Ultimate guide to winning partner visa schedule 3 criteria

Author: Onederland Consulting
From Rejection to Reunion! The ULTIMATE Guide to Winning Your Schedule 3 Partner Visa Case!

With the right understanding, preparation, and guidance, you can overcome the challenges of the Schedule 3 Criteria and successfully reunite with your partner in Australia. When preparing your Partner Visa application, particularly for the onshore, it’s essential to grasp the significance of the Schedule 3 Criteria. This criterion comes into play if you don’t hold a substantive visa at the time of visa lodgment, such as a Bridging Visa, criminal justice visa, or an "enforcement visa".

You can still submit a Partner Visa application without leaving Australia, even if you’re not a lawful citizen. However, it’s crucial to understand that your application must successfully meet all the additional Schedule 3 Criteria for it to be considered.

The Schedule 3 Criteria serve several purposes, all aimed at maintaining the integrity of the Australian visa system:

  • Urge non-citizens with valid reasons to stay in Australia to apply for a new visa before their existing substantive visa expires.
  • Encourage non-citizens to leave Australia before their valid visa expires.
  • Prevent non-citizens from reaping the benefits of staying in Australia illegally and possibly becoming eligible for a visa while doing so.

If you’re in this situation, find our ultimate guide to winning your Partner Visa Schedule 3 Criteria case below!

What are the Requirements for Schedule 3 Criteria?

When talking about Schedule 3 Criteria, the following two provisions are pertinent:

  • You (the applicant) meet all the conditions listed in Schedule 3 criteria 3002 and have a Diplomatic (subclass 955) or Special Purpose Visa.
  • You (the applicant) also satisfy Schedule 3 criteria 3001, 3003, and 3004. Suppose the Minister is convinced there are strong grounds for not implementing such requirements. In that case, you may be released from meeting these requirements.

But what exactly are criteria 3001, 3002, 3003, and 3004 of Schedule 3 Criteria? We’ve summarised them below:

  • Criteria 3001 of Schedule 3 states that you (the applicant) must file a second visa application within 28 days following the expiration of your original criminal justice or substantive visa or from the date of your unauthorised entry to Australia.
  • Criteria 3002 of Schedule 3 states you (the applicant) must submit a new visa application within a year of ending your possession of a substantive or criminal justice visa or within a year of entering Australia illegally.
  • Criteria 3003 of Schedule 3 comes into effect only in cases where you (the applicant) entered Australia illegally or without a valid entry authorisation. If you fit this description, additional conditions must be met. They consist of, but are not limited to:
    • You agree to abide by all future restrictions placed on your substantive visa;
    • The Minister believes there are compelling reasons for granting you a substantive visa.
    • You would have been eligible for an entry permit had you applied before becoming an illegal non-citizen.
    • The reason you became unlawful non-citizen was due to circumstances beyond your control.
  • Criteria 3004 of Schedule 3 applies if you (the applicant) enter Australia illegally and have yet to be granted a valid visa. If you fit this condition, additional conditions must be met, and those include but not limited to:
    • You do not possess a valid visa because of circumstances outside your control.
    • The Minister believes there are substantial grounds for your substantive visa to be approved.
    • You fulfilled the requirements outlined in your prior entry permission or non-substantive visa.
    • When you ceased to hold a non-substantive visa or become an unlawful non-citizen, you would have qualified for a Partner Visa (subclass 820).
    • You consent to abide by any further requirements placed on your valid visa in the future.
How do you win a Partner Visa Schedule 3 Criteria Case?

You must understand compelling and compassionate reasons to win a Partner Visa Schedule 3 Criteria case. After that, you must understand how to elaborate on them and show them to the Minister so you can pass Criteria 3003 and 3004 of Schedule 3 Criteria.

Don’t worry, as we have explained them in detail below.

What are compelling reasons and situations beyond my control?

As stated in criteria 3003 and 3004 of Schedule 3, you must present compelling reasons and situations beyond your control that force you to be an unlawful citizen. When assessing your Partner Visa application, the Minister will consider these compelling reasons and conditions.

There’s no definite explanation for compelling reasons or situations beyond control. However, the Department uses a standard definition of compelling, which states that the problem arose out of moral necessity.

So, it’s tough to judge compelling reasons or situations beyond your control, as every person’s situation is subjective. But, here are some examples that may clearer the picture:

  • You and your partner have a child together;
  • Your partner (Australian citizen or permanent resident) will suffer mentally or financially if you’re not granted a Partner Visa or
  • You and your partner face situations that are beyond your control, like a terminal illness, etc.
What documents do I need to prove my situation?

The required documents would depend on your situation. But, basically, you will need the following documents to win your Partner Visa Schedule 3 Criteria case:

  • Evidence of your ongoing relationship with your partner (the more, the better) like photos together, history of communication, record of joint travels, etc.;
  • Evidence of your last substantive visa or your first entry to Australia, like your Visa Grant letter or visa stamped on your passport;
  • Evidence of the situations that are beyond your control, such as a medical letter from your doctor stating that you were in an accident and forbidding you to lodge a substantive visa to extend your stay;
  • Evidence of compelling reasons, such as the birth certificate of your child or medical letter stating your partner is suffering from an illness that requires your care, etc.

The above list is only for general advice. We strongly advise you to get professional advice from a Registered Migration Agent, considering each person’s situation is unique and requires a tailored approach. We value your circumstances and will work closely with you to ensure the best outcome for your Partner Visa Schedule 3 Criteria case. Contact us for details.

What is the Process for Responding to Schedule 3 Criteria in my Partner’s Visa Application?

To win the Schedule 3 Criteria in your Partner Visa application, you must follow these steps:

Step 1: Assess your compelling reasons and situations with a Registered Migration Agent

As mentioned above, compelling reasons and situations are very subjective. It’s best to assess your situation with a Registered Migration Agent like ONEderland Consulting, a trusted and experienced partner in the Australian migration program for over a decade. With our deep understanding of the Department of Home Affairs criteria, we can provide you with the most accurate and practical guidance.

Step 2: Gather all supporting documents to support your claims

After assessing your situation, you can gather all supporting documents to support your claims. Refer to the documents listed above or book a private consultation session with our Registered Migration Agent to get a personalised checklist tailored to your situation.

Step 3: Compile all documents and information into a well-written submission

It’s not mandatory, but ONEderland Consulting has successfully won a Partner Visa with Schedule 3 Criteria case by compiling all documents and information into a well-written submission.

The submission will help the Department of Home Affairs in understanding your situation in perfect sequence. But you must ensure the submission is well written and explains everything properly. You can begin with how you entered Australia for the first time, then how the first situations beyond your control disabled you from extending your stay correctly, to the moment you began a relationship with your partner and that both of you could not be separated due to compelling reasons.

Step 4: Submit all documents to your online Partner Visa application

After gathering all documents and information, submit them to your online Partner Visa application. Ensure that you submit the documents before the deadline. If you need more time to collect the documents, always ask for an extension from the Department of Home Affairs.

Step 5: Continue uploading evidence of your ongoing relationship while waiting for a decision

You must continue uploading evidence of your ongoing relationship while waiting for the decision for your Partner Visa application. It would be significant evidence that you and your partner are committed to a shared life, which is crucial for a Partner Visa application.

What happens if the Schedule 3 Criteria Waiver is not successful?

If the Schedule 3 Criteria waiver case is unsuccessful, your Partner Visa application will be refused. You can review the decision with the Administrative Appeals Tribunal (AAT) at this stage. However, an additional charge of AUD 3,374 applies to submit the review application.

Your primary responsibility would remain the same: you must demonstrate compelling reasons for granting the Partner Visa. Otherwise, the AAT may affirm the decision, which means they would not change the refusal set by the Department of Home Affairs.

Now, you understand how complex it is to win your Partner Visa with Schedule 3 Criteria. But rest assured. A private consultation session with our Registered Migration Agent will help you win the Partner Visa with Schedule 3 criteria case. If you’re unhappy with our service, we guarantee a 100% refund for our consultation session. We are experts in complicated cases with a 98% success rate.