What are ‘Compelling Reasons’ Under Schedule 3 for an Australian Visa?
Learning the ins and outs of an Australian visa application can be complex and confusing, especially if you find yourself needing to apply onshore without holding a substantive visa. In such situations, Schedule 3 of the Migration Regulations often applies, requiring you to meet additional criteria. If you do not meet the Schedule 3 criteria, you might have to demonstrate “compelling reasons” for a waiver. But what exactly does the Department of Home Affairs (DoHA) consider “compelling”?
Understanding Schedule 3 and the “Compelling Reasons”
Schedule 3 applies to onshore visa applications when the applicant does not hold a substantive visa, including if they are on a bridging visa or are an unlawful non-citizen. Its purpose is to ensure that applicants maintain a lawful status and apply for their next substantive visa before their current one expires. If Schedule 3 applies, you generally cannot be granted the visa unless:
You meet the specific Schedule 3 criteria
You obtain a waiver by demonstrating “compelling reasons” for the grant of the visa.
This “compelling reasons” test is critical, particularly for the Partner Visa (Subclass 820/801), which is one of the few visas that requires visa applicants to meet Schedule 3 and allows for a waiver.
Related: Partner Visa Application: What are the Common Mistakes to Avoid?
What Constitutes “Compelling Reasons” for Schedule 3?
The term “compelling reasons” is not precisely defined in migration law, making it discretionary for the Department. As per policy, DoHA may grant a visa if there are sufficiently compassionate factors that are truly compelling. These reasons don’t necessarily have to focus solely on the applicant.
Decision-makers will also consider the consequences of not granting a visa when assessing whether compelling reasons exist. This often means looking at the negative impact a refusal would have, especially on an Australian individual.
Some examples and factors that may constitute “compelling reasons”:
Strong ties and consequences for Australian citizens, permanent residents (PR) or eligible New Zealand citizens. If you have a child born in Australia who has become an Australian citizen; if you are in a genuine relationship with an Australian citizen, PR or eligible New Zealand citizen or that an Australian citizen or PR is significantly dependent on you for care, support, or well-being and the breakdown of the family unit and the severe impact on the child can be seen as compelling.
Circumstances that directly affected your ability to maintain a lawful status or depart Australia and were beyond your control. For example, a serious injury or illness that prevented you from legally leaving the country within your visa’s validity period. These circumstances must generally have arisen after your last substantive visa expired or after you entered Australia, and they must have been unforeseeable.
If you have developed a serious illness that cannot be treated in your home country, and your continued presence in Australia is critical for your treatment, this can be a compelling reason.
What is NOT Considered “Compelling”?
Financial hardship, emotional distress, or the simple desire to stay in Australia, while difficult, are typically not sufficient on their own to be considered as “compelling reasons”. Additionally, falling pregnant is also not considered a compelling reason.
Issues that existed or were predictable when your last substantive visa expired are less likely to be considered compelling.
While fraud by a representative may excuse an entirely innocent applicant, simple errors or negligence by a representative usually do not constitute compelling circumstances for the client.
What Can I do to Address Schedule 3 Criteria?
The “compelling reasons” test for a Schedule 3 waiver is a significant hurdle for visa applications because it is discretionary. It is important to discuss your unique circumstances with an Accredited Specialist in Immigration Law for professional advice and to identify if your specific situation has a genuine chance of meeting the “compelling reasons” standard.
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
Demonstrating “compelling reasons” for a Schedule 3 waiver is a challenging but necessary step for many onshore visa applicants without a substantive visa. Seek professional guidance by speaking with Jason Ling or Angela De Silva, our Accredited Specialists in Immigration Law at Agape Henry Crux. Getting 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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