We recently helped several partner-visa clients successfully obtain a Schedule 3 (Sch3) waiver — lodging their Subclass 820 applications onshore, securing Bridging Visa C with full work rights, and ultimately having the 820 visa granted.
The clients all shared a similar background:holding no substantive visa in Australia (or only a BVE), yet with a long-term partner, many years of life in Australia, and compelling reasons that made departing the country impossible — so they urgently needed to lodge a Subclass 820/801 partner-migration application onshore.
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Challenge 1: Overcoming Schedule 3
For an applicant who is onshore without a substantive visa, Schedule 3 imposes additional restrictions that prevent the applicant from lodging onshore.To lodge onshore, a Schedule 3 waiver is essential.
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Challenge 2: Securing work rights
Each of these clients had a settled life and stable employment in Australia and was the primary financial provider for their family.Generally speaking, until the partner visa is granted, the Bridging Visa C issued to the applicant carries no work rights.Separately securing full-time work rights on the BVC was therefore another priority.
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Success Stories: A step-by-step walkthrough
After successfully lodging the Subclass 820 —
Applying for a Bridging Visa C with work rights
Without a substantive visa, in principle the client could only be granted a BVC without any work rights after lodging the 820. We made further submissions explaining the family’s financial situation and the urgent need to restore employment income, and ultimately secured a BVC with full-time work rights.
Department issues an s.57 notice requesting Schedule 3 submissions
Schedule 3 waiver assessments can move either quickly or slowly now — sometimes a request comes within a few months, and sometimes it takes nearly two years.
For this client, the timeline was as follows:
February 2023: relationship commenced
2023: child born and the Subclass 820/801 lodged
February 2025: received a formal s.57 request-for-information from the Department asking for Schedule 3 submissions
How to argue a Schedule 3 waiver
The biggest misconception held by inexperienced practitioners and DIY applicants is this:simply having a child together is NOT, by itself, sufficient grounds for a Schedule 3 waiver.
Case officers do not weigh a single factor in isolation; they look at the case holistically, including:
whether any visa conditions have been breached
whether circumstances have been engineered to meet the waiver criteria
whether the applicant could, in principle, depart Australia and lodge a Subclass 309 offshore
For each of these clients, we prepared a detailed and tailored submission — working closely with them to surface every relevant document — and argued the case for a waiver across several dimensions:
the family’s financial situation
the sponsor’s physical and mental health
the best interests of Australian citizen / PR children
We emphasised that the clients had not deliberately overstayed — their situations stemmed from genuine health and family-responsibility reasons — and that they had consistently complied with their visa conditions. Every point, however small, was supported by rigorous documentary evidence.
Only after the Schedule 3 submissions were accepted did the Department progressively request further relationship evidence, updated police clearances, and so on.
After nearly two years of waiting, the client was formally granted the Subclass 820 in mid-November 2025. Within a few days, the Department invited the Subclass 801 lodgement.
As a result:
Subclass 820 lodged onshore ✓
Bridging visa with work rights granted ✓
Schedule 3 waiver granted ✓
Subclass 820 granted, Subclass 801 lodged ✓
A final reminder:a partner visa is not a universal shortcut for regaining lawful status after overstaying without a substantive visa. Schedule 3 waiver assessments have been tightening, and a single “sincere” submission will not, on its own, persuade a case officer.The case must be both compassionate and legally sound. Long-term preparation is essential — the earlier you start, the stronger the evidence, and the more coherent the reasoning, the greater the chance of persuading the case officer that your circumstances are genuinely compelling and deserving of a waiver.
If you need a Schedule 3 waiver, or if your relationship or visa history is complex and you are considering a partner-migration application, please contact our specialists below:
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State officials go on the record: invitation schedules and selection rules for all eight state-nomination programs — a complete summary!
Subclass 189 issues 10,000 invitations | Round-by-round totals for the “Big Four” and other popular occupations, with projection table!
State nominations open: South Australia issues its first round; Victoria invites both offshore and onshore candidates — non-priority occupations also s\ucceed!
Migration Information Group
2025
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No. 01 — Australia’s most popular skilled-migration pathways: Subclass 189, 190, 491
No. 02 — Employer-sponsored one-step work-to-migration pathways: Subclass 482, 186, 494
No. 03 — Study first, migrate later: recommended fields and courses
No. 04 — High-school, Gaokao, and undergraduate study-abroad pathways
No. 05 — Essential for international students: the Subclass 485 Temporary Graduate visa
No. 06 — Plan these right after PR: parent migration and parent visas
No. 07 — Master of Marriage: partner migration
No. 08 — Pivoting to Hong Kong: the QMAS and ASMTP schemes
No. 09 — A must for visiting parents, relatives, and friends: the Subclass 600 Visitor visa
No. 10 — Weekly round-ups: visa grants, invitations, skills assessments, and success stories
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