Unlawful non-citizens
Applicants whose substantive visa has ended and who are now unlawful face Schedule 3 on any onshore lodgement.
Partner Visa · Onshore Applicants · Unlawful or Bridging Status
You want to lodge a partner visa onshore. But you are unlawful or on a restrictive visa.
Schedule 3 is the rule that blocks onshore partner applications for people without a substantive visa. A waiver exists, but the compelling reasons test is strict. This page explains when it can be granted and how to apply.
When Schedule 3 applies
Three scenarios.
Not every partner applicant needs a Schedule 3 waiver. It applies to specific circumstances.
Bridging visa holders (some)
Some bridging visa situations trigger Schedule 3. Most BVA holders do not, but certain BVE and post-refusal scenarios do.
Prior unlawful period
Applicants with a prior unlawful period within recent time can face Schedule 3 issues.
The blanket rule
Schedule 3 does not prevent application absolutely. It adds a compelling reasons test that must be passed.
What compelling reasons means
Narrow. Specific. Documented.
The compelling reasons test is similar to but distinct from the 8503 waiver test. Department policy guides assessments.
Australian citizen or PR childrenChildren best interests are a primary consideration. Strong documented parenting evidence supports the waiver.
Serious health issuesApplicant or immediate family serious health condition. Medical reports, treatment needs, care arrangements.
Genuine relationship evidenceThe waiver does not replace the relationship evidence. Both must be strong. See partner visa guide.
Departure would cause undue hardshipWhere departing and reapplying offshore would cause disproportionate harm to the Australian sponsor or family.
The application process
Submission with the visa, not separately.
Schedule 3 waiver submissions are made as part of the partner visa application, not as a standalone form.
Schedule 3 submission structure
Detailed written submission addressed to the Schedule 3 compelling reasons test. Evidence annexed. First-person narrative.
Relationship evidence parallel
Full partner visa relationship evidence in parallel. Waiver and partner merits assessed together.
Risk of refusal
Refusal means no partner visa grant AND the original Schedule 3 position remains. Plan for offshore alternative if waiver unlikely to succeed.
Schedule 3 waivers are granted in a minority of cases but more often where Australian children are involved.
The best interests of children consideration is the single strongest Schedule 3 waiver factor. Other compelling reasons work, but child-centred cases have the strongest success rates.
Common questions
The questions we hear most.
For Schedule 3 waiver submissions, book with Neha Sharma or Prateek Maan.
Can I apply for a partner visa onshore if Schedule 3 applies?
Yes, with a Schedule 3 waiver submission. Without the waiver, the application will be invalid. Strong waiver submissions are essential.
Is this the same as the 8503 waiver?
Similar but different. 8503 applies to specific visas with that condition. Schedule 3 applies based on the applicant lawful status at lodgement. They can both apply to the same person.
What if my Schedule 3 waiver fails?
Partner visa is refused. Offshore reapplication may be possible, though timing and Section 48 factors need review.
Does Schedule 3 apply to the 309 offshore partner visa?
No. Schedule 3 applies only to onshore (820) partner applications. Offshore 309 is not affected by this rule.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.