| Who it affects | People in Australia without a substantive visa, such as bridging visa holders and unlawful non-citizens. |
|---|---|
| Common visas | Partner (820/801) and some employer and skilled visas. |
| The 28-day rule | Apply within 28 days of your last substantive visa ending. |
| Waiver | Compelling reasons, judged on the facts at the time you apply. |
What Schedule 3 asks
- Did you apply within 28 days of your last substantive visa ending?
- Were the reasons you did not hold a substantive visa beyond your control?
- Would you have been granted the visa if you had applied from outside Australia?
- Have you complied with your visa conditions and cooperated with Home Affairs?
Compelling and compassionate reasons
For some visas, especially partner visas, Home Affairs can waive Schedule 3 if there are compelling reasons. Examples include having an Australian citizen or permanent resident partner and children, serious illness, or circumstances that would make it unreasonable to apply from outside Australia. The reasons must exist when you apply, and you need evidence.
Schedule 3 and section 48
Schedule 3 is different from the section 48 bar. Section 48 limits which visas you can apply for in Australia after a refusal or cancellation. You may need to deal with both, so get advice before choosing a visa.
Frequently asked questions
Does Schedule 3 apply if I hold a bridging visa A?
It can. A bridging visa is not a substantive visa, so Schedule 3 may apply to some applications you make while holding one. Refer to a registered migration agent before you apply.
What if I miss the 28 days?
You will usually need to show compelling reasons for a waiver. Do not lodge without strong evidence.
Can I apply from overseas instead?
Often yes, and Schedule 3 does not apply offshore. But leaving Australia may trigger exclusion periods, so get advice first.
Official sources
Updated October 2026. Visa rules, fees and processing times change often, so always check the official sources before you act.