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Schedule 3 Waiver
If you are applying for an Australian visa while you’re unlawful or on a bridging visa (not BVA, BVB, or BVC), you may be subject to Schedule 3 criteria under the Migration Regulations 1994. These rules are strict — and failing to meet them may lead to visa refusal.
However, the Department of Home Affairs can waive Schedule 3 if compelling reasons exist. This is where the Schedule 3 waiver becomes crucial.
Schedule 3 consists of a number of clauses that apply to visa applicants who are unlawful or not holding a substantive visa. The most common clauses include:
💡 If you do not meet these criteria, your visa may still be granted only if the Department waives them based on compelling reasons.
A Schedule 3 waiver is required if:
This issue most commonly arises in:
One of the most common scenarios involves the 820 Partner Visa. If you are in a genuine relationship with an Australian partner but have become unlawful, Schedule 3 criteria still apply.
You must request a waiver by:
Common compelling reasons in partner visa cases include:
The Department assesses each case on its individual merits. Common accepted reasons include:
Note: Compassion alone is not enough. Your reasons must be exceptional and well-supported by evidence.
To maximise your chance of success:
At Jade Immigration Lawyers, we have successfully assisted many clients with Schedule 3 waiver submissions, especially in partner visa cases.
Speak with Jade Immigration Lawyers today – we’re here to help you.
📞 Call us: 0485 907 989
📧 Email: jade@jadeimmigrationlawyers.com.au
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Find answers to common questions about our Schedule 3 Waiver services and processes. If you need further assistance, please contact us.
Your visa can be refused unless you are granted a waiver.
Yes, if you hold a valid bridging visa granted after your substantive visa application.
Not by itself. You must demonstrate compelling consequences if your visa is refused.
Yes, but you must request a Schedule 3 waiver and justify your reasons.
Absolutely. Legal submissions are critical in these cases to present your situation clearly and persuasively.
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