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Schedule 3 Australia 2026: Partner Visa Applicants Without a Substantive Visa
Schedule 3 to the Migration Regulations 1994 contains additional criteria that can apply to unlawful non-citizens and certain bridging visa holders. It is especially important in onshore Partner visa cases where the applicant does not hold a substantive visa at the relevant time.
How Schedule 3 applies to subclass 820
The current subclass 820 criteria provide that an applicant who is not the holder of a substantive visa generally must satisfy Schedule 3 criteria 3001, 3003 and 3004 unless the Minister is satisfied that there are compelling reasons for not applying those criteria. Special rules exist for certain diplomatic or special-purpose visa cases.
Current legislation: Migration Regulations 1994 — subclass 820.211 and Schedule 3.
Criterion 3004
Where criterion 3004 applies, the decision-maker must be satisfied of several matters, including that the applicant lacks a substantive visa because of factors beyond the applicant's control, that there are compelling reasons for grant, that there has been substantial compliance with relevant visa conditions, and that other specified historical and prospective requirements are met.
Compelling reasons not to apply Schedule 3
Subclass 820 contains a separate discretion allowing criteria 3001, 3003 and 3004 not to be applied where the Minister is satisfied that compelling reasons exist. The phrase is not a simple checklist: the assessment is fact-specific and must be made under the correct statutory framework.
What Home Affairs tells Partner applicants
Home Affairs currently tells subclass 820 applicants that if they do not hold a substantive visa when applying, and they did not previously hold a Prospective Marriage subclass 300 visa, they must demonstrate compelling reasons for grant of the Partner visa.
Department source: Subclass 820 Partner visa requirements.
See our main Partner Visa 820/801 Australia 2026 guide.
Schedule 3 does not apply identically to every visa
Whether Schedule 3 applies, which criteria apply and whether a discretion is available depend on the specific visa subclass and the applicant's visa history. It should not be assumed that the subclass 820 wording applies to every onshore visa application.
