Overstayed your visa or found yourself without a valid one in Australia? While the situation is serious, there may still be a way forward. So what is schedule 3 criteria for Australian visas, and how can it help you?

Schedule 3 criteria for Australian visas are for people who are in Australia unlawfully but want to apply for a new visa while staying onshore. These rules are designed to prevent deliberate overstaying and require applicants to provide compelling reasons for their unlawful status. A waiver may be granted, but only in exceptional circumstances.

Understanding Schedule 3 is the first step to getting your visa status back on track. Keep reading to learn what it means, who it applies to and how to improve your chances of a successful waiver.

What Is Schedule 3 Criteria For Australian Visas? A Quick Overview

Schedule 3 criteria apply when someone in Australia has no valid visa or is on a bridging visa and wants to apply for another visa, usually a partner or protection visa. These rules are strict and aim to manage how people stay in the country after overstaying.

To meet Schedule 3, you need to explain why you didn’t apply earlier, show your situation is genuine and prove that allowing you to stay is in the public interest.

It’s not about saying no! It’s about making sure there’s a strong reason to stay. For many, especially in cities like Sydney, meeting Schedule 3 is a key step in staying with a partner or avoiding serious hardship.

Need Help With Schedule 3 Criteria in Sydney? Talk to Lewis & Bollard Today

Facing Schedule 3 rules can feel overwhelming, but you don’t have to go through it alone. At Lewis & Bollard, we’ve helped countless people across Sydney, NSW and beyond turn complex visa issues into success stories. 

Whether you’re applying for a partner visa or need a waiver, our team knows what it takes to build a strong, persuasive case. We understand the pressure you’re under and will guide you every step of the way with clarity, care and real expertise.

We proudly assist clients not just in NSW, but also in VIC and QLD. Call us now on +612 9283 0888 or visit our Contact Us page to take the next step with confidence.

What Is Schedule 3 Criteria?

Schedule 3 is a group of rules under Australia’s Migration Regulations 1994, designed to control how people apply for visas while being unlawful. It sets strict conditions for applying for a visa while inside Australia after a person has lost their lawful status.

These rules aim to stop people from purposely overstaying their visas and later trying to regularise their status without good reason. Still, they also allow for exceptions in special cases.

Schedule 3 tries to strike a balance; it doesn’t automatically block people, but it demands clear reasons and strong evidence. It’s the line between giving someone a second chance and enforcing the system’s fairness.

Rules of Schedule 3 Criteria

Schedule 3 sets out specific rules. If you fall into the group it applies to, these are the hurdles you must clear. Each one is strict and needs strong proof.

• Apply within a set period after your last visa ended: Usually, you must apply within 28 days of becoming unlawful. Waiting longer than this requires a very good explanation. Delays need to be justified with real evidence, like medical reports or hardship statements.
• Show strong reasons for not applying earlier: You need to explain why you didn’t lodge a visa application before your visa expired. Reasons could include illness, family hardship or not understanding your visa status due to poor advice.
• Application must serve the public interest: The Department of Home Affairs checks whether letting you stay is in the public interest. This could mean your relationship is genuine, your health is stable or you undoubtedly contribute to the community.
• Meet all other visa requirements: Even if you satisfy the above, you must still meet all conditions of the visa you are applying for, like character checks, identity documents and relationship evidence (for partner visas).

These rules are firm. But there’s still hope if your case justifies a waiver.

To Whom Does It Apply?

Schedule 3 applies to people in specific situations. These are not rare cases. Many people who apply for a partner or protection visa after their visa expires fall into this group. Below are the key cases where Schedule 3 becomes relevant:

• Visa overstayers: People who remained in Australia after their visa expired and did not apply for another visa on time fall under Schedule 3. Even one day over the limit can trigger these criteria.
• People without a valid visa: This includes those who never held a valid visa but entered unlawfully or those whose visa was cancelled and have not received a new one. In this case, they are considered ‘unlawful non-citizens’.
• People on Bridging Visas applying for a new visa: If you are on a Bridging Visa E (BVE), Bridging Visa C or any other bridging visa due to overstaying or late applications and now wish to apply for a partner visa or another onshore visa, Schedule 3 likely applies.

People applying for onshore Partner Visas (Subclass 820) after losing lawful status often face Schedule 3. Similarly, protection or humanitarian visa applicants without a visa at the time of applying need to satisfy or seek a waiver of Schedule 3 rules.

Australian Visa Types Covered by Schedule 3

In immigration, timing matters. When someone stays in Australia after their visa expires, they move into an unlawful state. In these cases, Schedule 3 criteria kick in, especially if they try to apply for another visa from inside the country.

The criteria are linked to specific onshore visa applications made by people who are unlawful or hold bridging visas. These rules are not attached to every visa type but do show up in critical ones.

Common visa subclasses where Schedule 3 applies include:

• Partner Visa (Subclass 820)
• Protection Visa (Subclass 866)
• Humanitarian Visas
• Skilled Visas (in rare onshore cases)
• Parent Visa (Subclass 804)
• Carer Visas
• Bridging Visa B Applications

It’s important to know that the criteria don’t apply automatically to every person applying for one of these visas. They only apply if you’re unlawful or on certain bridging visas when you apply.

Can You Waive Schedule 3?

Yes, in many cases, the Schedule 3 criteria can be waived. This is where people with compelling situations get another chance. But the process is not simple. You need to show that it would be unreasonable or unfair to apply Schedule 3 in your case.

To request a waiver, you must:

• Explain clearly why you didn’t apply earlier.
• Show why your situation deserves an exception.
• Provide proof of hardship or risk of harm.
• Show that your relationship or need for protection is real.

The waiver process requires:

• A written explanation
• Strong supporting documents
• Legal or factual reasons that align with immigration law

A weak waiver request will almost certainly lead to visa refusal. That’s why care and clarity are essential.

Why Legal Help Matters?

Handling Schedule 3 without expert support is risky. The rules are complex, and mistakes can lead to visa refusal or removal from Australia. Even one wrong document or unclear reason can damage your case.

A registered migration agent or immigration lawyer can:

• Review your immigration history
• Advise on whether Schedule 3 applies to you
• Help prepare a clear waiver request
• Organise your documents correctly
• Speak on your behalf with the Department

Schedule 3 cases are high-stakes. A simple mistake or misunderstanding can cost your future in Australia. Legal support turns fear into hope and gives your story the best chance.

Having professional help also means less stress. You know your case is being handled with care by someone who understands the law inside out.

Wrapping Up

Getting around an expired visa isn’t easy, but it’s not impossible either. If you fall under Schedule 3 criteria, you still have a pathway to stay in Australia, but only if your reason is genuine, well-explained and backed by real proof. Every detail matters. A strong case can lead to a waiver and a chance to reset your immigration journey. Don’t risk guessing your way through; get expert help, stay ahead of the deadlines and take control of your future in Australia.