# Schedule 3 waivers



## CCMS (Oct 10, 2013)

There seem to be an increasing number of people who are getting sc. 820 (onshore partner) visas refused, because they fail to meet schedule 3 criteria.

Schedule 3 criteria apply to people who, at the time they apply for a sc. 820 visa, are either unlawful or hold a bridging visa.

If that is the case, the applicant must satisfy Schedule 3 criteria 3001, 3003 and 3004, unless the Minister is satisfied there are *compelling reasons* for not applying those criteria.

'Compelling reasons" is not defined in the Migration Regulations and this means that the meaning of this open to interpretation by case officers.

Previously many applicants managed to get a waiver from schedule 3 criteria relatively easily. However,the DIBP have now changed their interpretation of 'compelling reasons" and in most cases it is much harder (if not impossible) to get the schedule 3 criteria waived.

Note also that the new interpretation is applied retrospectively.


If you are affected by schedule 3 criteria seriously consider if it is likely that you will qualify for a waiver and if it is worth to lodge an onshore application, as refusals are very expensive and immensely stressful.

If you have already applied for an onshore partner visa and you get a request to submit information regarding any compelling reasons to waiver Schedule 3, make sure you properly address the request.

In both cases it might be wise to get professional advice, before doing anything.


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## Melody (Nov 3, 2014)

Nice information !

I heard now "having children" and the "length of the relationship" _don't really_ count as "compelling reasons" anymore. Is that correct ?


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## 29pras (Jul 1, 2014)

I just submitted my compiling reasons. ...last week ....been in relationship from last 3years. Don't know what's gonna happen.


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## CCMS (Oct 10, 2013)

Melody said:


> Nice information !
> 
> I heard now "having children" and the "length of the relationship" _don't really_ count as "compelling reasons" anymore. Is that correct ?


Unfortunately it is...


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## CollegeGirl (Nov 10, 2012)

29pras said:


> I just submitted my compiling reasons. ...last week ....been in relationship from last 3years. Don't know what's gonna happen.


Nick can correct me if I'm wrong (since I'm not a migration agent. ) but if your three-year relationship was the reason you asked for the waiver, that's not a reason I believe they accept anymore (see the comment above yours and Nick's confirmation below yours). Talking to an agent would be the best thing you could do - you may be best off withdrawing your application (losing the fee, unfortunately), going offshore and applying from there. That would be better than a visa refusal and you wouldn't lose possibly months of your life waiting on that refusal.


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## Melody (Nov 3, 2014)

I don't know but I think it's kinda "fair" imo. I entered Australia in an honest way and intention (PMV and then 820 visa). Hypothetically speaking, if someone who entered Australia in tourist visa to work and overstay, and working illegally for years (taking jobs from Australians, not paying tax), and then in the end he just "find an Australian partner" and "have a family", apply for a partner visa and voila he's a PR too. Exact same PR like me. Just because "he's been in Australia for yeaaarrrsss and have a family now and settled and rahrahrah all the bs". It's not fair for everyone who wants to come / came in honest way and intention. 

But if it's actually unavoided that someone overstay their visa (let's say he got hit by a truck and quickly make efforts to inform immi / fix his immigration status) then yeah by all means.

Hopefuly this rule can cut down all those peoples who intentionally overstay their visa for years and find an Aussie partner to legalise their status.

No offence. It's all just my opinion


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## rani (Aug 8, 2013)

Well its not only affecting people who were illegal. Its also affecting people who where on bridging visas. My husband came here to study, he studied, attended all his classes, passed all his courses in the top percentage. Applied for another course and tried to extend his visa and it got refused because they deemed him to have studied too much. He applied for MRT... We met and wanted to marry... We went to a MARA registered lawyer for help and they took our money and unfortunately gave us bad advise... They didnt even tell us he would be subject to schedule 3. We didnt even know what schedule 3 was until our current agent told us. If theyd told us we had to do an offshore application we would have but they didn't. I wish we'd have found this forum instead of that agent.

So we are lumped in with people who came here as students... Who never really wanted to study... Who spend years working and stay illlegally then find a partner to legitimise themselves. It may be all well and good to prevent the illegal people using the system this way but its grossly unfair to be lumped in with them. Its grossly unfair that its applied retrospectively.. We are just feeling so sad and stressed. We feel we have done everything honestly with immigration and this will set our lives back so much, is unneccessarily cruel and may very well prevent us ever having a child.

I can only hope we get the waiver... Would like to hear from anyone who has got the waiver since the rule changed.


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## chicken999 (May 2, 2013)

Melody said:


> I don't know but I think it's kinda "fair" imo. I entered Australia in an honest way and intention (PMV and then 820 visa). Hypothetically speaking, if someone who entered Australia in tourist visa to work and overstay, and working illegally for years (taking jobs from Australians, not paying tax), and then in the end he just "find an Australian partner" and "have a family", apply for a partner visa and voila he's a PR too. Exact same PR like me. Just because "he's been in Australia for yeaaarrrsss and have a family now and settled and rahrahrah all the bs". It's not fair for everyone who wants to come / came in honest way and intention. But if it's actually unavoided that someone overstay their visa (let's say he got hit by a truck and quickly make efforts to inform immi / fix his immigration status) then yeah by all means. Hopefuly this rule can cut down all those peoples who intentionally overstay their visa for years and find an Aussie partner to legalise their status. No offence. It's all just my opinion


I agree with u melody, too many people are abusing the system and applying this way when they should go offshore and apply then come back on tourist visa and wait or wait it out overseas like everyone else


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## EDT (Aug 22, 2014)

I guess its fair enough across the board especially for offshore applicants.


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## Melody (Nov 3, 2014)

Double post edit


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## hopinganddreaming (Mar 19, 2013)

Schedule 3 issues are far more complex than people who choose to stay in Australia illegally. As previously mentioned, it also impacts people on bridging visas.

My husband and I have been through this recently. His 820 was refused as the case officer felt we did not have compassionate reasons for a waiver. PAM3 Guidelines outline a number of examples that may qualify as compelling and compassionate grounds for a waiver - we met almost all of these and were still refused. 

We took our case to MRT and just learnt that we were successful - our case has been remitted to the department. 

It's not all sunshine and roses for those of us applying for a schedule 3 waiver - in many cases our circumstances are incredibly tough, hence why we were approved for a waiver by the MRT. Trust me, life would be much easier if we were in a position for hubby to head home, apply, visit us on a tourist visa etc - but in reality our situation does not allow for this - I think it is only just and right that there are clauses in the law that allowed us to apply on shore.


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## rani (Aug 8, 2013)

Congrats Hopingandreaming.. its good to hear at least someone was successful and I hope you and your hubby have a bright future


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## Dinkum (Jan 5, 2014)

*Good news*

Thanks for sharing your wonderful news Hoping&Dreaming. Your hopes and dreams are surely coming true. Take time to relax and celebrate a little and prepare for the next stages of your journey together. Best wishes and good luck... 



hopinganddreaming said:


> Schedule 3 issues are far more complex than people who choose to stay in Australia illegally. As previously mentioned, it also impacts people on bridging visas.
> 
> My husband and I have been through this recently. His 820 was refused as the case officer felt we did not have compassionate reasons for a waiver. PAM3 Guidelines outline a number of examples that may qualify as compelling and compassionate grounds for a waiver - we met almost all of these and were still refused.
> 
> ...


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## hopinganddreaming (Mar 19, 2013)

Thank you so much - we are so relieved!😄

As Martin Luther King once said "unarmed truth and unconditional love will have the final word ". He was right! ✊

If anyone needs any support re: schedule 3 or their MRT journey, feel free to PM me. 

Best wishes to you all. X


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## Island Girl (Mar 31, 2014)

Heartiest congratulations to you, hoping and dreaming and your partner!


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## bigpete (May 26, 2015)

hopinganddreaming said:


> Thank you so much - we are so relieved!&#128516;
> 
> As Martin Luther King once said "unarmed truth and unconditional love will have the final word ". He was right! ✊
> 
> ...


Hey i am not sure how to PM you but added you to my friends list
would be great if you could let me know about schedule 3 and how you beat it.

thanks


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## potyec (Feb 11, 2015)

Hello everybody 
I have got a Remaining relative visa refused . Im gonna lodge the 820 on shore . 

About me a little bit :

Im came to australia to my father with tourist visa (Citizen) I have not seen him 10 years . After we decided I can try to start to live here so we did a remaining relative visa . Was bad decision i get refused ( actually my mother has to die to be able to stat such a stupidity ) I took to MRT And I was waiting . 
Before MRT i was thinking to go back to Europe but right after few days when I decided I go back I met a girl ... I meant to date with somebody but she did not show up after I went to Bondi Beach and I met her on the beach . We talk have a coffe . Now after almost 2 year we live together we married and happy genuine couple . Now we gonna lodge the onshore partner visa 820 and I know I m gonna get schedule 3 . This is really really tough time which we go true but you all probably already know this .... I love her and I don want to stay with her she has school to finish she has car loan here , dog and already some builded up live we have here .
We are not faking about our relation... I don't even minde to go back to EU ( Im not doing this to stay here because the country I do this because her and us for our future ) but she is Citizen here and If we build a family this is a more nice safe and better country to do that . Your work has a valeu ! 


So the thing is even if we have everything evidence about our relation (rent,gas elecricity , thousends of photos and everything else , I still don't know what to write because even Mark sad we don't have compelling reason on scheduel 3 ....
How can somebody leave her own wife here 1.5-2 years ... paying every bills alone with school , loan ... this is just wrong ! Ofc its gonna affect on everything If I have to leave she cant come with me car loan cant be cancelled , to take home the dog cost 5000$ !! , + she cant even ejoy europe because not everybody can talk english there .. She have to cancell her Dental Technician school in the last 1.5 year because of this ?! 

I payed a lawyer he ripped me off with no result on remaining relative visa .. so I dont recomment any agent woithot online feedback how good he is 



But After I went to MARK he is a really really nice guy seems he knows what he doing ( still he sad he think we not gonna win even on MRT)


So what you guys suggest me what should I write because I don't know .... We are trying to survive this stressfull moments but sometimes you feel you need help . 

Sorry for my long post have a great day .


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## Maggie-May24 (Jul 24, 2011)

You won't win your MRT as you don't meet the criteria for the Remaining Relative Visa if your mother is still alive overseas. MRT is for when you don't think the CO has properly assessed your application, not for situations where you don't meet the requirements for the visa.

I don't think not wanting to spend time apart from your wife is a compelling and compassionate reason for Schedule 3. Many many applicants spend considerable time apart while they wait for their visas to be processed. I'd go offshore and apply for your partner visa and then apply for a visitor visa to return to spend the waiting time with your wife.


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## CCMS (Oct 10, 2013)

The general concensus seems to be that unless there are children involved, if you have been unlawful at any stage, the chance is 98 % that a schedule 3 waiver will be refused.

If you are thinking of applying offshore, you should also consider ways for your partner to join you at regular intervals. If you remain completely apart for the 1 to 2 years it takes to process the offshore application, there may well be issues about the relationship not being genuine come decision time.

They have made it pretty tough and I think worse is to come as the Migration Department is turning into a "Border Protection Force" on 1 July.


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## potyec (Feb 11, 2015)

Im completly lawfull here i have BVA 23 days more


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