309 Partner Visa Offshore: After Onshore Refusal
Visa Type
Decision Date
17 Jul 2024Case Summary
Background:
The applicant met their partner five years ago and decided to apply for an onshore partner visa with the help of a previous agent. Unbeknownst to them at the time, the applicant had previously applied for a protection visa before meeting their sponsor. The former agent failed to address the critical Schedule 3 criteria and the complexity of their case, submitting only basic supporting documents. When requested by the Department to explain how they met Schedule 3, the previous agent merely provided a personal statement from the sponsor without any supporting evidence or legal submissions. After nearly four years of processing, the visa was refused.
Taking Over the Case:
After the refusal, the clients approached our firm. We conducted a comprehensive analysis of their situation and advised that an offshore application would be the most viable pathway. We thoroughly prepared a new submission for the Subclass 309 visa, addressing all previously unresolved issues, including a detailed submission on Schedule 3 and compiling extensive evidence of their genuine and continuing relationship. The clients provided their full cooperation throughout the process.
Successful Outcome:
The application was lodged offshore with a complete and decision-ready bundle of evidence. The visa was granted without an interview, providing a successful resolution to their lengthy immigration journey.
Visa Grant Notice
Case Study Disclaimer
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.