Applying for an onshore partner visa 820/801 in Australia is one of the most important migration decisions under the Migration Act 1958.
For applicants without a substantive visa — including those on Bridging Visa C, Bridging Visa E, or unlawful status — the process becomes legally complex because of Schedule 3 requirements under the Migration Regulations 1994.
This step-by-step guide from Tolic Lawyers explains how to lodge a decision-ready partner visa application without a substantive visa, meet the Schedule 3 criteria, and ensure compliance with all Department of Home Affairs requirements.
Why Partner Visa Applications Are Complex Without a Substantive Visa
Under Regulation 820.211(2)(d)(ii), onshore partner visa applicants must normally hold a substantive visa — for example, a student, visitor or work visa — when lodging the application.
If you hold no substantive visa (e.g. Bridging Visa C or E or unlawful status), you must either:
- satisfy Schedule 3 criteria, or
- demonstrate compelling and compassionate reasons for a waiver.
What Is a Substantive Visa?
A substantive visa is any visa other than:
- Bridging Visa
- Criminal Justice Visa
- Enforcement Visa
If you are on a Bridging Visa C, D or E or have no visa, you are considered not to hold a substantive visa.
Understanding Schedule 3 Requirements
Schedule 3 contains additional criteria for onshore applicants who don’t hold a substantive visa.
Key clauses:
- 3001 – Application lodged within 28 days of last substantive visa ceasing.
- 3002 – Lodged within 12 months of ceasing a substantive visa.
- 3003 & 3004 – Applicant must prove their unlawful status was beyond their control and that compelling reasons exist for the visa grant.
Examples of Compelling Reasons
- Severe illnes or incapacity
Mandatory Documents for Applicants Without a Substantive Visa
To avoid refusal or invalidation, include:
1 Sponsorship Form – lodged online by your partner via ImmiAccount
Sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
2 Evidence of Sponsor’s Status – attach one of:
• Australian passport • Citizenship certificate • PR grant notice
3 Two Commonwealth Statutory Declarations – using the official form from the Attorney-General’s Department.
Must be signed by an authorised witness and include ID.
4 Two Form 888 is supporting evidence only — not a substitute for statutory declarations.
Common Mistakes When Lodging Without a Substantive Visa
| Mistake | Result |
| Missing statutory declarations | Application invalid |
| No Schedule 3 submission | Refusal for non-compliance |
| Only Form 888s lodged | Relationship not legally verified |
| Missing sponsor documents | Sponsorship refused |
| No compelling reasons provided | Schedule 3 fails |
Why Applicants Choose Tolic Lawyers
- 10 + years of experience with partner visa 820/801 applications and Schedule 3 waivers
- Experts in complex, bridging and unlawful status cases
- Fixed-fee services and decision-ready lodgements
- Sydney-based migration law team serving clients Australia-wide via Zoom and email
“After being told my case was hopeless, Tolic Lawyers prepared a compelling Schedule 3 submission and secured our partner visa approval.”
Ready to Apply?
If you are in Australia without a substantive visa or your visa has expired, get professional advice before lodging.
The wrong approach can lead to refusal or removal.
Let Tolic Lawyers help you prepare a complete, compliant application and advocate for your Schedule 3 waiver.
(02) 8077 2562
Disclaimer
This article is for general information only and does not constitute legal advice and does not constitute a client lawyer relationship.
For personalised legal assistance with your onshore partner visa 820/801 Australia application, contact Tolic Lawyers today.
