Schedule 3 of Migration Regulations Explained

Schedule 3 of Migration Regulations Explained

Schedule 3 of the Migration Regulations 1994 generally applies in the following situations:

1. When a visa applicant is in Australia and does not hold a substantive visa at the time of applying for a new visa. A substantive visa is any visa other than a bridging visa.

2. When a visa applicant has been unlawful (without a valid visa) for more than 28 days before applying for a new visa.

3. When a visa applicant has been on a bridging visa for more than 28 days before applying for a new visa.

4. For most onshore visa applications, especially partner visas.

5. When an applicant entered Australia unlawfully or did not hold a valid entry permit. 

The key points about Schedule 3 are:

• It aims to encourage visa holders to apply for further visas before their current substantive visa expires. 
• It discourages people from overstaying their visas or remaining in Australia unlawfully.
• It requires visa applications to be made within certain timeframe (usually 28 days) after a substantive visa ceases. 
• It can be waived in some cases if there are compelling reasons, which are assessed on a case-by-case basis. 
• Not all visa subclasses require adherence to Schedule 3 criteria. For example, some child visas and protetion visas are exempt.