Beyond Proving Love: What Your Schedule 3 Waiver Request Really Needs
For some onshore Partner visa applicants, Schedule 3 can become a major issue if they do not hold a substantive visa at the time of application. This often happens where a person has become unlawful, is holding a Bridging visa or has remained in Australia after a previous visa ended.
The Department will not waive Schedule 3 simply because you are in a genuine relationship, are married, have lived together for a long time or want to remain in Australia with your partner. You need to address the specific legal requirements that apply and explain why there are compelling reasons for the Partner visa application to be considered while you are in Australia.
This is where careful advice matters.
A poorly prepared Schedule 3 response can leave important facts unexplained, evidence unsupported or the legal threshold misunderstood. In some cases, this can lead to refusal of the Partner visa application, even where the relationship itself is genuine.
GPS Migration Australia can help you understand whether Schedule 3 applies to your situation, whether a waiver request may be available and what evidence may be needed to support your case. We focus on presenting your circumstances clearly, carefully and with reference to the legal requirements that apply.
Our Schedule 3 waiver support may include:
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checking whether Schedule 3 applies to your Partner visa application
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assessing whether your circumstances may support a waiver request
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advising on the types of evidence that may assist
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preparing written submissions addressing the legal requirements
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reviewing relationship, personal and compassionate circumstances evidence
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responding to Department requests for information
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advising on refusal risks and next steps
Schedule 3 issues can have serious consequences for Partner visa applicants. If you are applying for a Partner visa in Australia and you do not hold a substantive visa, it is important to get advice before lodging your application or responding to the Department.