No one plans to become unlawful in a country they now call home. But for some, love and life take unexpected turns that lead to uncertainty and fear. If you’re living in Australia without a valid visa and want to stay with your partner, the rules can feel overwhelming and harsh. That’s where the Schedule 3 waiver for a partner visa becomes crucial. So, what is a Schedule 3 waiver for a partner visa?
This waiver lets someone in Australia, who’s either unlawful or on a bridging visa, apply for a partner visa without needing to leave the country. It’s granted for compassionate or compelling personal reasons and helps couples stay together, even when visa issues are tricky.
Keep reading to find out how it works and who can apply.
What is a Schedule 3 Waiver for a Partner Visa? An Overview
The Schedule 3 waiver lets someone who is in Australia unlawfully or on a bridging visa apply for a partner visa without having to leave the country. It’s not automatically granted. The applicant must show strong personal reasons, such as a long-term relationship, shared children or other serious commitments.
The waiver helps couples stay together in Australia while maintaining the integrity of the visa system. If approved, it means they can remain in the country while their partner visa is being processed.
Struggling with a Schedule 3 Waiver in Sydney? Let Best Immigration Lawyers Help You Stay Together
If you’re facing visa uncertainty in Sydney due to a Schedule 3 issue, don’t go through it alone. Best Immigration Lawyers has helped countless couples across Australia, including NSW, VIC and QLD, secure their partner visas, even when the odds felt stacked against them.
Our experienced team understands how personal this journey is, and we know exactly how to present your case with the care and strength it deserves. We work closely with you to prepare compelling submissions and navigate complex legal details, so you can focus on your future with peace of mind.
Call us today at 0292830888 or fill out our contact form to get started with the support you need.
What is the Purpose of the Schedule 3 Waiver for a Partner Visa?
The Schedule 3 waiver is a provision in Australian immigration law that allows individuals who do not hold a substantive visa at the time of applying for a partner visa to remain eligible for the visa under certain conditions. Its primary purpose is to maintain the integrity of the immigration system by ensuring that applicants do not exploit the visa process by remaining in Australia unlawfully or on non-substantive visas.
However, the waiver also acknowledges that unforeseen circumstances can lead to individuals becoming unlawful non-citizens. By providing a pathway for these individuals to regularise their status, the Schedule 3 waiver balances the need for immigration control with compassion for genuine cases.
What You Need for a Schedule 3 Waiver
To be considered for a Schedule 3 waiver, applicants must meet specific criteria outlined in the migration regulations. These requirements are designed to assess the validity and circumstances of the applicant’s situation.
- Non-Substantive Visa Holder: The applicant must not hold a substantive visa at the time of applying for a partner visa.
- Time Limits: Applications must be lodged within specific timeframes after the previous visa expired or after becoming unlawful.
- Compelling Reasons: There must be compelling reasons for the applicant’s unlawful status and for granting the visa despite this.
- Compliance with Visa Conditions: The applicant must have complied with the conditions of any previous visas held.
- Intention to Comply: The applicant must intend to comply with the conditions of the partner visa if granted.
What is Criterion 3001 Under Schedule 3?
Criterion 3001 pertains to the timing of the visa application. It requires that the partner visa application be lodged within 28 days of the applicant’s last substantive visa ceasing or from the date they became unlawful. This criterion ensures that applicants act promptly to regularise their immigration status and discourages prolonged periods of unlawful residence in Australia.
What is Criterion 3002 Under Schedule 3?
Criterion 3002 applies to individuals who entered Australia on a diplomatic (subclass 995) visa or a special purpose visa. It requires that the partner visa application be lodged within 12 months of the applicant’s last substantive visa ceasing or from the date they became unlawful. This criterion recognises the unique circumstances of certain visa holders and provides a longer timeframe for them to apply for a partner visa.
What is Criterion 3003 Under Schedule 3?
Criterion 3003 addresses situations where the applicant became an unlawful non-citizen due to factors beyond their control. To satisfy this criterion, the applicant must demonstrate:
- The circumstances leading to their unlawful status were beyond their control.
- There are compelling reasons for granting the partner visa.
- They have complied with the conditions of any previous visas held.
- They intend to comply with the conditions of the partner visa if granted.
This criterion ensures that only those with genuine and unavoidable reasons for their unlawful status are considered for the waiver.
What is Criterion 3004 Under Schedule 3?
Criterion 3004 is similar to Criterion 3003 but applies to applicants who have not held a substantive visa since becoming unlawful. To satisfy this criterion, the applicant must demonstrate:
- The reasons for not holding a substantive visa are beyond their control.
- There are compelling reasons for granting the partner visa.
- They have complied with the conditions of any previous visas held.
- They intend to comply with the conditions of the partner visa if granted.
This criterion ensures that applicants who have been unlawful for extended periods without holding any visa are thoroughly assessed before being granted a waiver.
What to Do After Receiving a Schedule 3 Waiver
Receiving a Schedule 3 waiver is a significant step in the partner visa application process. However, it’s essential to follow through with the necessary actions to ensure a successful outcome.
- Acknowledge the Waiver: Understand the conditions and implications of the waiver granted.
- Gather Documentation: Collect all required documents supporting your partner visa application, including evidence of your relationship and compliance with visa conditions.
- Submit Application Promptly: Lodge your partner visa application within the stipulated time frame to avoid any complications.
- Maintain Compliance: Ensure you adhere to all visa conditions and Australian laws while your application is being processed.
- Seek Professional Advice: Consider consulting a registered migration agent for guidance and to strengthen your application.
- Monitor Application Progress: Stay informed about the status of your application and respond promptly to any requests from the Department of Home Affairs.
Wrapping Up
The Schedule 3 waiver for a partner visa is more than just a technical step in the visa process. It’s often the only hope for couples who want to stay together in Australia despite difficult visa histories. If your situation feels uncertain because of a past visa issue or because you’ve been unlawful for a time, this waiver may be the key to keeping your life and relationship intact.
But time matters. The sooner you understand your eligibility, the better you can prepare your case with the right documentation and evidence. The goal of this waiver is to support those in genuine, committed relationships while maintaining fairness within Australia’s immigration system.
With the right support and a clear plan, you can move from stress to stability and build a future with your partner on solid ground.
