schedule 3 requirement

A tricky case with potential schedule 3 requirement was simplified using a smart strategy and the partner visa was granted in less than 6 months. 

Our client first enquired with us without a clear vision on how he should be tackling the partner visa application. He was holding a bridging visa at the time and had received lots of conflicting information. Other agents/lawyers were telling him that he was not eligible for the partner visa. We told him – HE WAS ELIGIBLE!! 

Partner Visa


The client was initially worried about whether his pending temporary visa application would be granted due to his length of stay in Australia already and the GTE requirement.

He had a partner of approximately 1 year but they never lived together. He was not sure whether he could qualify for the partner visa. 

Difficulties with this case

If you are in Australia not holding a substantive visa when you are apply for a partner visa, there is an additional Schedule 3 requirement you must meet. Schedule 3 requirements are very difficult to meet so most applicants choose to return home to do an offshore application to avoid the requirement. However, in this case, the client did not want to go offshore and be separated with the Sponsor. 

Secondly, they never lived together so other agents advised them that they were not eligible for the partner visa. 

How did we simplify the application? 

Despite the Sponsor and the Visa Applicant never lived together, we advised them that they were eligible for the partner visa. They were skeptical of our advice in the beginning because this was contrary to all other advice they had received. However, in the end, they chose to trust our expertise. 

To avoid the schedule 3 requirement, we advised the client to lodge an offshore application but there was a way for him to wait in Australia whilst that application is being decided and processed offshore. He was delighted with our strategic advice. 

We lodged the partner visa application for them in late May 2022 and the application was approved in early November 2022. As we submitted detailed legal submissions to address the fact that they never lived together, the case officer never asked any further questions about this and approved their case. 


If you are also in a relationship but do not live together, you are can find out more information in our article here: Do you have to be living together for a partner visa? 

You can get in touch with us to discuss further if you believe you may be eligible : Book a Consultation 

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    309 Visa

    Simplified a tricky case

    Very good Experience. Even though my case was tricky, I was in bridging visa, Adele suggestions have been very useful and easy to follow. Would recommend to anyone I know.

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