In the Australian immigration system, Schedule 3 is a provision that applies to certain visa applications. It is a requirement for a visa applicant to meet Schedule 3 criteria in order to be granted a visa when they do not hold a substantive visa, meaning they are not currently in a valid visa status in Australia.
Schedule 3 applies to certain visa subclasses, including partner visas, skilled visas, and some temporary visas. When a visa applicant in one of these visa subclasses does not hold a substantive visa at the time of application, they are required to meet Schedule 3 criteria to be eligible for a visa grant.
The Schedule 3 criteria include demonstrating compelling and compassionate circumstances for the grant of the visa, showing that the application was made as soon as practicable after the applicant became aware of the need to apply for a visa, and providing evidence that there would be significant harm to the applicant or their sponsor if the visa were not granted.
The Schedule 3 requirement is intended to ensure that visa applicants who are not currently in a valid visa status in Australia have a genuine need for a visa and that granting the visa is in the best interests of Australia. The criteria are assessed on a case-by-case basis and require careful preparation and documentation to demonstrate the applicant’s circumstances and the need for the visa.
In summary, Schedule 3 is a requirement for certain visa applicants who do not hold a substantive visa in Australia. The criteria include demonstrating compelling and compassionate circumstances for the grant of the visa, making the application as soon as practicable, and providing evidence of significant harm if the visa is not granted.