What to do if you are caught by Schedule III
Schedule III Criteria can be confusing for agents as well as practitioners given the number of discretionary factors involved in assessing whether an applicant meets criteria applicable to waiver provisions.
To put it simply, visas such as partner visas require an applicant to be a holder of a substantive visa or at the time of application if the application is made inside Australia. There may be situations where an applicant does not hold a substantive visa. For example, an applicant might be holding a Bridging Visa, or they may in fact be an unlawful non-citizen.
If either of the two elements apply, in addition to meeting ordinary visa applicant criteria, an applicant will need to meet the following:
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