# Partner visa:- schedule 3 requirement!!!



## steph013 (Aug 30, 2010)

Hi all,

I would really appreciate some advice regarding my predicament!

I am South African and am applying for a partner visa in perth with my boyfriend of one year who is australian. I was previously here on a student visa at UWA but failed a couple of units in my final semester of my degree in communications and therefore had my student visa cancelled. I had been through a lot during that semester but very foolishly did not see a psych about it so didnt have the supporting documentation from a professional about my reasons for failing those units. I appealed to MRT and bad news again, not enough supporting documentation. Whilst all of this was going on I had been put on a bridging visa E meaning i couldnt work (thank god I had anthony my boyfriend) who financially supported me for 6/7 months during this whole saga. Eventually i reached a dead end and we decided to go with a partner visa. We have enough supporting documentation and have been told we should be able to lodge a valid app but sadly were hit with another bombshell: schedule 3 requirement due to the fact that I do not hold a sustantive visa at present. I was given a form and told to apply for the waiver due to the fact that I completely broke down in the offices when they told me. 

I still rely on him financially due to the fact that I am still on a bridging visa E, I have absolutely no assets in my name in Australia or at home (zimbabwe) I was born in South Africa but grew up in zimbabwe, which is where my entire family still reside. I just recently renounced my citizenship and changed to a south african passport as it was worth a hell of a lot more than a zimbabwe passport. This now puts me in a terrible position due to the fact that if i am kicked out of australia: 1. I will have no money at all 2. No family In South Africa (as they are all in zimbabwe) to help financially and emotionally support me and finally the obvious one, that i will lose the love of my life in the process. I rely on anthony for everything. I am have no idea how to approach this, any advice would be hugely appreciated. Do these reasons sound like they will be valid for a waive of the schedule 3 requirement? (have to have been in a de facto relationship for 2 years as opposed to the general 1 year)

Thanks guys


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## Wanderer (Jun 16, 2007)

steph013 said:


> Hi all,
> 
> I would really appreciate some advice regarding my predicament!
> 
> ...


You're the first person on the forum Steph that has been in that situation and despite the fact that most people coming to the forum are involved in DIY approaches I doubt whether an agent is going to be of any great assistance unless they have very specific MRT appeals/ BVE restriction waiving experience and even then I expect they'll be guided by the regulations.
If the schedule3 waiver does require you to have been in a relationship for two years and you only have been for one year, I am surprised that the Immi people gave you the form and told you to apply, but they have and that may be a good sign that they can make exceptions for compassionate reasons and may consider that you'll have no family in SA to be that.

I'd say the first thing to do would be to apply for the waiver, taking it back to hopefully see the same people who you have seen and who have given it to you.
If you do not get the waiver, you may need to take a short trip out of Australia and airasia do reasonably cheap flights between Perth and KL
You could also check Tiger Airways re Perth to Singapore.
If you have your parther application all prepared to go _[ they take a bit of organising ]_ , you could submit it as soon as you arrive in KL and then while it is being processed, you could apply for a tourist visa on which to return though you'll need to make another trip out when the visa is ready to be granted.
The offshore visa is about $800 cheaper than onshore so you'll still come out about even $$$$ wise and there's worse places to visit.

Hope that helps and let us know how you go.


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## Ladybug85 (Dec 20, 2012)

Hi guys.. I know this is an old post but was wondering if anyone can help me with the Schedule 3 criteria.

I have had my student visa cancelled but applied for a partner visa the same day my student visa got cancelled. Infact the docs were sent to diac way before my visa got cancelled. I have been on bridging visa e for like half day and then moved on brdiging visa c.

This was a year ago and I have been contacted by a co now for information on schedule 3. I have had some medical conditions and so I forwarded the co all medical reports and a stat dec explaining things. I am assuming I have met criteria 3001 as my partner application was made prior to the 28 days period.

I would like to know if cancellation of the student visa would have any effect on the partner visa. 

Any advice will be much appreciated.

Thanks


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## MarkNortham (Dec 19, 2012)

It's somewhat unusual for a CO to ask for this if you were unlawful for only 1 day - it may be that the CO does not have all the facts available. You should take a very careful look at the letter the CO sent you and exactly what info they are asking for. It's also a bit unusual to be put on a Bridging Visa E in these circumstances - normally you should have been given the BV-C right away when presenting yourself to DIAC with an application for a substantive visa within 28 days of your previous visa's expiry.


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## Ladybug85 (Dec 20, 2012)

Hi Mark,

Thanks for the reply. The letter from the CO stated that I should be meet the Schedule 3 criteria 3001, 3003 and 3004. When my student visa was cancelled the documents I sent for my partner visa were already received by diac. I had to go to obtain a bridging visa and since they could not locate the documents straight away, I had got a Bridging Visa E but by evening of that day I was moved on Bridging Visa C.


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## MarkNortham (Dec 19, 2012)

Are they asking for specific documents or evidence? 3003 and 3004 are not an issue; 3001 is the key.


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## Ladybug85 (Dec 20, 2012)

Thanks Mark.

No, they have not asked for any evidence. The letter only mentioned about satisfying requirements 3001, 3003 and 3004. I had to also send a new AFP.

So, I sent the AFP along with a Stat Dec saying that I applied for the visa the same day my student visa was cancelled and some medical information, I have had fertility issues and emotional state of my partner; he was holding a permanent humanitarian visa at that time (now is a citizen) along with medical scan reports just in case.

I still am not sure what 3003 and 3004 are. The letter I received when I went to diac about student visa cancellation did mention that if I a eligible I could apply for a partner visa.


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