Applying for a partner visa is already a complex process, but if you don’t hold a substantive visa at the time of applying, you may be affected by Schedule 3. This is a set of additional requirements that must be met before your visa can be approved. If you’re impacted by Schedule 3, you’ll need to take extra steps to prove why your visa should be granted.
What is Schedule 3 and Why Does It Matter?
Schedule 3 applies to people who are unlawfully in Australia or on a bridging visa when applying for a partner visa. It’s designed to prevent people from using partner visas as a way to stay in Australia after their previous visa has expired. However, there are ways to satisfy these requirements if you have compelling and compassionate reasons.
If you’re affected by Schedule 3, here are three additional steps you must follow:
Step 1: Your Witnesses Need to Provide a Statutory Declaration (Not Form 888s!)
In standard partner visa applications, witnesses usually provide Form 888s to confirm that your relationship is genuine. However, Form 888s will not be enough if Schedule 3 applies to you.
Instead, your witnesses must provide a formal statutory declaration, which must be:
- Certified by an authorised witness (e.g., a Justice of the Peace, solicitor, or notary)
- Explaining their relationship with you and how they know your partnership is genuine
- Accompanied by official ID, such as a passport or citizenship certificate
Step 2: Provide Proof of Your Witnesses’ ID
To further support their statements, your witnesses must provide certified copies of their ID, such as:
- A passport
- A citizenship certificate
If ID documents are missing, your application will come back as invalid.
Step 3: Submit a Detailed Schedule 3 Submission
This is the most critical step. You must prepare a Schedule 3 submission explaining why the Department of Home Affairs should grant your visa despite Schedule 3 applying to you.
Your submission must:
- Explain why you became unlawful or ended up on a bridging visa
- Show compelling and compassionate reasons why you should be granted the visa
- Address each Schedule 3 requirement in detail
Some examples of compelling and compassionate reasons include:
- Serious health issues (either yours or your partner’s)
- Significant hardship if you had to leave Australia
- Strong ties to Australia, such as children or long-term relationships
You must provide strong evidence to support your claims—general statements won’t be enough.
Final Thoughts
If you’re impacted by Schedule 3, following these three steps correctly can make or break your partner visa application. Make sure you:
- Get statutory declarations from your witnesses instead of Form 888s
- Provide certified copies of their Passports
- Submit a well-prepared Schedule 3 submission addressing all requirements
Navigating Schedule 3 can be tricky, but with the right approach, you can still secure your partner visa and stay with your loved one in Australia. If you’re unsure how to prepare your submission, consider migration advice from us to strengthen your case.