Schedule 3 Requirement
/ Waivers

If you’re in Australia without a valid substantive visa—perhaps on a Bridging Visa or unlawful—and you want to lodge a Partner Visa application (Subclass 820/801), you may have to overcome Schedule 3 criteria. The Schedule 3 bar is designed to prevent people from remaining in Australia unlawfully or on temporary visas and then lodging an onshore Partner Visa application unless there are compelling or compassionate circumstances.

What is Schedule 3?​

Schedule 3 sets additional hurdles for applicants who do not hold a substantive visa at the time they apply for a new visa. Typically, this applies if:

• Your last visa expired and you became unlawful;

• You only hold a Bridging Visa); or

• You entered Australia illegally 

Key Schedule 3 Criteria: Partner Visa SC 820/801

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When lodging your onshore Partner Visa, the Department of Home Affairs may assess whether you meet:

• 3001 & 3002: Whether you lodged within strict time limits (often 28 days or 12 months) from the time you became unlawful or your previous visa ended.

• 3003 & 3004: Whether your reasons for becoming unlawful or remaining on a non-substantive visa were beyond your control, and if there are compelling reasons to grant the Partner Visa despite this non-compliance.

If you cannot show that you meet these requirements strictly, you may still proceed if you can prove compelling reasons to have Schedule 3 waived.​

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Compelling Reasons & Waiver

A Schedule 3 waiver can be granted if the Department believes your situation is truly exceptional and beyond your

control. Common examples include:

• Serios illness or incapacity that prevented you from applying earlier or departing Australia

• Australian-citizen child or children whose welfare would be severely impacted by a forced departure

• Unexpected accident or family crisis requiring your onshore presence to provide care.

It's important to note that a genuine relationship alone (which is required for all Partner Visas) and normal emotional hardship due to separation usually are not considered sufficient. The Department's policy aims to discourage deliberate overstaying and encourages those without a substantive visa to leave and apply from overseas unless a clear, compelling circumstance applies.​

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What Happens if Schedule 3 is not Waived ?

If the Department concludes you do not meet Schedule 3 and compelling reasons aren't satisfied, your Partner Visa may be refused. You would then typically have the right to appeal to the ART (Administrative Review Tribunal) if you lodged an application that confers review rights.

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What Happens if Schedule 3 is not Waived ?

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Schedule 3 criteria exist to preserve the integrity of the Partner Visa program by discouraging deliberate non-compliance. Nonetheless, many applicants find themselves in genuine, unforeseen circumstances that led to overstaying or holding only bridging visas. If you’re in that position, it’s crucial to compile strong evidence of compelling reasons that go beyond normal family separation issues.

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Because each case is different—and the stakes are high—it’s wise to consult a professional as soon as possible. Addressing Schedule 3 requirements correctly at the start can save you time, money, and stress down the track.