SCHEDULE 3 Waiver

Schedule 3 Waiver

Schedule 3 Waiver

The Skilled Independent Visa Stream (Subclass 189) is a permanent visa. This visa supports invited workers with desirable skills to live and work in Australia on a permanent basis. Additional visa pathways are available for eligible New Zealand citizens and holders of Hong Kong or British National passports.
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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?

What are criteria 3001, 3002, 3003 and 3004 for Schedule 3?

Criteria 3001 of Schedule 3 states that a subsequent visa application must be lodged by the applicant within 28 days of the substantive termination of the visa or illegal entry into Australia.

 

Criteria 3002 of Schedule 3 states that a subsequent visa application must be lodged by the applicant within 12 months of them holding a substantive visa or criminal justice visa or from when they entered Australia unlawfully.

 

Schedule 3 Criteria 3003 applies if:

If the above applies, you will need to meet all of the following requirements:
Criteria 3004 of Schedule 3 applies if the applicant entered Australia unlawfully and has not subsequently been granted a substantive visa. If the applicant falls into this category, there are certain requirements which also need to be fulfilled. They include but are not limited to:

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:

BENEFITS

Visa Benefits

01

You will be able to stay in Australia for up to 4 years and 3 months.

02

You can live and work in Australia throughout the visa period.

03

You get the right to bring eligible family members with you to Australia.

04

You can apply for a permanent visa stream if relevant requirements are met.

FAQS

Frequently Asked Questions

Find quick answers to common questions about our services, processes, and more.

Solve Migration provides a range of immigration services, including visa application assistance, residency and citizenship advice, and expert consultations tailored to individual needs.
You can fill out our online eligibility assessment form on our website. Our team will review your information and provide feedback on your chances of obtaining a visa based on current immigration policies.
Processing times can vary depending on the type of visa and the country you are applying to. Generally, it can take anywhere from a few weeks to several months. We recommend checking the specific timelines on our website or consulting with our experts for more accurate information.
While it is not mandatory to hire a migration consultant, having professional assistance can significantly improve your chances of a successful application by ensuring that all documentation is correctly prepared and submitted.
If your application is rejected, we recommend scheduling a consultation with our team. We can help you understand the reasons for the rejection and discuss possible options for reapplication or appeals.
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