What Are the Common Schedule 3 Mistakes That Lead to Refusal?
Applying for an Australian visa can be a complex process, and for onshore applicants without a substantive visa, Schedule 3 of the Migration Regulations often presents a hurdle. This section of the legislation dictates extra criteria the applicant must meet, and many visa hopefuls make a mistake here, leading to a disheartening refusal.
What is Schedule 3 and Why Does it Matter?
Schedule 3 is a set of criteria that applies to certain onshore visa applications lodged by individuals who do not hold a substantive visa at the time of application. A substantive visa is any visa except a bridging visa, criminal justice visa, or being an unlawful non-citizen.
The purpose of Schedule 3 is to encourage non-citizens to maintain lawful status by applying for a new substantive visa before their current one expires. It is also to discourage “visa hopping” and prevent individuals from extending their stay indefinitely without meeting core requirements.
If Schedule 3 applies to your application and you fail to meet its criteria, your visa application may be refused.
What are the Common Schedule 3 Mistakes that Lead to a Visa Refusal?
The most common mistake is not holding a substantive visa at the time of application. Many applicants let their previous substantive visa expire, become an unlawful non-citizen, or hold only a bridging visa, and then try to lodge a new onshore visa application. What you can do to avoid this mistake is always apply for your next substantive visa before your current substantive visa expires. If you have an application for a substantive visa processing, ensure you maintain a valid bridging visa, but remember it is the substantive visa that avoids Schedule 3.
Another common mistake would be believing personal hardship (e.g., losing a job, missing family) is automatically enough to waive Schedule 3. To avoid this mistake, a Schedule 3 waiver requires demonstrating “compelling reasons affecting the interests of an Australian citizen, permanent resident (PR) or an eligible New Zealand citizen.” This is a high bar. Evidence must show how an Australian person would suffer significant hardship, or how the waiver benefits Australia’s interests, if you are forced to leave. Personal hardship alone is rarely sufficient.
Next, if providing general statements of hardship or submitting insufficient documentation to support claims for a waiver. That is also a common mistake that can be easily avoided. Your Schedule 3 waiver needs specific, strong evidence documentation. Speak with an Accredited Specialist in Immigration Law for professional guidance.
In addition, delaying the application process after your substantive visa expires, in hopes that the circumstances will improve, is also a common mistake one may make. The longer you are without a substantive visa, the harder it becomes to justify a Schedule 3 waiver.
Also, assuming all onshore visa applications can be granted a Schedule 3 waiver is an avoidable misstep. Waivers are primarily considered for specific visa subclasses, most notably the Partner Visa (Subclass 820), where you can demonstrate compelling reasons. Many other onshore visa types do not have a Schedule 3 waiver provision.
Related: Which Visa Subclasses Require Meeting Schedule 3 Criteria?
How to Overcome Schedule 3 for Your Visa Application?
Always plan your next visa application well in advance of your current substantive visa’s expiry. This is the most effective way to avoid Schedule 3 altogether.
If you are on a bridging visa or without a substantive visa and need to apply offshore, consult with an experienced immigration lawyer, such as Jason Ling or Angela De Silva, as soon as possible. Jason and Angela specialise in highly complex matters, so they can assist in assessing if you are eligible for a Schedule 3 waiver and help you identify if your compelling reason is robust for the waiver.
Always provide truthful information to the Department. Otherwise, your visa application may be refused under Public Interest Criteria (PIC) 4020.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
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?
Don't Lie to Your Immigration Lawyer! Why Honesty is Your Best Defence
How Can Agape Henry Crux Assist
Schedule 3 refusals are common among many visa applicants, often due to 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 and Mandarin. We can also help you arrange an interpreter if this isn't your language.
Our founder and principal lawyer, Jason Ling, has been recognised in the 2026 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.
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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