Sched 3
Schedule 3 — Unlawful Non-Citizens
A complex set of additional requirements that apply to certain partner visa applicants who were not holding a valid substantive visa at the time of lodgement. Specialist legal advice is essential before taking any steps.
- ⚠️ Complex — specialist advice essential
- Time-sensitive
What Is Schedule 3?
Schedule 3 of the Migration Regulations 1994 sets out additional criteria that apply to certain partner visa applicants — those who were not holding a substantive visa immediately before lodging their application.
In practical terms, this means if your visa had already expired and you were still in Australia at the time you lodged your partner visa — or if you were only holding a Bridging Visa C, D or E — Schedule 3 will apply to your case. When it applies, you must demonstrate compelling reasons for the criteria to be waived. Without a successful waiver, the application will be refused regardless of how genuine the relationship is.
Who Does Schedule 3 Apply To?
- Applicants who were unlawful (no visa) at the time of lodging the partner visa
- Applicants who held only a Bridging Visa C, D, or E when they lodged
- Applicants who held a criminal justice stay visa
Do not attempt this without specialist legal advice. A Schedule 3 argument is detailed, legally complex and entirely dependent on the specific facts of your situation. There is no standard formula — each case requires a carefully constructed argument tailored to your individual circumstances.
What Are "Compelling Reasons"?
The term compelling reasons is not defined in the legislation. It is assessed by the decision-maker on a case-by-case basis, taking into account the full picture of the applicant’s situation. Factors that may carry weight include:
- Australian citizen children, or children who have lived in Australia for 10 or more years
- The length and depth of the relationship and the level of commitment between the parties
- Whether the period of unlawfulness arose through genuine error rather than deliberate action
- The degree of hardship that would result if the applicant were required to leave Australia
- Medical or compassionate circumstances affecting the applicant or their family
- The sponsor’s personal circumstances and level of dependence on the applicant
Because the compelling reasons test is so fact-specific, the strength of the argument depends almost entirely on how it is prepared. Our immigration lawyers assess your situation carefully, identify the most persuasive grounds available to you and construct each Schedule 3 argument individually — giving your application the best possible chance of success.
Contact us today for a confidential assessment.