Schedule 3 of the Migration Regulations sets out criteria for onshore visa applications. For partner visas, the Schedule 3 criteria require that you held a substantive visa at the time of application. If you did not, you need to demonstrate compelling and compassionate circumstances.
Is this your situation?
Your previous visa expired before you lodged the partner visa. You were on a bridging visa that was not a substantive visa. Your visa was cancelled before you applied. Now the Department is telling you that Schedule 3 applies and you need to show compelling and compassionate circumstances.
The bar is high. "We did not know the rules" or "we forgot to apply on time" are generally not considered compelling on their own.
What counts as compelling and compassionate
The Department considers the strength of your relationship, hardship that would result from refusal, the reason for the delay, children of the relationship, and other factors.
Before you lodge - timing matters
If you are about to apply for a partner visa and your visa status is uncertain, contact us before lodging. Getting the timing right can be the difference between needing a Schedule 3 waiver and not needing one.
How Robbie Toor (MARN 1170356) helps
Robbie prepares Schedule 3 waiver submissions with detailed evidence. If you are unsure about your visa status or timing, contact us before you lodge.