What Onshore Partner Visa Applicants in Australia Need to Know (2025–26 Guide)

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What Onshore Partner Visa Applicants in Australia Need to Know (2025–26 Guide)

Summary

If you or your partner are in Australia and planning to apply for an onshore partner visa (subclass 820/801), there is an important but often overlooked rule you should know about: Schedule 3 of the Migration Regulations 1994 (Cth).

This guide explains what Schedule 3 is, when it applies, how it affects your visa chances, and what you can do if it applies to you, especially if you are on a bridging visa or have become unlawful.

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Schedule 3 Partner Visa Australia
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What is Schedule 3 and When Does It Apply?

  • Schedule 3 adds extra requirements for people applying for an onshore partner visa if they do not have a “substantive visa” (a valid long-term visa) when they submit their application.
  • This situation often arises if:
    • Your previous visa has expired, and you are on a bridging visa; or
    • Your visa was refused or cancelled and you have not secured another substantive visa; or
    • You entered Australia without a valid substantive visa.
  • In short, being on a bridging visa or having an unlawful or non-substantive status means Schedule 3 will apply.

Why Schedule 3 Matters for Partner Visa Applicants

  • Even if you are in a genuine and committed relationship, whether married or de facto, Schedule 3 creates an extra legal hurdle for your application. Just proving your relationship is not enough.
  • If you do not meet Schedule 3 requirements, your onshore partner visa application can be refused, no matter how genuine your relationship is.
  • This regulation exists to deter individuals from overstaying visas or entering unlawfully with the expectation of regularizing their status later via partner visas.

What Are the Key Schedule 3 Criteria

If Schedule 3 applies, your application must meet certain criteria unless you request a waiver. Key points include:

  • Criterion 3001: Generally, apply within 28 days of your last substantive visa ceasing, or from when you became unlawful.
  • Criteria 3003 / 3004: These apply if you entered Australia unlawfully or became non-substantive after a visa expiry, and have not held a substantive visa since.
  • If you fail to meet these criteria, you must demonstrate “compelling and compassionate reasons” why your application should still be granted.

What Could Count as “Compelling Reasons”?

Because the law does not define “compelling reasons,” the decision is up to the case officer. Examples that might be considered include:

  • Having an Australian citizen child with your partner, such that separation causes significant hardship.
  • Serious health, vulnerability or hardship affecting the applicant or partner, beyond normal inconvenience.
  • Other compassionate or unforeseen circumstances beyond the applicant’s control that led to the visa lapse or unlawful stay.

Note: Emotional hardship due only to separation or delay is usually not sufficient on its own.

What Are Your Options If Schedule 3 Applies or Might Apply

If you find yourself in a position where Schedule 3 applies, here are the paths you can consider:

Option 1: Demonstrate compelling reasons and seek a waiver

  • If you truly have strong, compelling, or compassionate reasons (as described above), you can request a Schedule 3 waiver.
  • Prepare detailed evidence such as medical reports, proof that your relationship is ongoing, and evidence of hardship or dependency (like children or a dependent partner). Good documentation and legal presentation are very important.

Option 2: Lodge the partner visa before your substantive visa expires or while you still hold a valid substantive visa

  • The easiest The simplest way to avoid Schedule 3 issues is to apply for a partner visa while you still have a valid visa, before it expires. Apply for partner visa from offshore
  • If a Schedule 3 waiver seems unlikely and you cannot meet the criteria, you might consider applying for an overseas (offshore) partner visa (subclasses 309/100) instead of the onshore 820/801.

Option 4: Seek professional legal advice

  • Schedule 3 cases are complex and highly discretionary. In many cases, using an experienced immigration lawyer or MARA-registered migration agent improves your chances significantly.

Key Takeaways for Couples Considering On-shore Partner Visa

  • Do not assume that having a genuine relationship is enough. If you are on a bridging visa, have a lapsed visa, or are staying unlawfully, Schedule 3 will apply.
  • Always check your visa status carefully. If you still hold a substantive visa — apply before it expires to avoid Schedule 3 complications.
  • If Schedule 3 already applies to you, collect strong evidence for your compelling reasons before you apply.
  • Be honest and transparent. Giving misleading or incomplete information can lead to a refusal.
  • If you are unsure, seek expert legal advice. It can make a big difference to your application’s success.

Why It Matters for You

If you plan to migrate to Australia with your partner — or already live there on a bridging visa — understanding Schedule 3 is critical before you apply. Mistakes or oversight can lead not only to visa refusal, but also to future difficulties in applying again.

At PFEC Global Australia, we believe in giving migrants accurate and current information so you can make informed decisions. If you or someone you know is thinking about applying for an onshore Partner Visa in a difficult situation (such as a bridging visa, visa expiry, or unlawful stay), make sure you understand Schedule 3 and pan ahead.​

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