Schedule 3 Criteria

SCHEDULE 3 CRITERIA

For Partner visa applications lodged within Australia, the Migration Regulations state that, if you are not the holder of a substantive visa at the time of lodging your Partner visa application, you must satisfy additional Schedule 3 criteria (specifically, each of criteria 3001, 3003 and 3004), in addition to satisfying the standard Partner visa criteria. Schedule 3 criteria does not apply to offshore Partner visas, and failure to satisfy Schedule 3 does not prevent you from lodging a Partner application outside Australia.

Criterion 3001 requires that an application was made within 28 days after your substantive visa ceased. You do not meet criterion 3001, however the Migration Regulations allows the Schedule 3 criteria to be waived where there are compelling reasons for not applying those criteria.

The Migration Regulations 1994 do not prescribe the circumstances that need to be considered when assessing whether or not compelling reasons exist to not apply Schedule 3 criteria. Circumstances are considered on a case by case basis.

It is extremely important that Schedule 3 Criteria is taken seriously. If you have lodged your application yourself and have been requested to respond to Schedule 3 Criteria - Compelling Reasons, we highly recommend that you seek professional help. Failure to do so may result in your application being refused. The policy has changed regarding this criteria and it is much harder now to demonstrate compelling reasons.
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