Schedule 3 Waiver for Onshore Partner Visa: The 2026 Guide

When Schedule 3 Applies

Schedule 3 applies to a Subclass 820 applicant who is not the holder of a substantive visa at the time of application. Under the Migration Act, a bridging visa is not a substantive visa, so an applicant holding only a bridging visa is covered, as is an applicant whose last visa has expired or been cancelled. In practice, Schedule 3 applies to: (a) applicants who entered on a temporary visa that has since expired (visitor, student, working holiday); (b) applicants who hold only a bridging visa at lodgement; (c) applicants whose last substantive visa was cancelled. A narrow exception applies to people who entered on a Subclass 995 (Diplomatic) visa or as certain special purpose visa holders, who must satisfy criterion 3002 instead. Schedule 3 does NOT apply if you hold a substantive visa when you lodge (for example a student, working holiday or 482 visa).

Schedule 3 Criteria: 3001, 3003, 3004

Clause 820.211(2)(d)(ii) requires an applicant without a substantive visa to satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied there are compelling reasons for not applying them. In summary: (1) Criterion 3001 — the application is validly made within 28 days after the 'relevant day', which for most people is the last day they held a substantive or criminal justice visa, or the day they last entered Australia unlawfully if that is later; (2) Criterion 3003 — applies only to people who have not held a substantive visa on or after 1 September 1994 and who, on 31 August 1994, were illegal entrants or held an entry permit that expired then; (3) Criterion 3004 — applies to anyone who ceased to hold a substantive or criminal justice visa, or entered Australia unlawfully, on or after 1 September 1994. For 3004, the Minister must be satisfied that the applicant is not the holder of a substantive visa because of factors beyond their control, that there are compelling reasons for granting the visa, that they substantially complied with the conditions of their last substantive visa (or entry permit) and any later bridging visa, that they would have been entitled to the visa had they applied on the day they last held a substantive visa, and that they intend to comply with the conditions of the new visa. Because 3004 applies alongside 3001, lodging within 28 days does not by itself satisfy Schedule 3. Applicants who cannot meet these criteria rely on the waiver: the Minister being satisfied that there are compelling reasons for not applying criteria 3001, 3003 and 3004.

What 'Compelling Reasons' Means in Practice

'Compelling reasons' is not defined in the Migration Regulations. The Department, and the ART on review, decide case by case whether the circumstances are compelling. Circumstances applicants commonly put forward and document include: (1) an Australian-citizen or permanent-resident child whose interests would be affected by the family separating; (2) a serious medical condition of the sponsor or a family member for whom the applicant provides care; (3) pregnancy; (4) long residence and integration in Australia, such as work history, community involvement and a settled home; (5) risk of harm or other barriers to returning to the applicant's country of origin; (6) the sponsor's health, including mental health, where separation would affect it. Cost, inconvenience, work commitments, time already spent onshore, property ownership and the distress of separation are also often raised. The Regulations give no list or ranking, so the weight any factor carries depends on the facts and the evidence behind it. Published ART decisions show how the test has been applied in individual cases.

How to Prepare a Schedule 3 Waiver Submission

Schedule 3 waiver submissions are technical and document-intensive. A submission commonly includes: (1) Cover letter identifying the Schedule 3 issue, the criteria that apply, and the compelling reasons relied on; (2) Statutory declaration from the applicant setting out their full immigration and personal history; (3) Statutory declaration from the sponsor covering the relationship and the compelling reasons; (4) Statutory declarations from family members familiar with the family's circumstances, including older children where appropriate; (5) Medical evidence — current reports from treating doctors, explaining why the applicant's presence is needed for care; (6) Educational evidence — school reports and teacher statements about children's progress and stability; (7) Evidence of integration — employment history, tax returns, community involvement, housing; (8) Country-condition evidence if returning to the country of origin involves specific risks; (9) Submissions on the legal test, referring to relevant Tribunal and court decisions. Each assertion in the submission is only as strong as the document behind it.

Refusal Recovery: Schedule 3 at ART Review

A refusal of an onshore Subclass 820 application is reviewable at the Administrative Review Tribunal (ART), which replaced the AAT on 14 October 2024. Under section 347 of the Migration Act, the review application must be made within 28 days after you are notified of the decision, or within 14 days if you are in immigration detention on the day you are notified. The migration-review fee is $3,727 from 1 July 2026, and half is refunded if the review is successful. The ART conducts merits review: it makes the decision again on the evidence before it, including new evidence, and the Department's view on 'compelling reasons' does not bind it. Review timeframes vary, and applicants generally remain on a bridging visa while the review is pending. Migratio is Australia's marketplace for finding and comparing MARA-registered migration agents. Migratio matches applicants with MARA-registered agents who work on Schedule 3 waivers and onshore partner visa matters. Submit your brief describing your visa status at lodgement, the Schedule 3 issue, and the circumstances in your case.

What if I'm on a bridging visa? Does Schedule 3 still apply?

Yes. A bridging visa is not a substantive visa, so a Subclass 820 applicant who holds only a bridging visa at lodgement must satisfy Schedule 3 criteria 3001, 3003 and 3004, or have them waived for compelling reasons.

Can I just leave Australia and apply offshore instead?

Some applicants consider leaving and applying offshore for a Subclass 309 partner visa instead. That means being outside Australia while the application is processed, and for families with Australian children it may not be workable. Whether it suits your case, including any re-entry consequences of your immigration history, is worth checking with a registered migration agent before you leave.

Does an Australian de facto relationship without children meet 'compelling reasons'?

The Regulations don't say. Because the relationship is already the basis of the partner visa, waiver submissions usually document circumstances beyond the relationship itself. How a decision-maker weighs them depends on the facts.

What if my sponsor is sick or pregnant?

Sponsor illness or pregnancy are circumstances applicants often document, supported by medical evidence from treating doctors. The Regulations give no list of compelling reasons, so the weight given depends on the facts and the evidence.

How long does a Schedule 3 case take?

There is no fixed timeframe. Home Affairs publishes current Subclass 820 processing times on its website, and if the application is refused and reviewed, ART timeframes add to that. Plan for the possibility of a long process.