Applying for Subclass 461 onshore without a substantive visa in 2026: Schedule 3 test
Explains why an onshore Subclass 461 application without a substantive visa triggers Schedule 3 criteria 3002–3005, and what to confirm before lodging.
If you are in Australia hoping to apply for the New Zealand Citizen Family Relationship visa (Subclass 461) but you no longer hold a substantive visa, your application does not become impossible — it becomes a Schedule 3 case. According to the Australian Department of Home Affairs' official New Zealand Citizen Family Relationship visa (Subclass 461) page as at August 2026, an applicant who is in Australia must either hold a substantive temporary visa (other than a subclass 403 Temporary Work (International Relations) visa in the Domestic Worker (Diplomatic or Consular) stream), or have last held such a visa within the 12 months before applying. If neither is true, the applicant "will be required to meet additional criteria applicable to unlawful non-citizens and certain Bridging visa holders." In the Migration Regulations 1994 those additional criteria are the Schedule 3 criteria — 3002, 3003, 3004 and 3005. So a lapsed visa does not close off the visa; it moves the decision onto the Schedule 3 test, and that test is where the outcome is actually decided.
Can I apply for Subclass 461 onshore if I hold no substantive visa?
Yes — you can lodge, but two separate gateways apply, and satisfying one does not satisfy the other.
The first is the relationship gateway. Depending on your situation, you may rely on being a member of the family unit of a New Zealand citizen (who is not an eligible New Zealand citizen and who is in Australia on a Subclass 444 visa, or will travel with you and be granted one on entry), or on the relationship-ended pathway: you are in Australia, you either hold a Subclass 461 or you hold no substantive visa but your last substantive visa was a Subclass 461, you are no longer a member of the family unit of the person linked to that earlier Subclass 461, and you have not become a member of any other person's family unit.
The second is the immigration status gateway, which is assessed on its own. This is the one that catches people who have overstayed. The official page also notes that you cannot stay in Australia after your visa ceases unless you hold another visa, which is why a gap in status matters so much here.
Why does losing a substantive visa trigger the Schedule 3 criteria?
Because the ordinary onshore rule is built around a 12-month window, and once you fall outside it you are treated as an unlawful non-citizen (or as one of the Bridging visa holders captured by the same rule).
If your last substantive temporary visa ceased more than 12 months before you lodge, you cannot use the "last held within 12 months" limb. At that point the Department's page routes you to the additional criteria for unlawful non-citizens and certain Bridging visa holders. The Migration Regulations 1994 give effect to this through clause 461.213: an applicant in Australia must hold, or have last held, a substantive visa other than a subclass 403 Domestic Worker (Diplomatic or Consular) stream visa, and if they hold no substantive visa they must meet Schedule 3 criteria 3002, 3003, 3004 and 3005.
This is better understood as a relief pathway than as an automatic refusal. The criteria exist so that a person who has lost status can still be granted the visa if the surrounding circumstances fit. The practical burden, though, is on you to show that they do. Because the criterion numbers come from the Regulations rather than the Department's summary page — and regulations are amended over time — read the current text and confirm it still applies before you rely on it.
What are Schedule 3 criteria 3002, 3003, 3004 and 3005?
All four must be met. Two of them are the ones most often decisive in practice.
| Schedule 3 criterion | What it generally turns on |
|---|---|
| 3004 | Whether there is a reasonable explanation for not having left Australia in time — the delay must not run beyond the permitted period |
| 3005 | Whether the last substantive visa held was subject to a "no further stay" condition, such as 8503 or 8534 |
| 3002 and 3003 | Also required; read the current wording in the Migration Regulations 1994 |
Criterion 3004 is the one that does most of the work. It is not enough to say you wanted to stay with family; the question is whether the delay in departing is explained, measured against the period that applied to you. Criterion 3005 is a hard filter in a different way: if the visa you last held carried a condition barring further stay, that condition has to be confronted directly.
Why is the departure deadline the first thing to confirm?
Because criterion 3004 is assessed against dates, and you cannot build an explanation until you know what it has to explain.
Suppose an applicant's last substantive visa ceased 14 months before they lodge. The 12-month limb is unavailable, so Schedule 3 applies. Everything then turns on how long they remained after that visa ceased and whether the delay is explained. Without the exact cease date and the departure timeframe that applied, there is no way to assess whether 3004 is met.
This is why the first step is documentary, not argumentative: establish the precise date your last substantive visa ceased and the departure timeframe attached to it. Your visa status and cease date appear in the Department's records, and the official page points to VEVO as the tool for checking visa status. Once those dates are fixed, you can see whether you are inside the 12-month limb (in which case Schedule 3 does not apply) or outside it (in which case 3004 becomes the centre of the application).
Does the relationship-ended pathway avoid the Schedule 3 test?
Not by itself. The relationship-ended pathway and the immigration status requirement are separate tests, and passing the first does not excuse you from the second.
Suppose a hypothetical applicant held a Subclass 461, the relationship with the New Zealand citizen ended, and they have not become a member of another person's family unit. They meet the relationship limb. But if their Subclass 461 ceased more than 12 months before they lodge, they still hold no substantive visa for the purposes of the immigration status rule, and Schedule 3 still applies. If, on the other hand, that Subclass 461 ceased within the 12 months before they apply, the "last held within 12 months" limb is satisfied and Schedule 3 does not come into it.
Two related points matter here. Becoming a member of another person's family unit disqualifies you from this pathway even if that later relationship has since ended. And the subclass 403 Domestic Worker (Diplomatic or Consular) stream is excluded from both limbs, so a visa held in that stream does not count toward the 12-month window.
What else can affect an onshore application made without a substantive visa?
A No Further Stay condition is the most direct overlap with Schedule 3, because condition 8534 and similar conditions such as 8503 are the subject of criterion 3005. The official page states you might not be able to apply for this visa if you have a No Further Stay condition, and it points to a No Further Stay waiver process; whether one is available depends on the condition and your circumstances.
Your immigration history is also considered. The official page notes the Department will look at your history when deciding, which means you might not be eligible if you have had a visa cancelled or a previous application refused. Separately from Schedule 3, the standard criteria still apply — health, character, the Australian Values Statement for applicants aged 18 or over, any debt to the Australian Government having been repaid or arranged, and the best interests of the child where the applicant is under 18.
None of this is a diagnosis of your own case. This article is general information about how the criteria fit together and is not personalised advice about your circumstances, so check your position against the official criteria as currently published and, if you need certainty about your own situation, rely on the official pages or a qualified professional rather than on a summary of this kind.
Frequently Asked Questions
Can I lodge a Subclass 461 application in Australia after my visa has ceased?
Yes. You can be in Australia when you apply (though not in immigration clearance), and a ceased visa does not by itself prevent you from lodging. However, because you will not meet the ordinary onshore immigration status rule, you will need to meet the additional criteria that apply to unlawful non-citizens and certain Bridging visa holders — the Schedule 3 criteria.
Does the 12-month window let me avoid Schedule 3 altogether?
Yes, if the visa you last held was a substantive temporary visa other than a subclass 403 Domestic Worker (Diplomatic or Consular) stream visa, and it ceased within the 12 months before you apply. If more than 12 months have passed, or the last substantive visa was in that subclass 403 stream, the Schedule 3 route is the one that remains.
What does Schedule 3 criterion 3004 actually ask?
It asks whether there is a reasonable explanation for not having departed Australia in time, and whether the delay ran beyond the permitted period. It is the criterion most often decisive in practice because it is assessed against the actual dates on your record. That is why confirming the date your last substantive visa ceased comes before anything else.
If my last substantive visa was a Subclass 461, do I still have to meet Schedule 3?
Possibly. The relationship-ended limb can qualify you on the relationship criterion even when you hold no substantive visa, provided your last substantive visa was a Subclass 461, you are no longer a member of the family unit of the person linked to it, and you have not joined another person's family unit. But the immigration status requirement is applied separately, so if that Subclass 461 ceased more than 12 months before you apply, Schedule 3 still applies.
Can I apply if my last visa had a No Further Stay condition?
Possibly not. The official page states you might not be able to apply for this visa if you have a No Further Stay condition, and conditions such as 8534 and 8503 are also the subject of Schedule 3 criterion 3005. The Department's page refers to a No Further Stay waiver process, so whether you can proceed depends on the condition and your circumstances.
Can I include my family in an application made without a substantive visa?
Yes, you can combine your application with other members of your family unit at the time you lodge, but you cannot add family members after the application is lodged. The Department assesses every applicant individually, and family members included in the application must meet the health and character requirements.
Is there a review if the application is refused?
Whether you can seek merits review depends on where you were when you lodged the application and on the current review body's published rules, so read the Department's decision letter and that body's official information rather than assuming a right exists. The Schedule 3 criteria themselves are assessed on the facts before the Department at the time of decision.