SCHEDULE 3 Waiver
What is Schedule 3 criteria for a Partner visa?
Schedule 3 criteria allows non-citizens who have been residing in Australia without a substantive visa to apply for a partner visa in Australia on compassionate or compelling grounds. The main aim of Schedule 3 waiver is to lower the number of people on non-substantive visas or unlawful non-citizens. If the applicant fits the requirements to fulfil Schedule 3, the schedule enforces a time limit for the applicant to lodge the partner visa. What are the requirements of Schedule 3 Waiver?
- You are a holder of a Diplomatic (subclass 995) visa or a special purpose visa and when you entered Australia and met detailed requirements found in Schedule 3 criteria 3002;
- You satisfy Schedule 3 criteria 3001, 3003 and 3004. You can be exempted from meeting these criteria if the Minister is satisfied that there are compelling reasons for not applying those criteria.
What are the compelling circumstances for a Schedule 3 Waiver?
Compelling circumstances are assessed individually by the Department of Home Affairs and there is no definition made available in any migration provisions. The Department relies upon a standard definition of compelling meaning the circumstances were brought about by moral necessity. Compelling reasons for granting a substantive visa can be both based on personal circumstances or circumstances of another. Some examples could include:
- The applicant and their partner have an Australian child;
- The Australian partner will suffer if the applicant is not granted the substantive visa; or
- Circumstances which are beyond the control of the applicant, for example, serious illness.
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