Applying for subclass 461 without a visa

If you’ve been living in Australia on a bridging visa, or without a valid visa, having been unlawful for a period of time, you might still have options to apply for a Subclass 461 New Zealand Citizen Family Relationship Visa. This is where Schedule 3 criteria come into play. Understanding these requirements is essential if you find yourself in this situation.

What Is Schedule 3?

Schedule 3 of the Migration Regulations 1994 applies to individuals who are unlawful non-citizens or those holding a Bridging Visa when applying for a new visa. It sets out specific conditions that must be met for the application to be considered.

Key Requirements Under Schedule 3 for the 461 Visa

1. Unlawful Status for Up to 12 Months

You can have been unlawful or on a bridging visa for up to 12 months, as long as the situation was due to factors beyond your control. This could include circumstances like:

• Being in a serious accident, which meant that you were unable to apply for a visa

It’s important to provide evidence explaining why you became unlawful and why it was beyond your control.

2. Compelling Reasons for Granting the Visa

There must be compelling reasons to grant your visa despite your unlawful status. Some examples include:

• Strong ties to Australia (family, work, or community connections)

• Significant hardship if you were forced to leave Australia

• The best interests of children involved

3. Additional Considerations

While the main focus is on the two points above, there are other criteria to consider:

• Genuine Relationship: If applying as a family member of a New Zealand citizen, you must demonstrate an ongoing genuine relationship or that you have previously been in such a relationship.

• Compliance History: Your past compliance with visa conditions will be reviewed.

Why Legal Advice Is Important

Schedule 3 applications can be complex. Even if you meet the criteria, the decision is discretionary, meaning the Department will assess each case individually. Having strong supporting documents and a clear explanation of your circumstances is critical.

If you’re unsure about your situation or need help preparing your case, contact us for expert advice. We can guide you through the process and improve your chances of a successful outcome.

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