Schedule 3 waivers
Onshore Partner Visa Applications
No Substantive Visa? A Partner Visa May Still Be Possible
Has your visa ended and you are still here with your partner?
On a bridging visa after a refusal and told Schedule 3 applies?
Or has the Department or the ART raised Schedule 3 in your case?
Schedule 3 is a hurdle, not automatically a dead end. What matters is whether your circumstances are compelling enough to ask for it to be set aside.
Ask About Your Schedule 3 Options
Submit the form and we will be in touch to arrange a time.
INDEPENDENTLY RANKED
One of Australia's leading
immigration agents.
Four years running.
Emma Drynan, named in Doyle’s Guide since 2023.
Nominated by peers and clients.
- 2023
- 2024
- 2025
- 2026
Does This Sound Like Your Situation?
No Substantive Visa Right Now
Your visa has ended and you are unlawful, or you are living here without a current visa. This is the situation Schedule 3 was written for.
On A Bridging Visa After A Refusal
A bridging visa is not a substantive visa. Being on a BVA, BVC or BVE after a refusal still brings Schedule 3 into play.
Still Within 28 Days
If your visa ended very recently you may avoid the waiver requirement entirely. This window closes fast, so call today rather than tomorrow.
What Is A Schedule 3 Waiver?
Schedule 3 of the Migration Regulations sets extra criteria that apply when someone lodges an onshore partner visa without holding a substantive visa. A bridging visa does not count as a substantive visa, which catches many people out.
In practice those criteria are very difficult to meet, so most cases turn on the waiver instead: asking the decision maker to accept that there are compelling reasons for not applying Schedule 3 at all. That is a discretionary decision, and how the argument is built matters enormously.
We cannot promise an outcome and nobody honestly can. What we can do is tell you whether you have a case worth putting, and what it would take to put it properly.
What "Compelling Reasons" Actually Means
This is where most people go wrong. A genuine relationship and the prospect of being separated from your partner are not, on their own, compelling reasons. Every applicant in this position can say the same thing, which is exactly why it carries little weight by itself.
What tends to matter is more specific: the best interests of Australian children, your sponsor’s health or caring responsibilities, serious medical circumstances, family violence, or genuine hardship that would follow from leaving. The question is never whether your situation is sad. It is whether it is forceful.
Working out honestly which side of that line you sit on is the single most useful thing a consultation can give you.
Registered Migration Agents Who Handle Schedule 3 Cases
Schedule 3 waiver applications are complex and discretionary. Every member of our team is a Registered Migration Agent bound by the MARA Code of Conduct.
Emma Drynan
Registered Migration Agent (MARN 0960361)
Rofia Mavaddat
Registered Migration Agent (MARN 1467678)
Julie Van Arts
Registered Migration Agent (MARN 1383806)
How We Help With Your Schedule 3 Case
Schedule 3 cases need to be assessed properly before anything is lodged. Here is how we work through yours.
Step 1 - Consultation
A one hour session to understand your visa history, your relationship and the circumstances behind your current status.
Step 2 - Assess Your Circumstances
We work out which factors in your situation could support a waiver argument, and which ones will not carry weight.
Step 3 - Written Advice And A Plan
You receive our assessment in writing, with a clear view of your options including whether applying offshore is the stronger course.
What Our Clients Have To Say
We’ve successfully helped thousands of couples from 96 different countries successfully apply for their visas. Watch below for some of our couple’s kind words!
Frequently Asked Questions
Here are some questions we’re often asked about our services. If yours isn’t covered, feel free to get in contact with us!
Schedule 3 of the Migration Regulations sets additional criteria that apply when you lodge certain onshore visa applications without holding a substantive visa. For an onshore partner visa it means extra hurdles that most people cannot clear directly, which is why the conversation usually turns to a waiver instead.
Very likely, yes. A bridging visa is not a substantive visa. People are often surprised by this, particularly after a refusal when they are lawfully in Australia on a bridging visa and assume that is enough. Bring us your visa history and we will confirm where you stand.
Possibly, and this is worth acting on quickly. There is a short window after a substantive visa ends during which the position can be quite different. If your visa has recently ended or is about to, contact us today rather than next week.
There is no fixed list, and the threshold is deliberately high. Being in a genuine relationship and facing separation is not enough on its own, because that is true of everyone in this position. Circumstances involving Australian children, a sponsor’s health or caring responsibilities, serious medical issues or family violence tend to carry more weight. Every case is assessed on its own facts.
Sometimes, and we will tell you if we think so. Departing Australia and applying for an offshore partner visa avoids Schedule 3 altogether. It comes with its own costs and a period apart, so it is a genuine strategic decision rather than an obvious one. We would rather give you an honest comparison than push you toward the harder path.
No, and you should be cautious of anyone who says otherwise. The waiver is discretionary and outcomes depend on your individual circumstances and the decision maker. What we can give you is a frank assessment of your prospects before you spend money on an application.
We would not recommend it. Schedule 3 waiver arguments are discretionary, evidence heavy, and unforgiving of a poorly framed case. This is not a do-it-yourself situation, and it sits outside what our Partner Visa Academy is designed for.
Our consultations are designed to educate and empower you, to make you confident about choosing the right Partner Visa pathway for your relationship.
Our initial process looks like this:
- Make your booking by filling out the form above
- Receive and complete a short questionnaire
- Have your 1 hour consultation by video conference or phone call. Here, we’ll go over your love story and then delve into the legalities involved in applying for your visa. Answering any questions you may have as we go along.
- After your session we’ll send through a written summary of our chat and our recommendations on your next steps.
We guarantee to provide honest, candid advice about your application.
We also promise not to bamboozle you with legal jargon, make false promises or force you into a corner with aggressive sales tactics.
Instead, we’ll give it to you straight. Honest, fluff-free advice so you don’t waste your time and hard-earned cash.
At Freedom Migration we pride ourselves on transparency and honesty and our reputation says the same. As such, we like to set your expectations of the consultation by outlining what’s not included in an initial Partner Visa consult.
1. A full visa application review – our initial consultation is usually a 1 hour session in which we help uncover any mitigating factors and provide you with a clear strategy towards the right visa.
2. While we are generous with knowledge in your initial consult, it will not leave you with a full understanding of migration law. Migration law is not that simple! However, we will guide you and provide actionable steps to get you closer to visa approval.
We know a lot of other migration companies offer a 15-minute free discussion. But the truth is these sessions are not about helping you, they’re about giving you the hard sell. And you’ll be chatting to a salesperson not a qualified lawyer or migration agent.
At Freedom Migration our consultation sessions are designed to educate and empower. We take time to understand your story, and unique circumstances. We walk you through all the requirements and pitfalls. And we leave you with complete certainty about the next steps for your visa application process.
Honestly, we believe that the No Visa, No Fee offer made by other migration agents is a little misleading. Visa applications aren’t always a straight yes or no, often additional documentation is needed, a second application, or an appeal.
We’re upfront about our costs and charge a price that represents the work involved and our trusted reputation means we don’t have to rely on gimmicks to win new clients.
We operate in accordance with the Code of Conduct. Our Partner Visa Consultations are not a guarantee of Visa Application success. If we find there is no visa suitable for your situation, we will be honest and let you know. If your situation is complex and requires in more depth consideration in accordance with legislation then we will provide you with a fixed price quote for this.
We have endeavoured to ensure that all information given on this page is accurate at time of publishing, however, Australian immigration legislation and policy is constantly changing without notice. Information on this page is to be used as a general guide only and does not in any way constitute immigration or legal advice. Always seek professional advice from a Registered Migration Agent about your specific circumstances before lodging any visa application.