The rules in context / The options in view
Schedule 3 & complex visa issues
Untangle the details. Understand your options.
A period without a substantive visa, a past refusal or a visa condition can change what you may apply for. We help you work through the rules separately.
- Start with
- Your full visa and application history
- Requirements
- Different restrictions have different tests
- Options
- Depend on the visa and your circumstances
A clearer view of the next step
Different rules. One careful review.
Schedule 3 criteria, the section 48 application bar and No Further Stay conditions are separate issues. More than one can matter in the same case.
We review the history, identify the rules that apply and explain which options need further evidence or legal submissions.
The details that shape the plan
What needs to be checked.
We check the requirements in context. These details help us understand the position.
A useful starting point
- All relevant visa grants and decisions
- Application, review and expiry dates
- Current conditions and VEVO information
- Evidence relevant to the claimed circumstances
- Any notices, waiver requests or earlier advice
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01
Map your visa history
Confirm visa grants, expiry dates, applications, decisions and periods without a substantive visa. Dates need to be supported by records.
-
02
Check Schedule 3 where relevant
Certain applications have additional criteria. For some onshore partner applications, compelling reasons may be relevant to a discretion not to apply specified criteria.
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03
Check application restrictions separately
Section 48 can restrict certain applications in Australia. Prescribed exceptions need their own eligibility review; there is no general discretionary waiver.
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04
Review any No Further Stay condition
Check the exact condition and whether a legal waiver ground applies. A waiver request is separate from a visa application.
A plan you can follow
From the first question to the next step.
We agree the work and fees before starting, so you know what support is included.
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1
Build the timeline
Bring the visa history, current status, proposed application and relevant personal circumstances together.
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2
Identify the separate tests
Consider the applicable criteria, restrictions, exceptions and any available discretion.
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3
Prepare the agreed plan
Explain the evidence, submissions, timing and limits before starting the agreed work.
A little more clarity
Your questions, made clearer.
A few answers to help you plan. We can look at the details of your situation together.
Does marriage automatically resolve a Schedule 3 issue?
No. A relationship does not automatically satisfy or remove the criteria. Any applicable discretion and the reasons supporting it need an individual assessment.
Can section 48 simply be waived?
There is no general discretionary section 48 waiver. Some prescribed visa classes may remain available, but their requirements and any other restrictions still need to be checked.
Does a No Further Stay waiver request let me remain in Australia?
No. The request does not grant a visa, remove the condition while pending or keep you lawful. If a waiver is granted, eligibility for the next application is still separate.
Will a short trip overseas fix the problem?
Do not assume that it will. Departure, re-entry, current visa conditions and the requirements for another application need to be considered together before travelling.
How are the work and fees agreed?
We explain the scope and professional fees before starting. Government or Tribunal fees depend on the process. Check current government charges. A response or review deadline needs attention separately from processing time.
Your next step starts with you
Make sense of the rules. Plan with the facts.
Tell us about your current visa and the application you are considering. We will help identify what needs a closer look.