typically receive a Temporary Partner visa (Subclass 820). This visa allows them to:

  • Live, work, and study in Australia
  • Access Australia’s public healthcare system
  • Travel in and out of the country

The Subclass 820 visa remains valid until the applicant qualifies for and is granted a Permanent Partner visa (Subclass 801).

Benefits of Using an Immigration Lawyer

At Expert Migration Lawyer, our team brings extensive experience and expertise to every case. With a strong track record of success in Partner visa applications, including challenging cases like Schedule 3 Partner visas, we are dedicated to guiding clients through the complexities of the process.

Why Choose Expert Migration Lawyer?

  • Expertise in Complex Cases: Schedule 3 Partner visa cases are rarely straightforward, but our professional team thrives on handling complex situations and providing effective solutions.
  • Qualified Legal Professionals: Our team consists of Australian-qualified lawyers who leverage their in-depth understanding of migration law, legislation, and case law to provide tailored advice for your Partner visa application and other migration strategies.
  • Compliance and Accuracy: We ensure that your Partner visa application meets all legislative requirements, significantly improving your chances of a successful outcome.
  • End-to-End Support: From initial preparation to visa grant, we assist you at every step, including responding to any additional requests or requirements from the Department of Home Affairs.

Trusting a qualified and experienced immigration lawyer ensures your case is handled professionally, giving you confidence and peace of mind throughout the process.

Processing Times

The processing times for a standard Partner visa can vary, but Schedule 3 Partner visas often take longer due to the additional requirements and complexity of the application. To minimize the risk of delays or visa refusal, seeking professional advice is highly recommended. A refusal can significantly extend the overall processing time.

Conditions

To apply for a Partner visa, the following conditions must be met:

  • Both the applicant and the sponsor must be at least 18 years old.
  • The sponsor must be an Australian citizen, a permanent resident, or an eligible New Zealand citizen.
  • The applicant and sponsor must have been in a de facto relationship for at least 12 months.
  • All requirements outlined in the application checklist must be satisfied.

Ensuring all conditions are met and preparing a thorough application can help streamline the process and improve the chances of success.

How Expert Migration Lawyer Can Help You

At Expert Migration Lawyer, we understand the sensitive and challenging nature of family violence cases. Our team is committed to providing compassionate and professional legal assistance to ensure your safety and support your visa application process.

Here’s how we can help you:

1. Confidential and Secure Guidance

We prioritize your safety and confidentiality throughout the process. Our team handles your case with the utmost discretion, ensuring that your information remains secure.

2. Tailored Migration Advice

Every case is unique, and we take the time to understand your specific situation. Our migration lawyers provide personalized advice to help you identify the most suitable visa options based on your circumstances.

3. Comprehensive Documentation Support

We assist you in collecting and organizing the necessary evidence and documents to strengthen your family violence claim. This includes police reports, medical records, and affidavits from witnesses or support services.

4. Preparation of Submissions

Our team prepares detailed submissions to the Department of Home Affairs, clearly explaining your experiences and circumstances to support your claim effectively.

5. Advocacy and Representation

We act as your representative, ensuring that all communication with the Department of Home Affairs is handled professionally. Our team is experienced in responding to requests for additional information and addressing any concerns raised by the Department.

6. Alternative Visa Pathways

If you are not eligible for a permanent Partner visa after a relationship breakdown, we explore alternative visa pathways for you and your family. This includes evaluating your eligibility for other types of visas that align with your goals and circumstances.

7. Ongoing Support

From start to finish, we stand by your side. Our goal is to provide you with clarity, confidence, and expert guidance throughout the process, helping you achieve the best possible outcome for your case.

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