What is Schedule 3 Criteria?
Suppose you are applying for a visa in Australia and have spent time in the country without a valid visa. In that case, you may encounter Schedule 3 criteria, affecting your visa application.
What is Schedule 3?
Schedule 3 criteria under the Migration Regulations 1994 apply to certain visa applicants who have previously been unlawful in Australia. The purpose of Schedule 3 is to bar individuals who have overstayed their visas or breached visa conditions from applying for most Australian visas onshore, unless there are compelling reasons. There are 5 main criteria listed under Schedule 3:
3001
3002
3003
3004
3005
When Does Schedule 3 Apply?
Schedule 3 criteria typically apply to applicants who:
Are applying for certain types of visa subclasses
Related:
Which Visa Subclasses Require Meeting Schedule 3 Criteria?
Typically, the common visa that requires meeting Schedule 3 criteria is the partner visa. However, other visa subclasses have similar Schedule 3 requirements, which include but are not limited to:
Visitor (Subclass 600) - If applying within Australia and under the Tourist stream
How Does Schedule 3 Requirement Affect Your Future Visa Applications?
To meet Schedule 3 criteria, applicants must demonstrate that they held a valid substantive visa. However, if the applicant is not holding a substantive visa, i.e., a bridging visa, or is not holding a visa, the visa application may be refused. The applicant may request a waiver by providing evidence of compelling reasons.
How Can Agape Henry Crux Assist
Schedule 3 criteria can be a challenging hurdle for visa applicants who have been unlawful in Australia. Consider engaging with one of our Accredited Specialists in Immigration Law at Agape Henry Crux. The team specialises in handling highly complex matters. 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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