Does Schedule 3 Only Apply to Partner Visas?
Although partner visas are some of the most common visas where you will need to meet the additional requirements under Schedule 3 if you are unlawful, they are not the only visas with these requirements.
What are the Schedule 3 requirements?
The Schedule 3 requirements, found in the Migration Regulations 1994 (Cth), are additional criteria that can apply to unlawful non-citizens and certain bridging visa holders. There are 5 main criteria listed under Schedule 3:
3001
3002
3003
3004
3005
What are the 3001 and 3002 Criteria?
3001 and 3002 prescribe time limits for when a visa application can be made. 3002 is exactly the same as 3001, with the only exception being that applicants are given 12 months rather than 28 days to apply. Under 3001, you will need to make an application within 28 days of last holding a substantive visa, last entering Australia unlawfully or being notified of the Administrative Review Tribunal’s decision to set aside a decision to cancel your visa or not to revoke the cancellation of your visa.
What are the Similarities of 3003 and 3004 Criteria?
3003 and 3004 operate quite similarly to each other, with the main differences being their first two criteria. The first two criteria of either can be found under subsections (a) and (b) of 3003 and 3004. If you meet the first 2 criteria, you will then need to demonstrate that there are compelling reasons for granting your visa. These compelling reasons can include circumstances that have developed after you have lodged your application leading up to the time that it is decided.
What is the Main Difference between the 3003 and 3004 Criteria?
The main difference between 3003 and 3004 is that the former applies to unlawful applicants from 31 August 1994 or earlier, while the latter applies to unlawful applicants from 1 September 1994 onwards.
What is the Purpose of 3005 Criteria?
The purpose of 3005 is to ensure that an individual is only ever given one waiver if the Schedule 3 criteria apply to them. As the main rationale behind Schedule 3 is to encourage applicants not to remain unlawfully in Australia and apply for visas when they still hold substantive visas, the requirements for obtaining a waiver are high, and only one waiver can be granted to an applicant.
Related: Can Emotional Hardship Be Used as a Waiver for Schedule 3 Requirement?
Which visas does Schedule 3 apply to?
The Schedule 3 criteria apply to most visas where an applicant needs to be onshore, ensuring that they cannot easily apply for a visa if they have been unlawful.
Visas which require applicants to meet the Schedule 3 criteria include:
Tourist (Subclass 676) - If applying within Australia
Visitor (Subclass 600) - If applying within Australia and under the Tourist stream
How Can Agape Henry Crux Assist
If you are in a complex matter of schedule 3 on your visa cancellation. Agape Henry Crux has a team of immigration lawyers and registered migration agent who works together with our Accredited Specialists Immigration Lawyers. The team specialises in handling highly complex matters, and if you are unsure of what to do next. Schedule an appointment with one of our solicitors to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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