Bridging Visa Holders | How Schedule 3 Waivers Can Help Your Partner Visa
Suppose you are in Australia holding a bridging visa, such as a Bridging Visa A (BVA) (Subclass 010) or a Bridging Visa B (BVB) (Subclass 020) and want to apply for a Partner Visa. In that case, you may not meet the Schedule 3 criteria. This regulation applies to applicants who do not hold a substantive visa at the time of their application.
What is Schedule 3?
Schedule 3 is a criterion that specific visa applicants must meet if they do not currently hold a substantive visa when they lodge their visa application. Often, for one who may not meet Schedule 3 criteria, individuals are on a bridging visa or are an unlawful non-citizen and not holding a visa at all.
What are the Key Considerations for Bridging Visa Holders?
Even though the word “visa” is in the Bridging visa name, it is not considered a substantive visa. Hence, if a bridging visa holder wishes to apply for a Partner visa and does not meet the Schedule 3 requirements, it could lead to a visa refusal.
If you do not meet Schedule 3 requirements, you have to seek a waiver to address it if there are compelling reasons.
How to Seek a Schedule 3 Waiver?
If you have identified that you may not meet the Schedule 3 requirement, it is best to speak with an Accredited Specialist in Immigration Law to discuss the next best steps before lodging for a Partner Visa. They are also able to assist in identifying if your circumstances have a strong compelling reason to address the Schedule 3 requirement.
Work together with an Immigration Lawyer to prepare substantial evidence to support your waiver. The legal representative can help to strengthen your case and align with existing policy guidelines and case laws.
What if Your Partner Visa is Refused Due to Schedule 3?
If your Partner visa is refused due to Schedule 3, consult with an Accredited Specialist in Immigration Law, such as Jason Ling or Angela De Silva, to identify any further issues and assist in seeking a merit review to the Administrative Review Tribunal (ART).
How Can Agape Henry Crux Assist
Schedule 3 criteria can be a challenging hurdle for Partner visa applicants. Consider seeking professional guidance with one of our Accredited Specialists in Immigration Law at Agape Henry Crux. 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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