Schedule 3 Waivers Australia
What is a Schedule 3 Waiver?
Who Needs a Schedule 3 Waiver in Australia?
Schedule 3 waiver is given to those who are unlawful or have a bridging visa only at the time of applying for the partner visa. Immigration regulations would otherwise make it impossible for these applicants to apply for an onshore visa. However the waiver provides them with an opportunity to stay in Australia with their partner while their application is considered. For couples applying for a partner visa the waiver is particularly relevant if the applicant’s visa has lapsed or if they were in Australia without a valid visa when they applied. Without the waiver these applicants would have to apply offshore in most cases, causing long periods of separation.
The waiver protects families and authentic relationships from being torn apart unnecessarily. Schedule 3 waiver success applications show that there are strong and sympathetic reasons why the applicant should not be required to apply offshore. This could be in relation to caring for an Australian citizen child, caring for a partner who has health conditions or demonstrates significant hardship if separation occurs.
All cases are unique, and one of the key elements that will influence whether you succeed or not is the strength of evidence given. The Schedule 3 waiver, in a nutshell, is a provision used by those with valid reasons to remain in Australia during the partner visa processing period, despite having a complex visa history. Those applicants that are aware of how it works and form a solid case are much more likely to make it.
The Schedule 3 criteria in plain terms
Schedule 3 is part of the Migration Regulations 1994. For an onshore partner visa (subclass 820/801), it applies if you did not hold a substantive visa when you lodged, for example because your visa had expired or you only held a bridging visa. The partner visa criteria point to three Schedule 3 criteria:
| Criterion | What it asks |
|---|---|
| 3001 | The application was made within 28 days after you last held a substantive visa (or last entered Australia unlawfully). |
| 3003 | For people who have not held a substantive visa since 1 September 1994. Rarely relevant now. |
| 3004 | You are without a substantive visa because of factors beyond your control, there are compelling reasons to grant the visa, you substantially complied with the conditions of your last visa and any bridging visa, you would have been eligible for the visa on the day your last substantive visa ended, and you intend to comply with the new visa’s conditions. |
Most people who lodge after more than 28 days without a visa cannot meet 3001, and many cannot show that becoming unlawful was beyond their control. That is where the waiver matters.
Compelling reasons: the test for a Schedule 3 waiver
Under clause 820.211(2)(d)(ii) of the Migration Regulations, the Schedule 3 criteria do not have to be met if the decision maker is satisfied there are compelling reasons for not applying them. “Compelling” is not defined. In practice it means reasons that are strong enough to justify letting you apply in Australia rather than leaving to apply offshore. Matters that commonly carry weight when they are documented include:
- an Australian citizen or permanent resident child of the relationship, and that child’s best interests
- serious illness or disability of the sponsor or applicant, or a caring role the other person depends on
- circumstances that made it unsafe or impossible to leave Australia or to regularise your status earlier
- pregnancy, or medical treatment that cannot be interrupted
- the length and depth of the relationship, combined with the real impact separation would have
A genuine relationship on its own, or the ordinary cost and sadness of applying offshore, is usually not enough. The Full Federal Court has confirmed that compelling reasons can be assessed at the time of the decision, so circumstances that arise after you lodge, such as the birth of a child, can be put forward.
Need Help with a Schedule 3 Waiver?
How to Submit a Schedule 3 Waiver Application
Requesting a Schedule 3 waiver needs to be done with careful planning as there are strict criteria applied by the Department of Home Affairs when they evaluate applications. The process normally starts with a valid partner visa application being lodged. Along with that, the applicant needs to include a detailed explanation on why a waiver should be awarded, backed by proof. The body of a Schedule 3 waiver submission sample will normally include a written statement setting forth the impelling and compassionate reasons for the request.
Supporting documents like medical records, financial statements, proof of relationship and letters from family or community members can help bolster the application more. Each piece of evidence provides further support for why it would be unreasonable to require the applicant to leave Australia. For Schedule 3 waiver partner visa applicants the connection between the compassionate reasons and the welfare of both partners should be clearly presented in the application.
The objective is to convince the decision maker that the presence of the applicant in Australia is justified and desirable despite the applicant failing to satisfy the normal requirements in the Schedule 3. Due to the complexity of this process, not all applicants want to work with migration professionals and prepare a personal submission. A professional approach will not just enhance the quality of the application, but it will also maximize the chances of achieving a favourable outcome under the waiver.
Evidence to submit with a Schedule 3 waiver request
- A detailed chronology of your visa history: every grant, expiry and application, with copies of grant notices and correspondence.
- A personal statement from the applicant explaining how and why you became unlawful or were left without a substantive visa, and why you did not apply sooner.
- A statement from the sponsor about the effect of separation on them and on any children.
- Birth certificates and evidence of the relationship with any children, plus school or childcare records.
- Medical reports, specialist letters or psychologist reports that describe diagnosis, treatment and care needs.
- Financial evidence showing what offshore processing would actually cost the household.
- Evidence of compliance with past visa conditions, such as work and study records.
- Independent statutory declarations from people who know the circumstances.
Every claim of hardship needs a document behind it. A statement that separation would be “very hard” carries little weight without evidence of who would be affected and how.
Timing
Lodge as early as you can. If you can still lodge within 28 days of your last substantive visa ending, criterion 3001 may be met and the waiver argument becomes simpler. Partner visa applications can still be made onshore by people affected by the section 48 bar, but other visa applications usually cannot, so get advice before lodging anything else. After lodgement you will usually be granted a bridging visa while the partner visa is processed, and the Department may write asking for Schedule 3 information. Respond within the time given in that letter.
Increase Your Chances of a Successful Schedule 3 Waiver
Schedule 3 Waiver Success for Partner Visas in Australia
Many applicants are concerned that they will automatically receive a Schedule 3 notice, and that this will automatically result in the refusal of their visa. However, with proper planning, Schedule 3 waiver success is possible. There are plenty of examples of applicants who have won their case and been granted a partner visa even though they were unlawful or on a bridging visa at the time of applying.
For couples who are applying for a Schedule 3 waiver partner visa, a lot comes down to the strength of the evidence and the compelling nature of the submission. Applicants can often get more successful results if they can prove they have real relationships, suffered hardship as a result of the separation, or have a compelling family situation. The most notable success stories often involved young children in families, people with ill partners, or people very rooted in their communities. Each successful case shows how careful attention needs to be paid to every detail.
Applicants who fail to respond to the announcement or provide insufficiently satisfactory evidence are far less competitive. Conversely, those applicants who present well-documented applications, in some cases with the help of a lawyer or migration agent, are much more likely to succeed. Overall, the success of the application of Schedule 3 waivers is determined by whether the applicant has been able to present cogent reasons as to why their leaving Australia would not be in their best interests. With a sympathetic approach to the situation presented using powerful evidence, couples can be approved and continue living their lives in Australia.
Common reasons Schedule 3 waivers fail
- Relying on the relationship being genuine. That answers the partner visa criteria, not Schedule 3.
- No explanation, or an inconsistent explanation, of how the applicant became unlawful and why they stayed.
- Claims of hardship without medical, school or financial evidence to support them.
- A poor compliance history, such as working in breach of conditions, that is not addressed.
- Ignoring the Department’s request for Schedule 3 information, or replying late.
- Not updating the case with new circumstances, such as a child born after lodgement.
If the partner visa is refused on Schedule 3 grounds, the decision can usually be reviewed at the Administrative Review Tribunal within 28 days of notification (14 days in immigration detention). The ART fee for most migration reviews is $3,727 from 1 July 2026. Read our partner visa refusal appeal guide for the steps.
Trusted Migration Agents for Schedule 3 Waiver
At Bullseye Consultants, we understand that applying for a Schedule 3 waiver can be complex and stressful. Our experienced migration agents in Brisbane, led by Amanpreet Bhangoo (MARN 1573884), review your visa history, tell you honestly whether compelling reasons can be shown, prepare the Schedule 3 submission and evidence index, and respond to any Department request. Book a Schedule 3 assessment or call (07) 3519 7009.
Case study three in our migration case studies shows how Schedule 3 criteria were addressed in an onshore partner visa.
If the application is refused despite the Schedule 3 submission, the next step is usually merits review. See ART appeals for the deadlines.
What Schedule 3 asks, and what answers it
| What the criteria look at | What actually satisfies it |
|---|---|
| How you came to be without a substantive visa | A documented chronology: grant notices, expiry dates, correspondence, and an open explanation of any delay |
| Whether the situation was within your control | Evidence of what happened and when, rather than an assertion that it was a misunderstanding |
| Whether you applied within 28 days | Either evidence that you did, or evidence explaining why you could not |
| Whether compelling reasons exist to waive the criteria | Hardship that goes past ordinary inconvenience, tied to specific evidence |
| Effect on an Australian citizen or permanent resident | Medical reports, dependency and caring evidence, financial commitments, statements from the affected person |
| Best interests of any children | School records, care arrangements, evidence of the relationship with the child |
| Whether applying offshore is a realistic alternative | Evidence of what separation would actually cost the household, not a general statement that it would be hard |
Related waivers and bars
Schedule 3 often sits alongside other issues in the same file. Our guides on each:
- Character waivers for applicants who may not pass the section 501 character test
- Health waivers where the health requirement is not met
- Condition 8503 waivers for visitors and other visa holders with a No Further Stay condition
- The section 48 bar after an onshore refusal or cancellation
- Expert guidance on Schedule 3 waiver applications
- Personalized approach tailored to your circumstances
- Proven success with complex immigration cases
- Support through every step of the process
Frequently Asked Questions about Schedule 3 Waivers
What is a Schedule 3 waiver in Australia?
Schedule 3 waiver allows some visa applicants (who generally have become unlawful or are on a bridging visa) to seek a partner visa onshore where they can establish compelling or compassionate circumstances. It aims at preventing unwarranted separation of family members and preserving the sanctity of the immigration laws.
How do I prepare a Schedule 3 waiver submission sample?
A typical sample application is a statement of reasons and evidence, including medical reports, financial statements and evidence of relationship. A professional assistance may help organize the submission in a way that fulfills all the significant legal and immigration specifications
Can I apply for a partner visa with a Schedule 3 waiver?
Yes, unlawful applicants and bridging visa holders may still seek a partner visa provided they are able to demonstrate that there are strong compassionate or compelling reasons to do so. This one allows the couples to remain in Australia until their application is processed.
What factors affect Schedule 3 waiver success?
The life or death of success depends on the relationship quality, the evidence strength, the situation where it is evident that the need to remain in Australia is sufficiently supported. A favorable result is more likely to be obtained in cases that are backed by compassionate grounds and well-established hardship.
What are the Schedule 3 criteria in plain terms?
They are extra requirements that apply when you apply onshore without holding a substantive visa. In practice they ask you to explain how you came to be without a visa and why you should be allowed to apply here rather than offshore.
What counts as compelling reasons to waive Schedule 3?
There is no list. Decision makers look at hardship that goes past ordinary inconvenience, usually to an Australian citizen or permanent resident affected by the outcome. Health, dependency, caring responsibilities and the effect on children carry weight when they are documented.
Does Schedule 3 apply to every onshore partner visa?
No. It applies only if you did not hold a substantive visa when you lodged. If you held a visitor, student, work or other substantive visa on the day you applied, Schedule 3 is not engaged. If you only held a bridging visa, or no visa, it is. Your status on the day of lodgement is what matters.
How long do I have to make a Schedule 3 application?
Schedule 3 generally contemplates applying within 28 days of your last substantive visa ending, or explaining why that did not happen. The longer the delay, the more explanation the submission has to carry.
Does the relationship being genuine satisfy Schedule 3?
No, and this is the most common misunderstanding. A genuine relationship satisfies the partner visa criteria. Schedule 3 is a separate question about your immigration status at lodgement, and it has to be addressed on its own evidence.
What if the Schedule 3 submission is not accepted?
The application is refused, and there is usually a review right at the Administrative Review Tribunal. You have 28 days after notification to apply (14 days in immigration detention), and the fee for most migration reviews is $3,727. The Tribunal can consider the waiver afresh, including evidence that did not exist when the application was lodged.
Is the Schedule 3 waiver the same as a section 48 waiver?
No. The section 48 bar limits which visas you can apply for onshore after a refusal or cancellation, and a partner visa is one of the visas it allows. Schedule 3 is a separate set of criteria inside the partner visa itself. You can be affected by both.
Can I still apply if I have been unlawful for years?
You can lodge, but the waiver will need strong, documented compelling reasons, and the Department will look closely at why you stayed without a visa. Get your visa history checked before lodging.
Latest News & Updates
Which visas can you still apply for under the section 48 bar?
Is this your situation? Section 48 applies to you and you want to know exactly which visa categories you are
Stuck on section 48? Here is what you can still do.
Is this your situation? You have been refused a visa while onshore. Section 48 now prevents you from making most
Other Visa Services
Complete services offered by our registered migration agents
Related guides
Short answers from our registered migration agents to the questions we are asked most.
Bridging visas
- Your Bridging Visa A has expired. What are your options?
- Bridging Visa B travel problems. What can go wrong and how to fix it
- Can you work on a bridging visa in Australia?
- What happens to your bridging visa after a visa refusal?
- Can you get a bridging visa if you are unlawful in Australia?
- How long can you stay in Australia on a bridging visa?