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Schedule 3 Partner Visa: What You Need to Know and How to Apply

If you’re applying for a Partner Visa in Australia but don’t currently hold a substantive visa, you’ve likely heard about the Schedule 3 Partner Visa criteria. These additional requirements can feel daunting—but understanding how they work (and when you might qualify for a waiver) can make all the difference in your application’s success.

What Is Schedule 3 in a Partner Visa Application?

Schedule 3 is part of Australia’s Migration Regulations. It applies to Partner Visa applicants who are in Australia but:

  • Are on a Bridging Visa

  • Have overstayed their last visa

  • Or don’t hold a valid visa at all

If you fall into any of these categories when lodging your onshore Partner Visa application, you must either meet the Schedule 3 criteria or successfully request a Schedule 3 waiver.

When Does a Schedule 3 Waiver Apply?

Under the Migration Regulations, two key provisions can allow an exemption from Schedule 3:

  1. Special Visa Categories – If you hold a Diplomatic Visa or a Special Purpose Visa.

  2. Ministerial Discretion – If the Minister for Immigration is satisfied that there are compelling reasons why Schedule 3 should not apply to your case.

What Counts as a ‘Compelling Reason’?

There’s no strict checklist. The Department of Home Affairs assesses each waiver request individually, considering the unique circumstances of the applicant and their partner. However, examples that have been accepted in past cases include:

  1. Genuine, Long-Term Relationship – Demonstrating that you and your partner live together, share finances, and have an ongoing commitment to each other’s future.
  2. Hardship to the Australian Partner – If your partner would face significant emotional, financial, or medical hardship if you had to leave the country.
  3. Best Interests of a Child – If separating you from your partner would negatively impact a child you share, or one who is part of your family unit.
  4. Personal Circumstances – Having deep ties to Australia, such as long-term residence, community involvement, employment, or studies, with minimal connections to your home country.

Why the Story You Tell Matters

A Schedule 3 waiver request is not just about ticking boxes—it’s about presenting a clear, well-documented case that explains why applying the criteria would be harsh or unreasonable. Supporting evidence such as relationship proof, financial records, medical documentation, and statements from family or community members can strengthen your application.

How AIVS Can Help With Your Partner Visa

Facing Schedule 3 can be stressful, but it doesn’t have to mean the end of your Australian journey with your partner. With a thorough understanding of the rules and a carefully prepared case, many applicants successfully obtain a waiver and secure their visa.

If you need professional assistance, it’s worth seeking help from a Registered Migration Agent who can guide you through the process and ensure your case is presented in the strongest possible way.