Home >
Services >
Partner Visa >
Schedule 3 Waiver
A Schedule 3 partner visa situation arises when a person applies for a subclass 820 partner visa while they are unlawful or only holding a bridging visa (not from a substantive application). In this case, Schedule 3 criteria for partner visa applicants must be addressed—or the visa must be refused.
However, there is hope: If you meet all the standard partner visa requirements and can demonstrate compelling reasons, the Schedule 3 criteria may be waived.
This pathway is often referred to as a Schedule 3 waiver partner visa application.
Under the Migration Regulations 1994, applicants who are unlawful or on non-substantive visas must satisfy Schedule 3 criteria, including:
For a partner visa Schedule 3 case, these criteria are difficult to meet if there has been a significant period of unlawful stay.
If you don’t meet Schedule 3, the Department can only grant the visa if a Schedule 3 waiver is approved.
Yes. Even if you’re unlawful, you may still apply for an 820 visa provided you:
Common situations where this applies include:
To request a Schedule 3 waiver partner visa, you must show that there are compelling reasons not to apply the Schedule 3 criteria in your case. These must go beyond ordinary hardship or regret.
Acceptable examples of compelling reasons:
Each case is assessed individually by the Department. Your evidence and legal argument must be persuasive and thorough.
When lodging a partner visa affected by Schedule 3, include:
A migration lawyer can help you prepare a strong and convincing submission.
The risk of refusal is high in partner visa Schedule 3 cases without strong legal support.
At Jade Immigration Lawyers, we’ve assisted many clients in overcoming Schedule 3 issues through:
If you’re unlawful and seeking a partner visa, get legal advice before lodging.
| Topic | Details |
|---|---|
| When Schedule 3 applies | Unlawful or on a non-substantive visa |
| Visa affected | Subclass 820 partner visa |
| Key clauses | Clause 3001 and 3004 under Schedule 3 |
| Waiver required? | Yes – if you don’t meet Schedule 3, a waiver is necessary |
| How to get waiver | Show compelling reasons + strong documentation |
Speak with Jade Immigration Lawyers today – we’re here to help you.
📞 Call us: 0485 907 989
📧 Email: jade@jadeimmigrationlawyers.com.au
📝 Submit an online enquiry or
📅 Book a consultation now to get personalised immigration advice from our experienced team. We assist clients across Australia and internationally.
Find answers to common questions about our Schedule 3 Waiver services and processes. If you need further assistance, please contact us.
It refers to a partner visa (usually subclass 820) applied for while the applicant is unlawful or on a bridging visa, requiring a Schedule 3 waiver.
Yes, but you must include a Schedule 3 waiver request in your application.
Australian children, medical conditions, family violence, or sponsor hardship are common examples.
Yes. Without proper documentation and legal submissions, the refusal risk is significantly higher.