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Understanding Schedule 3 Requirements for an Onshore Partner Visa
- ICS Marketing
- Feb 25
- 3 min read
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 of the Migration Regulations 1994 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 hold only a Bridging Visa (e.g., you’re awaiting a review at the Administrative Appeals Tribunal); or
You entered Australia illegally (without proper authorization or with a lapsed entry permit).
The purpose is to encourage visa holders to stay compliant, maintain lawful status, and to prevent individuals from intentionally overstaying to gain an onshore advantage.
Key Schedule 3 Criteria
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.
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 might include:
Serious 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.
How the Department Assesses Compelling Reasons
Officers look at:
History of non-compliance: Did you repeatedly ignore visa conditions?
Length of overstay: How long have you been unlawful or on bridging visas?
Efforts to rectify status: Did you promptly try to regain lawful status?
Reasoning: Were factors truly beyond your control, or was it a deliberate choice?
The Department views genuine, long-term relationships and common hardships from separation as “typical” in partner cases. To be compelling, you need circumstances that set your case apart from the usual difficulties.
Conclusion
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.
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.
Note: The abovementioned information is for general information only. It does not constitute legal advice. If you are looking for legal advice, please book an appointment with our registered migration agents.
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