Schedule 3 Requirements for Partner Visas

Introduction

If you meet the requirements in Schedule 3 of the Migration Regulations of 1994, even if you do not have a valid visa for Australia at the time your partner visa application is submitted, you may still be granted access. If you have a bridging visa, a criminal justice visa, or an “enforcement visa,” you do not possess a substantive visa. You will need to meet these requirements if you are a non-citizen who is not a legal resident of Australia and does not possess a current visa or bridging visa.

As long as they match the requirements, applicants may apply for a partner visa onshore rather than having to travel abroad and lodge from another country under Schedule 3. This schedule’s primary objective is to persuade candidates to submit applications for a substantive visa before their current visas expire.

It tries to reduce the number of people with inadmissible visas or unauthorized foreigners. If the applicant satisfies Schedule 3’s conditions, the schedule imposes a deadline for filing the partner visa application.

What is Schedule 3?

Schedule 3 of the Migration Regulations 1994 states that when you do not hold a substantive visa in Australia at the time of lodgement of your partner visa, you can still be eligible to be granted the visa if you satisfy the Schedule 3 criteria. You do not hold a substantive visa if you are the holder of a bridging visa, criminal justice visa, or an ‘enforcement visa’.

You will also need to satisfy these criteria if you are an unlawful non-citizen who does not hold a valid visa or bridging visa in Australia.

Schedule 3 allows applicants to apply for a partner visa onshore as long as they meet the criteria instead of having to go offshore and lodge from outside Australia. The main aim of this schedule is to encourage applicants to apply for a substantive visa before their previous visa expires.

It aims to lower the number of persons on non-substantive visas or unlawful non-citizens. If the applicant fits the requirements to fulfill Schedule 3, the schedule enforces a time limit that the applicant must lodge their partner visa within.

What are criteria 3001, 3002, 3003, and 3004 for Schedule 3?

Criteria 3001 of Schedule 3 is that the subsequent visa application must be lodged by the applicant within 28 days of either their substantive or criminal justice visa ceasing or from when they entered Australia unlawfully.

Criteria 3002 of Schedule 3 is that the subsequent visa application must be lodged by the applicant within 12 months of them ceasing to hold a substantive or criminal justice visa or from when they entered Australia unlawfully.

Criteria 3003 of Schedule 3 only applies if the applicant entered Australia unlawfully or did not hold a valid entry permit. If the applicant falls into this category, there are certain requirements that also need to be fulfilled. They include but are not limited to:

The reason they became the holder of a non-substantive visa or unlawful non-citizen was beyond their control;

• The Minister believes there are compelling reasons for the grant of their substantive visa;
• They would have been eligible for an entry permit if they had applied before becoming an unlawful entrant; and
• They agree to comply with all future conditions imposed on their substantive visa.

Criteria 3004 of Schedule 3 applies if the applicant entered Australia unlawfully and has not subsequently been granted a substantive visa. If the applicant falls into this category, there are certain requirements that also need to be fulfilled. They include but are not limited to:

• The reason they do not hold a substantive visa is due to factors which are beyond their control;
• The Minister believes there are compelling reasons for the grant of their substantive visa;
• They complied with the conditions imposed on your previous non-substantive visa or entry permit;
• They would have been eligible for a partner visa (subclass 820) at the time they became an unlawful non-citizen or ceased to hold a non-substantive visa; and
• They agree to comply with all future conditions imposed on your substantive visa.

About Us

Since 1888, we have been offering assistance and support for all types of Visas in Australia. We’ll make sure your application is processed correctly and quickly – so that it meets the requirements necessary to enter this great country! We provide comprehensive solutions to the candidates and support them throughout the entire Visa journey.

Please call our office on 02 9286 8700 or email: ppmail@ppilaw.com.au

Parish Patience Immigration Lawyers is here to assist if you wish to move to Australia as a skilled worker and require professional advice.

Book a Consultation for Expert Advice on subclass 820/801 Visa