If you want to apply for a partner visa in Australia, but you currently don’t hold a substantive visa, you might find yourself subject to Schedule 3 criteria in your partner visa application. Find out more about what the Schedule 3 criteria for a partner visa mean and answers to other frequently asked questions.
Published 24 November 2025
Written by Con Paxinos (MARN 1460971), owner and director of PAX Migration
Con is a leading expert in the migration industry with 11 years of experience and is the former Vice President and South Australian State President of the Migration Institute of Australia and Chair of the Migration Institute Temporary Visa Program Advisory Panel. Together with his team of experts at PAX Migration, Con has been awarded the Leading Adviser Award (2022), the ThreeBestRated® Award (2020–2025) and the Fellow of the Migration Institute of Australia, an award bestowed on those practitioners who have made significant contributions to the migration profession, recognising their contributions to the Institute, profession and society generally, and their good standing and ethics.
Explore the Schedule 3 criteria for partner visas expert guide
About the schedule 3 criteria for partner visas
- Schedule 3 criteria are additional criteria that partner visa applicants located in Australia without a substantive visa need to meet in order to be eligible for an 820/801 partner visa.
- Schedule 3 criteria enable certain partner visa applicants who are unlawfully in Australia to make their status lawful in circumstances where there are compelling reasons. This could apply to people with no visa or an expired visa, or who are in Australia on a bridging visa.
- The Schedule 3 criteria for a partner visa help provide a pathway to permanent residency for partners of eligible Australian or New Zealand citizens.
“Although Australia’s migration laws aim to discourage people from becoming unlawful and not to benefit from that behaviour, by implementing Schedule 3 criteria for partner visas, they recognise that there are situations that are beyond people’s control, and where there are compelling reasons that someone should be granted a visa to remain in Australia.”
How does Schedule 3 criteria apply to an onshore partner visa?
Without a substantive visa, you’ll need to meet schedule 3 criteria 3001, 3002, 3003 or 3004, unless the Minister for Immigration is satisfied that there are compelling reasons for not applying those criteria.
If you’re subject to the Schedule 3 partner visa criterion 3002, you need to lodge your 820/801 partner visa application within 12 months after you:
- Stopped holding a substantive or criminal justice visa
- Entered Australia unlawfully
This partner visa Schedule 3 criterion applies to you if you meet both of the following conditions:
- As at 31 August 1994, you were an illegal entrant or held an entry permit that wasn’t valid beyond 31 August 1994
- Since 1 September 1994, you haven’t held a substantive visa
If you’re subject to criterion 3003, you’ll need to meet the requirements below:
- You must have last become an illegal entrant or a non-substantive visa holder due to factors beyond your control
- There must be compelling reasons for granting the visa
- You must have followed the conditions that applied to your last held visa and any subsequent bridging visa
- You would have been eligible for an onshore partner visa if you had applied before becoming an unlawful entrant
- You intend to follow the partner visa conditions if granted
- The last visa you held was not granted on the condition that you couldn’t get another visa while still in Australia
Partner visa Schedule 3 criterion 3004 applies in circumstances where you either:
- Stopped holding a substantive or criminal justice visa
- Entered Australia unlawfully and haven’t been granted a substantive visa since
As well as the conditions above, you’ll also need to meet all of the following requirements:
- You mustn’t already hold a substantive visa because of factors beyond your control
- There must be compelling reasons for granting the visa
- You followed the conditions that applied to your last held visas and any following bridging visa
- You’d have been eligible for an onshore partner visa if you had applied for the visa before your last substantial visa expired, or you’d have met the criteria for an onshore partner visa when you last entered Australia unlawfully
- You intend to follow any conditions that apply to the onshore partner visa if it’s granted
- The last visa you held was not granted on the condition that you couldn’t get another visa while still in Australia
“Partner visa Schedule 3 criteria 3003 and 3004 are essentially the same, the only difference being the date when you became an unlawful non-citizen of Australia.”
Feeling overwhelmed? We’re here to help.
Our expert team will be at your side at every stage of your partner visa journey, from understanding eligibility requirements and gathering evidence to submitting your application.
Eligibility and evidence for Schedule 3 partner visas
Factors beyond your control
A common eligibility requirement that you need to meet to be eligible for a Schedule 3 partner visa is that you became an illegal entrant or non-substantive visa holder due to factors beyond your control.
When evaluating your Schedule 3 partner visa application, the Department of Home Affairs will take your individual circumstances into consideration. In your application documents, you must be able to prove that these factors were beyond your control, for example, where a serious accident or illness resulted in your being unable to make your visa application. Other examples (though these are less compelling) might be circumstances where you claim you weren’t aware that you were an illegal entrant or non-substantive visa holder, or where you misinterpreted the validity period of your visa and conditions.
“The Department will assess these situations on a case-by-case basis and generally, for mix-ups or misunderstanding of dates, these circumstances need to be the result of incorrect Immigration advice, like if your visa expired a day earlier than the date specified on your passport visa label or notice.”
Compelling reasons for a visa grant
Compelling reasons might include compassionate factors, personal circumstances, or circumstances beyond your control. In making its assessment of whether compelling reasons exist for granting the visa, Immigration will consider all the relevant individual circumstances of your case.
“Something important to remember is that ‘compelling reasons’ can arise at any time after the date of visa application to the time of decision. The Department is required to take into consideration any circumstances that arose after the initial application was made as well.”
Schedule 3 criteria for partner visas: frequently asked questions
Schedule 3 criteria for a partner visa are extra criteria requirements for people who apply for a partner visa without currently holding a substantive visa.
Yes, there are certain circumstances where it may be possible to get a Schedule 3 waiver for your partner visa. To get the criteria waived, you’ll need to provide compelling reasons for not applying the partner visa Schedule 3 criteria.
The Department of Home Affairs will consider your individual circumstances when making a decision on whether or not to waive the criteria. Factors that they might take into consideration include:
- Any history of non-compliance with visa conditions
- The time period that you’ve been an unlawful non-citizen
- The reasons you became an unlawful non-citizen
- The reasons you didn’t try to validate your visa status sooner
- The steps you took (if any) to make your visa status lawful (other than applying for the current visa)
If you’ve stayed in Australia unlawfully for several years without making any attempts to get a valid visa, this could negatively impact the Department’s decision to waive the Schedule 3 criteria for your partner visa.
If you fail to meet the Schedule 3 criteria for a partner visa without the Department waiving the requirements, your visa will be refused. As well as being personally distressing, a visa refusal can carry a range of consequences, including being barred from making any further visa applications while you’re located on shore, or difficulty getting approved for a visa in the future (as refusals are included in your record).
If your partner visa was refused for failing to meet Schedule 3 criteria, you might still have some options available to you. This includes applying for a partner visa from outside Australia, appealing the decision with the Administrative Review Tribunal, or applying to the Minister to personally intervene in your case.
If you’ve received a visa refusal, the PAX Migration team is here to help. Contact us to find out more about your options.
To help increase your chances of a successful outcome, your Schedule 3 criteria partner visa application should show that you meet each relevant requirement.
Working with the expert migration agents at PAX Migration can help to increase your chances at a successful visa application. Our team provides expert legal advice tailored to your personal circumstances and will make sure you understand exactly which Schedule 3 criteria apply to your partner visa application. We’ll identify any potential risk factors as they apply to your application, and the best way to address them, pre-empting any potential problems, reducing your chances of unnecessary costs, delays or refusals.
Processing times are wildly variable for Schedule 3 criteria for partner visas, but they generally carry a longer visa processing time than the 820 partner visa, as each application is assessed on the individual’s own circumstances.
Not sure where to start? Let’s talk.
At PAX Migration, we’re experts in all things migration. We’ll be by your side at every stage of your partner visa journey, from understanding the Schedule 3 criteria partner visa requirements that apply to you and submitting your application.
About the author
Con Paxinos is a dedicated immigration expert who has helped over 200 clients with their partner visa applications.
Con holds a Bachelor of Laws and Graduate Certificate in Migration Law, a Bachelor of Commerce and is a member of the Chartered Accountants Australia New Zealand. A recognised leader in the immigration advice industry, he’s served on the board of the Migration Institute of Australia and advisory panels to educate and improve Australia’s immigration system, including the Migration Institute Temporary Visa Program Advisory Panel (2024), the South Australian Ministerial Advisory Council for the Minister for Innovation and Skills (2020 – 2022) and is a current member of the South Australian State MIA Committee (2023 – 2025). He’s provided testimony to the Commonwealth Joint Standing Committee on Migration on four occasions (2019 – 2023) and presented at dozens of seminars and conferences on visas and migration. Con works closely with state and federal governments as well as senior officials within the Department of Home Affairs and other stakeholders in the Australian immigration ecosystem to advocate for improved policy outcomes.