What is Schedule 3 and when does it apply?

Schedule 3 of the Migration Regulations 1994 sets out additional criteria that apply to certain visa applicants who are in Australia but do not hold a substantive visa when they apply. For the onshore Partner visa (subclass 820), the relevant Schedule 3 criteria must be satisfied unless the decision maker is satisfied there are compelling reasons for not applying them. You can read the Regulations on the Federal Register of Legislation.

Which Schedule 3 criteria usually matter?

In broad terms, the criteria most often relevant to onshore partner visa applicants are 3001, 3003 and 3004. 3001 requires the application to have been validly made within 28 days of the relevant day — generally the day you ceased to hold a substantive visa. 3003 and 3004 apply where you became an unlawful non-citizen or entered Australia unlawfully, and require you to satisfy the decision maker about matters including factors beyond your control. Which criteria apply depends on your exact immigration history, so we confirm this against the current Regulations before advising you.

What is a Schedule 3 waiver?

Where the Schedule 3 criteria cannot be met, the decision maker may still grant the visa if satisfied that there are compelling reasons for not applying those criteria. There is no checklist in the Regulations. It is a discretionary assessment made on the evidence you put forward, which is why the waiver submission is the single most important document in the application.

What sort of things are relied on as compelling reasons?

There is no exhaustive list, and every case turns on its own facts. In our experience, waiver submissions commonly rely on a combination of: Australian citizen or permanent resident children and their best interests the length and genuineness of the relationship hardship to the Australian sponsor if the applicant had to leave serious health circumstances affecting the applicant, the sponsor or a family member circumstances largely beyond the applicant’s control that led to the loss of visa status. Assertions are not enough. Each factor has to be evidenced with documents, independent reports and statements.

Does it matter how long I have been without a visa?

In practice, yes. The longer you have been without a substantive visa, and the more the loss of status was within your control, the stronger your compelling reasons will need to be. Delay also has separate consequences for your bridging visa entitlements and your ability to work or travel while the application is processed. That is why we prefer to advise before the application is lodged, not after.

What does an onshore partner visa cost and how long does it take?

As of August 2026, the Department of Home Affairs charge for the onshore Partner visa (subclass 820 and 801) is from AUD11,710.00 for most applicants, or from AUD1,955.00 for Prospective Marriage (subclass 300) visa holders. See the Department’s Partner visa (apply in Australia) page. According to the Department’s processing time guide (last updated 4 August 2026), the subclass 820 is processed in 18 months for 50% of applications and 32 months for 90%, and the subclass 801 in 5 months for 50% and 12 months for 90%. A Schedule 3 waiver adds an assessment stage that can extend those timeframes.

What happens if the waiver is not granted?

If the decision maker is not satisfied there are compelling reasons, the visa application is refused. Most refusals can then be reviewed by the Administrative Review Tribunal — see our Administrative Tribunal Review page. Importantly, the Tribunal can consider circumstances as they stand at the time of its decision, so cases sometimes improve on review. If the Tribunal affirms the refusal, judicial review in the Federal Circuit and Family Court may be available within 35 days — see our Federal Circuit and Family Court page.

Do I need a lawyer for a Schedule 3 waiver?

We would strongly suggest it. A Schedule 3 case is decided on a discretionary judgement about your circumstances, and a weak or generic submission is the most common reason these applications fail. We assess honestly whether the waiver is realistically achievable, gather the evidence that actually moves the needle, draft the submission, and manage your bridging visa position while the application is on foot. Our professional fees are separate from the Department charge and are set out in a written fee proposal after your initial discussion.

Schedule 3 Waiver for Onshore Partner Visa Applicants

"I highly recommend Rocket & Ash Immigration Law! I worked with Ines and Jay for my Australian partner visa application, and they were absolutely fantastic. Visa processes are usually stressful, but they made everything feel easy and painless. Both Ines and Jay were incredibly attentive, always providing prompt communications via email and phone so I was never left wondering about the status of my application. Thanks to their expertise, my visa was granted without any delay. If you want a smooth, stress-free immigration experience, look no further than this team!"

Oscar Morales

"Ines and Jay at Rocket & Ash Immigration Law were fantastic. They helped us sort out our dependent visa, made the process straightforward, and kept us informed every step of the way. Highly recommend."

Dave Martinez

"I want to give my thanks to Jay and Ines for their quick and easy responses throughout my visa application process. They helped me obtain my visa in a very short deadline and even then my visa was also approved quickly! Would definitely come back for their services in the future!"

Henri Hambali

"It was a pleasure working with Ines, Jay, and Michael on my partner visa application. Their level of expertise and professionalism made a significant difference, particularly in a case involving domestic violence circumstances. They handled the process with clarity, care, and strong knowledge of the legal requirements. I highly recommend their services to anyone navigating a complex visa situation."

Augusto Caldeira

"The immigration process is never easy. It comes with a lot of fear, stress, and uncertainty. But having the right lawyers makes all the difference.

Ines and Jay looked after my process with so much care and attention to details. They were always on top of the details, answered all my questions, and made sure everything was done properly at every step to mitigate any risks.

My 482 visa was approved in just 2 months, and I couldn’t be happier. I’d definitely recommend them to anyone going through this process. "

Thais Dos Santos Costa

"We cannot thank Ines and the team enough for helping us with our partner visa. from the very first consultation until our visa was granted, the support, communication, patience, and guidance were exceptional. What made the experience even more amazing was that our visa got approved in just 12 months! something we truly didn’t expect, but Ines made it possible with her expertise and care..."

Mika N

"Ines has given us excellent advice and gave us direction on how we can approach our dream of a living in Australia."

Sadie Cable

"I cannot thank Ines and Jay from Rocket & Ash Immigration Law enough for their exceptional support in securing my Subclass 309 Partner Visa. From our first free consultation, their expertise and personalized approach stood out. They guided me through every step of the complex application process with clear advice, making what seemed overwhelming feel manageable. Their responsiveness was unmatched, always addressing my questions promptly and keeping me updated throughout. Thanks to their dedication, my visa was granted. I highly recommend Ines and Jay to anyone navigating Australian immigration – their professionalism and genuine care made all the difference."

Luciano Guevara

"Really want to thank Jay and Ines for all their help. My visa process was under a very tight deadline and with their guidance I was able to get everything I needed in time and happy to say that my visa was approved only one week after lodging it! Cannot recommend them enough."

Heather Rehtlane

"Fantastic. Ines and the team from Rocket & Ash are true professionals. Ines brings a wealth of experience to the task of navigating the immigration process which relieves her clients of a lot of stress. The immigration process is a journey and Ines and Jay were with us the whole way. Can’t imagine doing it all without their support."

Greg Judkins

"I feel so relieved to have gone to Rocket & Ash for my partner visa assistance. Having never done this process before, the idea of having to do it all alone was incredibly overwhelming. Ines & Jay did such a wonderful job of organizing everything we needed and setting expectations. I seriously do not know how I could have done this without them. Both are incredibly lovely people and meeting them prior to the start of this process was a huge reason as to why I decided to go with Rocket & Ash. Thank you all so so much!! Cheers."

Lauren Rivero

"Ines and Jay were amazing! I didn’t want to apply for my second student visa alone given the current climate, so I reached out to Rocket & Ash for help — and I’m so glad I did. From the very beginning, they made me feel safe, supported, and genuinely looked after. Ines was meticulous, ensuring every document was up to standard and nothing was missed. Jay was equally reassuring and knowledgeable, and together they guided me through every step with care and clarity. After such a positive experience, I’ll definitely be using them for future visa applications. Highly recommend them if you want a team that’s professional but also human."

Ashley Hodges

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Schedule 3 Waiver Application Process

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Engagement

Review

Lodgement

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