Getting caught by the Schedule 3 criteria can feel like hitting a brick wall for many visa applicants in Australia. It often happens when someone applies onshore after their previous visa has expired and suddenly, meeting Schedule 3 becomes the deciding factor between approval and refusal. So you need to learn how to meet Schedule 3 criteria for Australian Visas.

To meet the Schedule 3 criteria, applicants must show compelling reasons for applying while onshore, prove substantial compliance with previous visa conditions and explain why applying offshore would be unreasonable. Supporting evidence may include medical records, family hardship or proof involving Australian citizen children, along with meeting standard health and character requirements.

Read on to learn how to strengthen your case and improve your chances of success.

How to Meet Schedule 3 Criteria for Australian Visas: A Quick Guide

Meeting the Schedule 3 criteria takes honesty, clarity and solid evidence. Applicants must show genuine reasons for applying onshore and support them with credible documents.

Key steps include:

• Show compelling reasons – e.g., family hardship, medical issues or caring for Australian citizen children.
• Provide strong evidence – medical records, financial proof or statutory declarations.
• Demonstrate past compliance – show you’ve generally met visa conditions before.
• Write a clear personal statement – link your evidence directly to your reasons.
• Get expert advice – a migration lawyer can help strengthen your case.

With the right preparation and documentation, you can present a convincing case to meet Schedule 3 requirements.

Get Expert Help in Sydney with Lewis & Bollard

If you are in Sydney and worried about meeting Schedule 3 criteria for Australian visas, Lewis & Bollard is here to support you every step of the way. Our lawyers understand how stressful these situations can be, and we know what it takes to build a strong, evidence-backed application. 

With proven experience handling complex cases, we focus on giving you clear guidance and real solutions. We proudly assist clients not only in Sydney but also across Australia, including NSW, VIC and QLD, ensuring that no matter where you are, expert help is within reach. 

Choosing us means choosing trusted professionals who genuinely care about your future in Australia. Call us today at +612 9283 0888 or visit our Contact Us page to take the next step with confidence.

Key Requirements Under Schedule 3 Criteria for Visas

Schedule 3 criteria are specific rules that apply to certain visa applications lodged while a person is in Australia without a substantive visa. These requirements aim to ensure fairness while allowing applicants a chance to explain why they deserve consideration despite their visa status.

The following are the key requirements:

• Application time limits: Must apply within 28 days of visa expiry or becoming unlawful.
• Compelling reasons: Must show strong reasons for applying onshore rather than offshore.
• Compliance with prior conditions: Must demonstrate general compliance with visa rules before expiry.
• Genuine applicant: Must prove the visa is being sought for lawful and genuine purposes.
• Additional evidentiary support: Documents and statements must establish why the application should be considered.

These requirements are applied strictly, but immigration officers may exercise discretion if evidence of compelling circumstances is strong and credible.

Who Needs to Meet the Schedule 3 Criteria?

Not every visa applicant faces Schedule 3 criteria. These requirements apply in specific scenarios, mainly for people already in Australia who lack a valid substantive visa. In other words, it concerns those applying while on bridging visas or after overstaying.

Here are some groups that generally need to meet the Schedule 3 criteria:

• Partner visa applicants (Subclass 820) who are unlawful or only hold a bridging visa.
• Overstayers who remained in Australia after their visa expired.
• Applicants on bridging visas that do not count as substantive visas.
• Individuals applying after becoming unlawful within the 28-day timeframe.
• Those applying for visas with Schedule 3 as a standard requirement, where no substantive visa is held at the time of application.

Schedule 3, therefore, protects the integrity of the migration system while offering a fair pathway for people in unique or compassionate situations.

How to Meet Schedule 3 Criteria for Australian Visas

Meeting Schedule 3 criteria requires clear evidence, strong reasoning and careful preparation. Each step should focus on demonstrating compelling reasons and supporting them with reliable documents.

Step 1: Understand the Role of Compelling Reasons

Applicants must first identify what qualifies as a compelling reason in their situation. Family separation, medical issues and the best interests of children often form the strongest grounds. For example, an Australian partner’s health condition may make it unreasonable for the applicant to apply offshore.

Compelling reasons must be explained clearly, backed by evidence and tailored to the applicant’s personal circumstances. General statements or vague claims are unlikely to succeed.

Step 2: Gather Strong Supporting Evidence

Documents matter more than words alone. Applicants should gather:

• Medical certificates showing health needs.
• Financial documents proving hardship if forced to leave.
• Affidavits or statutory declarations from family members or community leaders.
• Evidence relating to children, such as school reports or statements showing their best interests.

The stronger and more relevant the evidence, the more weight it carries in convincing case officers of genuine compelling circumstances.

Step 3: Demonstrate Compliance with Past Conditions

Even if a visa expires, showing a history of compliance can strengthen the application. This includes proof of lawful work, tax records or evidence that prior obligations were respected.

Where breaches occurred, acknowledging them and explaining why they happened can sometimes help rebuild credibility. Case officers value honesty and context.

Step 4: Provide a Clear Personal Statement

A personal statement should explain the applicant’s story in a direct and transparent way. It should highlight compelling reasons, provide context and connect evidence to the claims being made.

Clarity and sincerity matter. The aim is to show decision-makers why granting the visa onshore is fair, reasonable and consistent with humanitarian or compassionate grounds.

Step 5: Seek Professional Support When Needed

Schedule 3 applications are among the most complex. A registered migration agent or immigration lawyer can help present evidence effectively, address weaknesses and ensure all requirements are covered.

Professional representation can reduce the risk of refusal and provide applicants with reassurance throughout the process.

What Happens if You Don’t Meet Schedule 3 Criteria?

Failing to meet Schedule 3 criteria can lead to serious outcomes. Understanding these consequences helps applicants prepare realistically and avoid surprises.

You may face outcomes, such as:

• Visa refusal: Applications may be refused outright if compelling reasons are not established.
• Loss of bridging visa: Applicants may no longer be lawful in Australia, creating risks of detention or removal.
• Limited appeal options: While refusals can be appealed to the Administrative Review Tribunal (ART), success rates depend on the strength of the case.
• Increased costs and delays: Applicants may face new application fees, legal costs and longer waiting times.
• Requirement to apply offshore: Many refused applicants must leave Australia and apply again from outside the country, causing disruption and separation from loved ones.

For these reasons, thorough preparation and strong evidence are essential before lodging a Schedule 3–affected visa application.

Wrapping Up

Schedule 3 criteria often feel like an obstacle, but with careful preparation, they can be met successfully. Applicants who understand the requirements, gather reliable evidence and present compelling reasons put themselves in a strong position. The key lies in being clear, consistent and proactive throughout the process.

For anyone facing these criteria, the focus should remain on building a persuasive case that reflects genuine circumstances. With the right steps and guidance, Schedule 3 does not have to be the end of your visa journey. It can be the turning point that leads to a positive outcome.