The Schedule 3 Problem
If you make an application when inside Australia while holding a bridging visa or no Australian visa at all, rather than a substantive visa, you need to check if you have a schedule 3 issue.
If you hold a substantive visa when you make a further application in Australia for a visa, then there is no schedule 3 issue.
The Department creates a problem for you if you hold a bridging visa when applying when in Australia. The Department really prefers applicants to exit after the substantive visa has expired. The Department prefers to reapply for a visa offshore in misty cases.
This is problematic to applicants that have no compelling reason as to why they should be able to lodge a further application in Australia rather than from offshore.
The Department’s logic is that if you are a genuine applicant for a new visa, then you should lodge a further application as quickly as possible (before your current visa expires).
Have you failed to meet schedule 3 requirements?
Are You Special?
The wording of Schedule 3 is confusing. This has caused many to fail to understand the issue and address the issue correctly, resulting in visa refusal.
The problem Schedule 3 creates for bridging visa holders is that you need special submissions to be made (and accepted) by the Department of Home Affairs.
Simply, you’ll write a letter that demonstrates why your case is something unique. “Special” in terms of having a compelling aspect of your circumstances. You’ll need to persuade a decision-maker to waive the schedule 3 requirement. Of course, you’ll need to meet the other standard requirements for the class of visa you are applying for.
Do you need help preparing the best submission for your visa application? Speak to me today.
No Waiver
Unless you are successful in meeting the schedule 3 criteria, you will fail an essential element required for the grant of the visa you have applied for.
If you are unable to meet the schedule 3 requirement, you will usually be required to go offshore (outside Australia) and apply for the visa you desire from overseas.
However, please note that not all visas allow for discretion (that your case is special) to be exercised in your favour. In some cases, it will not matter what submissions you make, you’ll be dead in the water because there is no discretion for a decision maker to make any determination that you met schedule 3. Book a chat with me to see if you can meet schedule 3.
Remember, Schedule 3 criteria do not apply to visa holders who make applications inside Australia if they hold a substantive visa – a visa other than a bridging visa.
What Is A Substantive Visa?
You can take a look at the Migration Act for a nerdy answer, but for the purposes of this post, you can think of a substantive visa as anything other than a bridging visa.
Exceptions: Schedule 3
One notable exception to the schedule 3 problem is a protection visa (visa subclass 866). There are no schedule 3 criteria that apply to this class of visa.
Faster Refusals
Immigration Case Officers are now quickly refusing visas based solely on a failure to meet Schedule 3 criteria. They are not necessarily looking at other substantive criteria.
So if you have applied while holding a bridging visa, don’t expect that your case will take as long as others of the same class. It could be refused faster. It is very possible departmental case officers will quickly refuse your case simply because schedule 3 is not met.
Harsher Schedule 3 Decisions
Immigration Case Officers are not required to ask you to make submissions for failing to meet Schedule 3 criteria.
They can simply refuse the application without referring to you. You should seek to address the criteria in detailed submissions as quickly as possible after lodgement.
Help With Schedule 3 Problems
Call me to discuss how to respond in your case and book now for a consultation!
Your Experience?
Please share your comments with me.
I’d love to know more about your experience applying for this visa subclass!
15 Responses
Hello Nilesh, how are you? Since I live in Hobart and unable to travel overseas due to lockdown at this stage here in Australia and Bangladesh. Can I use one of the reasons to apply for schedule 3 waiver for my partner visa. How much do you charge for the partner visa onshore? Thanks in advance if you could reply.
Hi Asif
Let’s discuss the details including other schedule 3 reasons.
Please book in with me using the link below.
Thank you for contacting me.
Regards,
Nilesh Nandan.
Immigration Lawyer.
MyVisa® Lawyers.
Australia’s #1 Immigration Law Advisory
https://myvisa.com.au/10-minute-chat/
Hello I am on a bridging visa A as I submitted a 482 TSS short term renewal application back in January but still waiting on approval on my 2nd 482 visa. I want to apply for partner visa now. Do I have to wait for my 482 to be approved then apply or can I apply while still on my bridging visa A? IMMI told me waiting time on approvals is now 1 year average and I do not want to wait another 6 months or longer to apply for partner visa.
Simeon
The are a few strategies here.
Please book in with me using the link below.
Thank you for contacting me.
Regards,
Nilesh Nandan.
Immigration Lawyer.
MyVisa® Lawyers.
Australia’s #1 Immigration Law Advisory
https://myvisa.com.au/10-minute-chat/
Hey as you’ve mentioned here Exceptions: Schedule 3( protection visa)
One notable exception to the schedule 3
So here can you pls explain that what did actually mean, like exceptions are there for the visa holders of 866 visa or those who have bridging visa A and they are awaiting 866 visa ??
Hi…im in a bridging visa E …and they grant me for 4 months stay…am i capable to apply a de facto visa…and as my partner is in centerlink is he allowed to sponsor me…my visa will expire on august this year..
Thank you…
Hi, how long generally is the processing time for the Department of Home Affairs to go through your submission regarding Schedule 3?
Great question Embla!
It used to be the case some years ago that immigration case officers picked up partner visa cases and assessed them very quickly against the schedule 3 criteria…. and would offen refuse/decide this issue of schedule 3, within three or 4 months of visa application lodgement.
However more recently I have not seen this occurring with our own caseload. Many of our partner cases have schedule 3 submissions and these cases are not being opened by case officers until after the 15-20 month mark.
Please note our experience is at often at odds with published turn-around times on the department of immigration website.
I’m sure my own expected time period will also change from time to time. It is not a science at all!
Thanks again for the great question and do let me know your own experience below.
Thanks for all your information.
You gave people positive energy in difficult situation.
Hi
My name is baljinder. I have applied 457 visa from India but I have come back to Australia as my traveling visa expired. Now I am in Australia and department asked me to send all required documents and information. But my lawyer they asking me 3000 to pay to work on schedule 3 process . But I can’t pay as I don’t have money. So its my request to you could you please help me to suggest any link or website so i can prepare my case(schedule 3) by myself. Its been 4 years I am in Australia and I have more around 3 years experience and now i have Bridging visaA.
Thanks
These schedule 3 submissions are essential. You could meet all the normal criteria for the grant, but if you are unable to show compelling reasons within the meaning of schedule 3, then your application must be refused. I can go through what might be the strongest arguments for you. No two people will have the exactly same arguments and submissions – these need to be credible and tailored. I expect you will be rejected by the DIBP and will need to make an application to the AAT for a review of your visa refusal decision unless you have credible reasons on the one hand AND you are able to articulate and persuade the decision maker on the other hand.
Please call me if you need my help. A standard consult fee of $570 applies.