Schedule 3 is a tricky piece of legislation. Essentially if you do not have a current visa and you apply for another visa, you have to then explain to Department why you don’t have a visa and why you should be granted the visa you have applied for. If that reason is strong, your visa can be assessed. However if the reason is not satisfactory, the Department will refuse your visa on schedule 3001- 3004 grounds.
The AAT is processing many appeals at the moment for people who have had their visa refused on schedule 3 grounds. Some may be successful in their appeal, but many will not. Essentially if you have another option to avoid schedule 3 criteria we suggest you consider it. This option may be, for example, if you have a partner and you are able to leave Australia to lodge an offshore partner, thus avoiding the schedule 3 criteria. We regularly attend tribunal hearings to defend clients who come to us with a schedule 3 issue.
For more information on how we can assist you, please have no hesitation to contact our offices at any time.