Applying for an Australian Partner Visa while you are in Australia can be legally complex—particularly if you do not hold a substantive visa at the time of application.
If you are currently on a Bridging Visa or are unlawfully present in Australia, your Partner Visa application may be subject to Schedule 3 of the Migration Regulations 1994. These additional criteria can significantly affect the outcome of your application.
Who Is Affected by Schedule 3?
Schedule 3 applies to applicants who:
• Lodge a Partner Visa application onshore, and
• Do not hold a substantive visa at the time of lodgement.
If Schedule 3 applies, you must satisfy specific legal requirements at the time your application is lodged. Failure to do so can result in an immediate refusal.
The Importance of Expert Legal Advice
Schedule 3 applications are highly technical and unforgiving. The Department of Home Affairs has the discretion to refuse an application outright if the criteria are not met – often without further requests for information.
Given that Partner Visa application fees exceed $9,000, it is critical to obtain tailored legal advice before lodging your application.
Key Schedule 3 Considerations
To overcome Schedule 3 requirements, applicants must generally demonstrate compelling and compassionate circumstances that justify the grant of a Partner Visa while remaining in Australia.
Examples may include, but are not limited to:
• The need to provide ongoing care and support to an Australian partner with a serious medical or psychological condition, or
• The existence of children shared with an Australian partner, where separation would cause significant hardship to the child or family unit.
Each case is assessed on its individual merits, and strong, well-documented evidence is essential.
Strict Lodgement Requirements
Schedule 3 also involves precise administrative and evidentiary obligations. Certain documents and submissions must be included at the time of lodgement. These requirements cannot always be remedied after the application has been submitted.
Even where a relationship is genuine, non-compliance with these procedural requirements can lead to refusal.
How We Can Assist
If you are considering an onshore Partner Visa and Schedule 3 has been raised – or may apply – early legal advice is essential. Our firm provides strategic guidance, clear risk assessments, and tailored solutions to maximise your chances of success.
If you require advice regarding Schedule 3, Partner Visas, or your visa status in Australia, contact our office to arrange a confidential consultation.
