Applying for Partner Visa 820 With No Substantive Visa: Schedule 3 in 2026
Yes, you can lodge a Subclass 820 Partner (Temporary) visa application onshore while you hold no substantive visa — but only if you satisfy Schedule 3 criteria 3001, 3003 and 3004 to the Migration Regulations 1994, or if there are compelling reasons for not applying those criteria. The requirement sits in subclause 820.211(2)(d) of the Migration Regulations 1994, and the Department of Home Affairs' PAM3 policy guidance explains how decision makers weigh the waiver. As at April 2026, the Migration Regulations 1994 text on the Federal Register of Legislation page showed no major structural amendment; figures, wording and commencement status can change, so read the current text on the official Federal Register of Legislation page. This article is general information about how the rules are written, not advice on your own circumstances, and anything that turns on your personal history should be checked against the official pages or with a registered professional.
What does "no substantive visa" mean in this rule?
A substantive visa is a visa other than a bridging visa, a criminal justice visa or an enforcement visa. If your last substantive visa has ceased and you are now on a bridging visa, or on no visa at all, the Schedule 3 test is triggered at the moment you lodge.
Criterion 3001 is one of the Schedule 3 criteria referred to in subclause 820.211(2)(d). "Overstayed more than 28 days with no compelling reasons" is one of the recorded Schedule 3 refusal reasons. The other two criteria, 3003 and 3004, apply alongside it, and their exact conditions are set out in Schedule 3 itself.
Do I have to meet all three criteria, not just 3001?
Yes. Subclause 820.211(2)(d) refers to criteria 3001, 3003 and 3004 together. Meeting criterion 3001 does not by itself dispose of the requirement; the remaining criteria are separate conditions in Schedule 3, and their wording should be read from the official regulations page rather than from any summary.
What if I am already past the 28 days?
Then the route is the waiver in subclause 820.211(2)(d)(ii): the Schedule 3 criteria do not have to be met where there are compelling reasons for not applying them. The waiver is not a separate application and there is no form for it. You lodge the 820 and put the reasons and the supporting documents in front of the decision maker as part of that application.
PAM3 guidance describes the assessment as one that considers all the circumstances of the case, following the approach in Waensila, and continues up to the time of decision rather than stopping at the lodgement date. That last point matters practically: circumstances that arise after you lodge can still be considered.
What actually counts as compelling reasons?
Policy draws a line between reasons rooted in things outside your control and reasons that simply describe your situation. The guidance points to circumstances such as serious illness or an accident — events that prevented you from lodging in time — and states that the genuineness of the relationship, or the hardship of being separated from your partner, is not by itself treated as compelling.
To see how that distinction works, suppose an applicant whose last substantive visa ceased four months ago. A submission that says only "our relationship is genuine and we would be separated if I had to leave" addresses the wrong question. A submission supported by hospital records showing the applicant was incapable of managing an application during the 28-day window addresses the question the policy asks.
That does not mean relationship evidence is wasted. It remains the core of the 820 case, because the relationship requirements in 820.211(2) apply regardless of immigration status. The point is that relationship evidence does not discharge the separate Schedule 3 burden.
Does the same test apply to family members on my application?
It does. Subclause 820.312 requires a secondary applicant who does not hold a substantive visa to satisfy criteria 3001, 3003 and 3004, again unless there are compelling reasons. A secondary applicant who holds or has held a specified regional visa must also show substantial compliance with that visa's conditions under 820.313, and applicants under 18 must meet public interest criteria 4017 and 4018.
In practice this means each person on the application needs their own visa-history check. One overdue family member can hold up the whole file.
What else has to be true on the day you lodge?
Several conditions sit alongside the Schedule 3 question, and most of them are binary — you either meet them at lodgement or the application fails.
- You must be in Australia and not in immigration clearance, as required by item 1214C(3)(c) of Schedule 1.
- You must not hold a Subclass 771 (Transit) visa, per 820.211(1)(a).
- Your sponsoring partner must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, and must not be prohibited from sponsoring under 820.211(2B).
- The application must be valid: correct form, visa application charge paid, lodged in the right place.
- The 820 is normally lodged together with the Subclass 801, and the fee covers the combined case.
- If you hold or have held a visa such as 475, 487 or 491, you must show substantial compliance with its conditions under 820.212.
- Everyone on the application must meet the relevant public interest criteria, including health and character.
Getting the lodgement right is worth more effort than polishing the waiver argument, because a valid application lodged onshore with a documented history is the platform the whole case stands on.
How do I put together the Schedule 3 part of the case?
Work through it in order.
- Write down the exact date your last substantive visa ceased.
- Count the days between that date and your intended lodgement date.
- If the gap is 28 days or less, assemble documents proving the lodgement date and the visa history.
- If the gap is longer, identify every event during that gap that was outside your control.
- For each event, collect independent documentation dated at the time it happened.
- Write a submission that maps each document to a specific day in the gap.
- Check each secondary applicant's visa history separately and repeat the exercise for them.
- Keep the submission factual and dated, and avoid arguments that rest only on the relationship.
What happens if the 820 is refused?
Refusal of the 820 also brings down the associated Subclass 801 application, because the two are decided together. A refusal notice is issued under section 66 of the Migration Act 1958, and an applicant who is in Australia when refused may apply to the Administrative Review Tribunal (ART, formerly the AAT) within 21 days of receiving the notice. During review, the applicant usually remains lawful on a Bridging Visa A.
Because the Schedule 3 assessment continues up to the time of decision, evidence that was not available at lodgement can be relevant on review — which is a reason to keep gathering documents rather than treating a refusal as the end of the story.
Frequently Asked Questions
Can I still apply onshore if my visa expired more than 28 days ago?
Yes. Subclause 820.211(2)(d) allows the application to proceed without Schedule 3 criteria 3001, 3003 and 3004 where there are compelling reasons for not applying them. The 28-day figure is part of the Schedule 3 refusal reason "overstayed more than 28 days with no compelling reasons", not a hard bar to lodging.
Is a genuine relationship enough to get the waiver?
Policy guidance says no. The genuineness of the relationship and the hardship of separation are treated as ordinary features of a partner case, and the waiver looks for circumstances beyond the applicant's control, such as serious illness or an accident.
When does the decision maker stop considering my circumstances?
PAM3 guidance, applying the approach in Waensila, treats the assessment as continuing until the time of decision. Circumstances that arise after lodgement can therefore still be put forward.
Do my partner's children need to meet Schedule 3 too?
If they do not hold a substantive visa, yes. Subclause 820.312 applies the same criteria 3001, 3003 and 3004 to secondary applicants, subject to the same compelling reasons exception.
How long does a Subclass 820 decision usually take?
Commonly cited guidance puts general processing at roughly 12 to 24 months, varying with the complexity of the case and other constraints. Treat that as an indication of scale only, not a prediction for any particular application.
What happens to my 801 application if the 820 is refused?
The associated Subclass 801 application is refused at the same time, since the 820 is a step toward it and the two are decided together. You can seek review of the refusal at the ART within 21 days if you are in Australia when the decision is made.