If you are the holder of a bridging visa or you do not hold any visa at all and then lodge an onshore partner visa application, you will be required to meet additional requirements in order to be eligible. These additional requirements are listed in Schedule 3 of the Migration Regulations. They require that you have lodged your visa less than 28 days after your last visa expired, and also that you don’t have a visa because of circumstances outside your control. In most cases it is will be very difficult for you to satisfy these criteria.
However, it is possible to make a submission for the Minister to actually waive these requirements if there are compelling reasons to do so. This means that if it would cause hardship for you and your partner if your visa were refused the Minister may choose to waive the requirements.
Our Migration Team can discuss with you your individual circumstances and whether you have a prospect of meeting these additional requirements. Depending on your situation we may be able to make a submission to request the Minister to waive the schedule 3 requirements so you can have your partner visa granted.