Schedule 3 of the Migration Regulations 1994 is a set of laws and regulations that outlines the criteria for when a person can apply to be a partner of someone who currently holds an Australian visa. If you do not hold a substantive visa in Australia at the time of lodgement, then you must meet certain requirements for your application to be accepted. This article will explore what these requirements are and how Schedule 3 applies to partner visas.
The main requirement under Schedule 3 is that the applicant must have been in Australia lawfully for at least 12 months prior to lodging their partner visa application. This means that any unlawful presence or staying outside Australia during this period would render them ineligible from applying on a Partner Visa basis.
What are Schedule 3 Requirements for Partner Visas?
Schedule 3 Requirements are a set of criteria that must be met by applicants who are seeking a partner visa in Australia. The criteria are designed to assess the genuineness of the relationship between the applicant and their partner, who must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
Requirements for Schedule 3
The Schedule 3 Requirements for Partner Visas are as follows:
Evidence of a Genuine Relationship
The first requirement is to provide evidence that the relationship between the applicant and their partner is genuine and continuing. This evidence can include photographs, emails, letters, and other documentation that demonstrate the couple’s commitment to each other.
Joint Financial Commitments
The second requirement is to provide evidence of joint financial commitments, such as joint bank accounts, joint ownership of property, and joint liabilities. This evidence helps to show that the couple is committed to each other and is building a life together.
Joint Social Activities
The third requirement is to provide evidence of joint social activities, such as shared hobbies, interests, and community involvement. This evidence helps to demonstrate that the couple is committed to each other and shares a common life together.
Joint Residence
The fourth requirement is to provide evidence of joint residences, such as a shared rental agreement, joint utility bills, and other documentation that demonstrates the couple’s intention to live together permanently.
How to Meet Schedule 3 Requirements for Partner Visas
Meeting the Schedule 3 Requirements for Partner Visas can be difficult, but there are several steps you can take to ensure your application is successful.
Provide Sufficient Evidence
It is important to provide sufficient evidence to support your application. This includes providing a detailed explanation of your relationship, along with supporting documentation, such as photographs, emails, letters, and other forms of evidence.
Ensure Evidence is Up-to-Date
It is also important to ensure that the evidence you provide is up-to-date. This means that the evidence should be less than three months old and should reflect your current situation.
Be Honest and Open
Finally, it is important to be honest, and open in your application. The Department of Home Affairs will investigate any inconsistencies in your application, so it is important to be truthful and provide accurate information.
Conclusion
The Schedule 3 Requirements for Partner Visas are a critical part of the visa application process. Understanding the requirements and providing sufficient evidence can increase your chances of a successful application and bringing your loved one to Australia. If you have any questions or concerns, it is essential to seek the advice of a qualified immigration lawyer to ensure that your application is successful.
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