How to Meet the Schedule 3 Requirements
How Do you Satisfy the Schedule 3 Criteria?
Did you know that you are required to meet these additional criteria to be granted an Australian visa in certain circumstances? And did you know that this particular requirement applies to a number of visas in Australia?
If you apply for a specific visa while you are in a particular situation, it might trigger Schedule 3 which means you will need to satisfy the additional Schedule 3 Criteria in order to be granted a visa.
The questions I get asked a lot are, “when do I have to satisfy Schedule 3?”, “what even is it?”, “who is this for?” and “is it hard to overcome?”
In this video, I’ll provide an answer to all of these questions and some practical tips for your Schedule 3 situation.
Step by step guide
Jay Son – Australian Immigration Lawyer
Jay Son, our principal migration lawyer and Director of Hummingbird Legal is based in Australia and highly experienced in complex partner visa legal submissions and applications.
Jay is admitted to the Supreme Court of Queensland and the High Court of Australia. Jay is based in Australia and practises exclusively in Australian immigration law.
Jay is a strong migration advocate and is highly experienced in challenging government decisions in relation to Australian immigration law. He solves difficult migration matters and visa problems including complex partner visas, AAT appeals, visa refusals, visa cancellations, Schedule 3 criteria submissions, health waiver and character concerns.
If you want to learn more about Jay, click here.
#1 – Does Schedule 3 Apply In My Situation?
Ok, so the first question is, “who is the Schedule 3 for?”
Well, as I said earlier, it applies if you are in a particular situation when applying for a specific visa so this means that not everyone is required to meet the Schedule 3 criteria – Compelling Reasons.
So we first need to consider what the particular situation actually is.
Now, if you lodge a further visa in Australia while still holding a substantive visa, that is a visa that is NOT a bridging visa, a criminal justice visa or an enforcement visa, it shouldn’t apply to you.
But this also means, in reverse, if you hold a bridging visa, criminal justice visa or an enforcement visa, or you are not holding any visa in Australia altogether, and you are lodging a further visa application in Australia, this is the particular situation that may attract Schedule 3 that I am talking about today.
But this alone doesn’t mean you always have to worry about it straight away. To trigger Schedule 3, you also have to be applying for a specific visa.
Now, these specific visas are currently, subclass 600 visitor visa Tourist stream, subclass 461 New Zealand Citizen Family Relationship visa and subclass 820 onshore Partner visa as well as subclass 403 Temporary Work (International Relations).
So in a nutshell, if you have a substantive visa or you don’t hold any visa at all and you are in Australia and are applying for any one of the earlier mentioned visas, you will need to satisfy the additional Schedule 3 requirements.
#2 – Will My Visa Get Granted If I Satisfy the Schedule 3 Criteria?
Yes and No.
It is important to understand that, even if you satisfy the Schedule 3 criteria, you still need to satisfy all of the other visa criteria before your application can be granted.
So for example, if the application that is in question is a subclass 600 visitor visa tourist stream and you satisfied the Schedule 3 requirements for this visa, you will still have to satisfy that you are a genuine temporary visitor as well as the health and character requirements to be granted this visa.
So if Schedule 3 applies to you, it is important to understand that it does not become the only visa requirement to satisfy. Rather, it becomes an additional requirement which you now need to satisfy on top of the general visa requirements.
#3 – What Are the Consequences of Not Meeting This Additional Requirement?
The consequences of failing the schedule 3 criteria are harsh. Your visa application will be refused and you will need to explore your migration options again.
In this instance, depending on the nature of the visa refusal as well as your individual circumstances, you could consider appealing the decision for a merits review at the AAT or a judicial review at the Federal Circuit Court of Australia, OR you might decide to go overseas and apply for a further visa to Australia. This all comes down to the nature of your situation, your desire and if your visa application is refused because of Schedule 3 , it is best to discuss your options with a migration lawyer and identify the most desirable option in your case.
#4 – What is The Best Way to Satisfy This Requirement?
When it comes to meeting the Schedule 3 Criteria, there are a number of factors to consider, and in many cases, the Department will evaluate your application on a case-by-case basis.
Just to give you an idea of what’s involved, Schedule 3 is generally concerned with:
(1) consideration of your past and future visa compliance history so this is looking at how well you have complied with your previous visa conditions and visa expiry;
(2) any reasons outside your control as to why you applied for your visa while not holding a substantive visa, so with this one you will need to demonstrate that you had certain circumstances that were external to you and over which you had no control of you becoming unlawful or a holder of a non-substantive visa
(3) any compelling reasons for granting the visa which generally stem from compassionate factors due to your circumstances or the circumstances of another person relevant to you.
And lastly, other important information to consider when it comes to Schedule 3 may include the time between you becoming unlawful or a holder of a non-substantive visa and the date your visa application was made as well as whether there were any specific visa conditions that applied in your previous visa.
So as you can see, Schedule 3 is quite a complex visa criterion to overcome and there is no one size fits all solution.
The nature of the Schedule 3 requirement is that you will need to evaluate the entirety of your circumstances and consider how you can satisfy all of the necessary requirements of it from the get go.
Given the individual nature of what’s required, it can sometimes be very challenging to satisfy the Schedule 3 requirements and because of this, if you can, it is always best to put yourself in a positive position in the first place where you can prevent yourself from having to satisfy the schedule 3 requirements. If you speak to a migration lawyer early and try to understand the terms of your visa circumstances, it is possible to prevent it from happening.
Whereas if you are in a certain situation where you simply cannot avoid it from happening and you are about to face or are already facing the Schedule 3 situation, feel free to get in touch with us to discuss.
If you are on a substantive visa and are applying for a further visa in Australia, we can help you make sure you can prevent Schedule 3.
Otherwise, if you are not on a substantive visa and are applying for a new visa in Australia, we can explain whether this particular requirement applies to you initially, as well as your prospects of success, and discuss some strategies with you regarding Schedule 3 and everything else, based on your unique circumstances.
We can advise you on the best course of action based on your unique circumstances. Our contact details are provided in the description box below, so you can call us, email us or send us an enquiry form on our website.
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