Are you currently holding a bridging visa or even living in Australia unlawfully? Are you considering applying for the 820 Partner Visa but unsure about the complexities of Schedule 3? Don't worry, we've got you covered. In this blog post, we'll delve into the details of Schedule 3 and guide you through the process of applying for the 820 Partner Visa under these circumstances.
What is Schedule 3?
Schedule 3 of the Migration Regulations 1994 outlines the requirements for certain visa applicants who are on a bridging visa or have become unlawful while in Australia. It sets out the conditions and criteria that must be met for these applicants to apply for a substantive visa, such as the 820 Partner Visa.
Who Does Schedule 3 Apply To?
Schedule 3 typically applies to individuals who:
Are currently holding a bridging visa or have become unlawful in Australia.
Have been in Australia for less than 28 days since the expiry of their last substantive (non-bridging) visa.
Proving Factors Outside Applicant's Control or Compelling Reasons
Under Schedule 3, applicants must demonstrate that their failure to hold a substantive visa is due to factors beyond their control or provide compelling reasons for their non-compliance with visa conditions. The decision to grant a visa under Schedule 3 is highly discretionary and depends on the individual circumstances of each case.
Compelling Circumstances
If you cannot prove that you do not hold a substantive visa because of reasons outside your control, you may be able to apply for a "Schedule 3 waiver". To do this you need to prove that there are compelling circumstances that apply to your case. These will be different for every couple.
Navigating the Application Process
Navigating the application process under Schedule 3 can be complex and challenging. It requires careful consideration of your personal circumstances and the ability to provide strong evidence to support your application. Seeking professional legal advice from experienced immigration professionals is crucial to ensure that you meet all the requirements and maximize your chances of success.
Conclusion
Applying for the 820 Partner Visa under Schedule 3 can be daunting, especially if you are currently holding a bridging visa or living in Australia unlawfully. However, with the right guidance and support, you can navigate the process effectively and secure your pathway to permanent residency in Australia.
If you have any questions or need assistance with your visa application, don't hesitate to reach out. We're here to help you every step of the way.
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