Schedule 3 criteria for a partner visa, and applying from a Bridging visa E

Schedule 3 adds criteria 3001, 3003 and 3004 for an onshore partner visa applicant without a substantive visa, unless the Minister finds compelling reasons not to apply them. Under clause 820.211(2)(d)(ii) of the Migration Regulations 1994, check whether you meet the criteria or need the compelling-reasons waiver.

A Bridging visa E is not a substantive visa under section 5(1) of the Migration Act 1958.

Criterion 3001 in Schedule 3 to the Migration Regulations 1994 requires a valid application within 28 days after the relevant day. Under section 46(1A) of the Migration Act 1958, an unwaived no-further-stay condition is a separate barrier to a valid onshore partner application.

Gather your visa history and evidence explaining any period without a substantive visa.

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Schedule 3 criteria for a partner visa

The Migration Regulations 1994 require the relevant applicant to satisfy criteria 3001, 3003 and 3004 unless the Minister is satisfied that there are compelling reasons not to apply them. The checklist summarises criterion 3001 and the supplied criterion 3004 factors; it is not a complete eligibility assessment.

Under Schedule 3 to the Migration Regulations 1994, the seven checks are:

1. Criterion 3001 — application timing. A valid application within 28 days after the relevant day.
2. Criterion 3004(c) — factors beyond your control. Not holding a substantive visa because of factors beyond the applicant’s control.
3. Criterion 3004(d) — compelling reasons to grant. Compelling reasons for granting the visa.
4. Criterion 3004(e) — substantial compliance. Substantial compliance with the conditions of the last substantive visa and any later bridging visa.
5. Criterion 3004(f) — earlier entitlement. The applicant would have been entitled to the visa if they had applied on the last day of their last substantive visa.
6. Criterion 3004(g) — future compliance. The applicant intends to comply with the visa’s conditions.
7. Criterion 3004(h) — transitional last visa. If the last visa was transitional, it had no no-further-stay condition.

If the applicant does not satisfy the applicable Schedule 3 criteria, clause 820.211(2)(d)(ii) of the Migration Regulations 1994 allows an exception only if the Minister is satisfied that there are compelling reasons not to apply criteria 3001, 3003 and 3004.

At a glance — Checked against supplied primary sources on 3 October 2026

When does Schedule 3 apply to a partner visa?

Yes—Schedule 3 applies under clause 820.211(2)(d)(ii) of the Migration Regulations 1994 when the relevant onshore partner applicant does not hold a substantive visa, unless the Minister is satisfied that there are compelling reasons not to apply the criteria. The criteria named in that provision are 3001, 3003 and 3004.

Under section 5(1) of the Migration Act 1958, a substantive visa excludes bridging, criminal justice and enforcement visas. A BVE therefore does not count as a substantive visa.

Holding a BVE is not the same as being unlawful. Both situations can engage the no-substantive-visa partner branch in clause 820.211(2)(d) of the Migration Regulations 1994.

Schedule 3 to the Migration Regulations 1994 adds grant criteria; it is not another visa subclass. Whether it applies depends on the visa program and the applicant’s applicable branch.

What are the Schedule 3 criteria?

The Schedule 3 criteria checklist has seven checks: criterion 3001 and the six factors in criterion 3004(c)–(h). The numbered checklist above summarises those provisions of Schedule 3 to the Migration Regulations 1994.

Under Schedule 3 to the Migration Regulations 1994, criterion 3003 is the pre-1 September 1994 counterpart to criterion 3004. That date distinguishes their historical application; it is not this guide’s research date.

The narrow transitional-visa wording in criterion 3004(h) of the Migration Regulations 1994 does not replace section 46(1A) of the Migration Act 1958. Expiry of a visa carrying an applicable no-further-stay condition does not, by itself, remove that separate application-validity barrier. See Condition 8503 (no further stay) for that distinct issue; condition 8503 is not the only relevant no-further-stay condition.

The 28-day rule: criterion 3001

28 days after the relevant day is the application period required by criterion 3001 in Schedule 3 to the Migration Regulations 1994. The application must be validly made within that period.

Under criterion 3001 of the Migration Regulations 1994, the relevant day is generally the day your last substantive or criminal justice visa ended, or your last unlawful entry. A special rule applies where a cancellation was set aside by the Administrative Review Tribunal (ART).

This means criterion 3001 in the Migration Regulations 1994 cannot always be reduced to “28 days after your visa expired”. Cancellation, criminal justice visas and unlawful entry require a relevant-day check.

Deadline check: Criterion 3001’s 28 days run from the relevant day under Schedule 3 to the Migration Regulations 1994; check that day before relying on your last visa’s expiry date.

If you miss criterion 3001, the compelling-reasons exception in clause 820.211(2)(d)(ii) of the Migration Regulations 1994 becomes important. Missing the period does not establish an automatic waiver or, by itself, an absolute inability to apply.

Does getting a BVE restart the 28-day period?

No—a BVE grant does not restart criterion 3001’s 28-day period. Schedule 3 to the Migration Regulations 1994 refers to the relevant day, not a later BVE grant; a BVE is not substantive under section 5(1) of the Migration Act 1958.

Does criterion 3002 give partner applicants 12 months?

No—not for the ordinary no-substantive-visa partner branch that requires criterion 3001. Criterion 3002 of the Migration Regulations 1994 provides a 12-month period in a different specified branch, including clause 820.211(2)(d)(i); it is not an alternative deadline you can choose.

How does the Schedule 3 waiver work?

A Schedule 3 “waiver” means the Minister is satisfied that there are compelling reasons not to apply criteria 3001, 3003 and 3004 under clause 820.211(2)(d)(ii) of the Migration Regulations 1994.

Use this three-step preparation sequence to organise the issues raised by Schedule 3 to the Migration Regulations 1994 and any separate application-validity barrier under the Migration Act 1958:

1. Identify the applicable criteria and any unmet requirement. Establish your visa history, the relevant day and which Schedule 3 requirements are at issue.
2. Explain the compelling reasons for not applying those criteria. Keep this argument distinct from reasons to grant the visa under criterion 3004(d).
3. Support the explanation with consistent evidence. Cross-reference the chronology, statements and documents. Also identify separate application-validity barriers.

This is a preparation sequence, not a government-prescribed waiver procedure.

Where the criteria are satisfied, clause 820.211(2)(d)(ii) of the Migration Regulations 1994 does not make the exception automatically necessary. Where one or more criteria are unmet, the Minister must be satisfied of compelling reasons not to apply them; seeking the exception does not establish that it will be accepted.

Are the two compelling-reasons tests the same?

No—criterion 3004(d) concerns compelling reasons to grant the visa; clause 820.211(2)(d)(ii) concerns compelling reasons not to apply the Schedule 3 criteria, under the Migration Regulations 1994. A submission should identify which test each argument addresses.

What goes in a Schedule 3 waiver submission?

Use four parts: visa history, criteria explanation, compelling reasons and supporting evidence. This is an evidence-focused preparation checklist, not an official template or a complete sample submission.

The legal issues come from Schedule 3 and clause 820.211(2)(d)(ii) of the Migration Regulations 1994:

1. Visa history and relevant-day chronology. Record dates, visa types, end or cancellation events, bridging visas and the intended or actual application date.
2. Criteria explanation. Explain the facts relevant to criterion 3001 and the applicable criterion 3004 factors, including substantial compliance and earlier entitlement.
3. Compelling-reasons argument. State why the Minister should not apply the criteria, keeping that argument distinct from criterion 3004(d).
4. Supporting evidence and cross-references. Match each factual assertion to a document or statement; identify gaps and inconsistencies.

For document organisation, consider visa grant and decision notices, a dated account of events, and records supporting claimed factors beyond your control. Records about compliance with visa conditions may also help explain the facts. These are suggestions, not a list of mandatory government documents.

Include relevant applicant and partner statements, using consistent dates. A partner or sponsor’s perspective can help explain the reasons advanced, but sponsorship does not remove the Schedule 3 requirements in clause 820.211(2)(d)(ii) of the Migration Regulations 1994.

Is there an official Schedule 3 waiver sample?

This guide does not provide an official Schedule 3 waiver sample; no verified sample is supplied in its primary-source base. Use the four-part structure above to organise your own facts and evidence.

What is the Schedule 3 waiver success rate?

This guide does not publish a Schedule 3 waiver success rate because its primary-source base contains no verified rate. The checklist is not a prediction of approval.

Schedule 3 and a Bridging visa E

A BVE’s role in your immigration status is separate from eligibility for an onshore partner visa:

1. A BVE does not remove Schedule 3. A BVE is not a substantive visa under section 5(1) of the Migration Act 1958, so the relevant subclass 820 criteria in clause 820.211(2)(d) of the Migration Regulations 1994 still require examination.
2. A valid partner application and a BVE application are separate from a BVE grant. The Migration (Arrangements for Bridging visa applications) Instrument (LIN 21/045) 2021 approves some substantive-visa forms, including relevant 47SP forms, as BVE application forms. The Home Affairs — Subclass 050 Bridging visa E page says some valid onshore substantive applications also constitute BVE applications, and that it will tell applicants when this happens.

Under the combined-application rules in the Migration Regulations 1994, the BVE application depends on the substantive application being valid. A combined application is not an automatic BVE grant, and an invalid partner application must not be relied on to keep you lawful.

An applicable, unwaived no-further-stay condition remains a separate partner-application validity barrier under section 46(1A) of the Migration Act 1958. Holding a BVE does not remove that barrier.

From Schedule 3 to a partner visa on a Bridging visa E

Schedule 3 is one eligibility issue when moving from a BVE to an onshore partner application, not the full application process. Clause 820.211(2)(d) and Schedule 1 item 1214C of the Migration Regulations 1994 distinguish partner eligibility from application validity. For the broader pathway, see partner visa from a Bridging visa E; for an expired-visa situation, see first 28 days after your visa expires, remembering that expiry is not every possible criterion 3001 relevant day. For the visa’s broader role, read Bridging visa E explained.

An Australian migration lawyer can check your relevant day, evidence against the Schedule 3 factors and any separate no-further-stay barrier before lodgement. These checks address criterion 3001, criterion 3004 and the partner-application validity rules in the Migration Regulations 1994 and Migration Act 1958; they do not predict approval.

Bridging Visa E Guide is an information guide, not a government site or law practice. This information is general and does not replace advice about your circumstances.