Partner Visas and Schedule 3 Criteria - Does it apply to you?

It is not uncommon for Australians to commence relationships with citizens of other countries who are temporarily working or studying here. In many instances, these develop into long standing relationships with the desire to remain together. Some of these couples will have want to remain in Australia and are planning to apply for a partner visa.

But what happens if the visa applicant has overstayed their last substantive visa and they have become an unlawful non-citizen. Or what if they are currently holding a bridging visa because they have had a visa application refused in the past and are now waiting for an outcome from the Administrative Appeals Tribunal.

In these circumstances, making an application for a Partner Visa in Australia becomes particularly difficult because additional Schedule 3 Criteria must be met by the applicant. The good news is that Schedule 3 criteria can be waived if the visa applicant can demonstrate:

(a) they are not a holder of a substantive visa because of factors beyond their control;

(b) there are compelling and compassionate reasons for granting the visa; and

(c) they have complied substantially with the conditions that apply or applied to previous entry permits or substantive visas; and

(d) they would have been entitled to be granted a partner visa had you applied for the visa on the day when you last held a substantive visa.

Unfortunately, that said most applications refused based upon the applicant’s inability to satisfy Schedule 3 criteria has been high over the past few years, so unless you have a strong compelling and touching reason to lodge the visa application onshore, it is likely that your application will be refused.

Luckily for you though, we have successfully helped many clients overcome Schedule 3 issues. Some factors that we have used in the past that may also help you win an argument of compelling circumstances may include:

* If the applicant and sponsor have biological children (Australian Citizens) and what impact a separation would have on their health and well-being

* If the sponsor has any ongoing health issues and is reliant on the sponsor for support

* The degree of financial and emotional hardship that would be caused should the applicant need to depart and re-apply from outside Australia

* If there has been some unforeseen accident/injury/illness to an Australian family member which has led to the current situation.

* Whether the applicant and sponsor have commenced medical treatments together such as IVF.

Most importantly, we understand that every relationship is different, and so are the circumstances that may have led you to become unlawful or holding a Bridging visa. So if you are in a genuine long-standing relationship (for more than two years), where there are compelling and compassionate circumstances in relation to an Australian citizen/permanent resident, please do not hesitate to contact us.

We are experienced in understanding and highlighting your difficult situations to tip the scale in your favour.