Common Mistakes That Trigger Schedule 3 Refusals (And How to Avoid Them)
Applying for a visa in Australia, and you’ve learnt that you may be subject to Schedule 3 and may be dealing with visa restrictions, which may affect your future visa application to a visa refusal. Knowing the common mistakes that lead to Schedule 3 refusals – and how to prevent them – can improve your chances of a successful application.
What is Schedule 3?
Schedule 3 applies to applicants who are not holding a substantive visa during their application and do not meet certain eligibility criteria. If you fail to satisfy Schedule 3, your visa application may be refused.
What Are the Common Mistakes That Lead to Schedule 3 Refusals?
Applying for a visa onshore (in Australia) without meeting Schedule 3 criteria. It is highly recommended to check your current visa status (whether unlawful or holding bridging visas) before making a new visa application. If you aren’t eligible under the exemption or don’t meet the criteria, consider seeking legal advice to explore options like applying for a waiver or applying for the visa offshore (outside of Australia).
If you submitted an application without demonstrating compelling reasons why your case warrants an exception. It is best to gather supporting evidence to support claims of hardship, family ties or other exceptional circumstances. Engage with an immigration lawyer to build strong evidence to strengthen the chances of waiving Schedule 3 restrictions.
What Can I Do Next to Address Schedule 3 Criteria?
Speaking with an Accredited Specialist in Immigration Law can be invaluable in getting tailored professional advice and in preparing your case for a Schedule 3 waiver. The lawyers can determine whether your circumstances provide genuine, compelling reasons to seek a waiver.
If you do not meet Schedule 3 criteria, you may have to consider applying for the visa from outside of Australia.
Related:
Can Emotional Hardship Be Used as a Waiver for Schedule 3 Requirement?
Can a Planned Desire to Have a Child Waive the Schedule 3 Criteria?
How Can Agape Henry Crux Assist
Schedule 3 refusals are common for many visa applicants, often caused by simple but critical mistakes. Seek professional guidance by speaking with Jason Ling or Angela De Silva, our Accredited Specialists in Immigration Law at Agape Henry Crux. Having a strategic plan today can save you time, money and stress tomorrow. 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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