309/100 Partner Visa After Refusals & AAT (Now ART)
Case Summary
Background:
Our client, Mr. L, presented an extremely complex case: 1. He had overstayed his visa in Australia for many years; 2. He had previously lodged a Protection visa application and his 2018 onshore partner visa application was refused due to failure to meet Schedule 3 requirements 3. His AAT (Now ART) appeal was unsuccessful, and a ministerial intervention request was deemed unviable. The client had met his sponsor in 2013 and married in 2016, but previous application pathway choices led to multiple failures.
Taking Over the Case:
After taking over this complex case with multiple previous failures, we conducted a complete reassessment and developed a new strategy:
Complete Application Pathway Reassessment: After analyzing all previous refusal reasons, we advised the client to abandon the onshore application path and instead lodge an offshore subclass 309/100 partner visa application – a crucial strategic shift.
Comprehensive Document Reconstruction: The client’s previous application materials were disorganized and severely lacking. We systematically reorganised all relationship evidence, including marriage documentation, cohabitation proof, financial transaction records, and established a complete relationship evidence framework.
In-Depth Genuine Relationship Preparation: Anticipating potential Department concerns about the genuineness of a long-term relationship, we prepared detailed relationship timelines, social activity evidence, statutory declarations from friends and relatives, and multiple layers of proof.
Interview Preparation: We anticipated the possibility of a phone investigation and provided comprehensive interview coaching to ensure the client could accurately answer the case officer’s questions.
Successful Outcome:
We lodged the offshore partner visa application in July 2021. The client successfully passed the Department’s phone investigation in November 2021 and completed the final request for additional information in January 2022. Ultimately, the client’s subclass 309 provisional visa and subclass 100 permanent visa were granted simultaneously on May 4, 2022, providing immediate permanent residency. The entire processing time was approximately 10 months.
This case demonstrates our expertise in handling extremely complex visa matters. Through correct application strategy selection and comprehensive documentation preparation, we successfully reversed a situation of multiple previous failures, achieving a genuine “reversal of fortune” for the client.
Visa Grant Notice
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All case studies shared in this website are based on real client matters handled by HECT Migration & Appeal Experts. To protect the privacy of our clients, all identifying details such as names, locations, occupations and personal circumstances have been altered or omitted. Only core legal and strategic aspects relevant to the visa outcome are presented. These case studies are provided for general information purposes only and should not be interpreted as individual advice. Please do not attempt to identify or compare yourself with any case discussed.
