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Schedule 3 Waivers
Understanding Schedule 3 Criteria for Onshore Partner Visas
If you’re considering applying for a partner visa onshore in Australia, it’s crucial to be aware of Schedule 3 criteria and whether they apply to your situation. Failure to understand these requirements can result in a Schedule 3 partner visa refusal. At Emigrate Lawyers, we ensure you are fully informed about all necessary criteria before you apply for any visa, including a partner visa.
What Are Schedule 3 Criteria for a Partner Visa?
Schedule 3 of the Migration Regulations 1994 imposes additional criteria for visa applicants who are in Australia and are unlawful non-citizens or who only hold a bridging visa at the time of application. This regulation allows certain partner visa applicants who are unlawfully in Australia to regularise their status if compelling reasons exist. It also applies to applicants holding a bridging visa
Key Aspects of Schedule 3 Criteria:
Criterion 3001: Requires the visa application to be lodged within 28 days after becoming unlawful or after entering Australia unlawfully.
Criterion 3002: Similar to 3001 but extends the application period to 12 months.
Criterion 3003 and 3004: These criteria apply if the applicant became unlawful due to factors beyond their control and there are compelling reasons for granting the visa. The Department will assess each applicant’s circumstances individually.
Compelling Reasons for Visa Grant
Compelling reasons may include compassionate factors, personal circumstances, or circumstances beyond the applicant’s control, such as serious illness. These reasons must be strong enough to warrant a waiver of Schedule 3 criteria.
Compelling Reasons for Visa Grant
Compelling reasons may include compassionate factors, personal circumstances, or circumstances beyond the applicant’s control, such as serious illness. These reasons must be strong enough to warrant a waiver of Schedule 3 criteria.
What Happens If Schedule 3 Criteria Are Not Met?
If Schedule 3 criteria are not satisfied and the Department does not waive these requirements, the visa will be refused. This can result in loss of application charges, wasted time, potential bars on future visa applications, and difficulty in obtaining future visa approvals.
Options After a Schedule 3 Partner Visa Refusal
If your visa is refused, you may have several options, including:
Applying for a new visa onshore
Leaving Australia to apply for a visa offshore
Appealing the decision to the Administrative Appeals Tribunal (AAT)
Seeking judicial review or Ministerial intervention
At Emigrate Lawyers, we provide comprehensive guides and personalized advice to help you understand your options and navigate the appeals process.
Get Expert Legal Advice
Navigating the complexities of Schedule 3 criteria can be challenging. Our experienced team at Emigrate Lawyers is here to help you understand your rights and options. Contact us today for expert advice and support to ensure your partner visa application is successful.
For more detailed information or to discuss your specific situation, contact Emigrate Lawyers. Our dedicated team is ready to assist you in achieving your migration goals.