Subclass 309 Offshore Partner Visa Granted After Onshore Refusal Due to Unaddressed Schedule 3 Issues
Case Summary
An applicant whose onshore partner visa was refused after nearly four years due to a previous agent's failure to address Schedule 3 criteria successfully obtained an offshore Subclass 309 visa — with no interview required — after a comprehensive reapplication.
Background
The applicant and their partner had been in a relationship for five years when they applied for an onshore partner visa with the assistance of a previous agent. Unknown to them, the applicant had applied for a protection visa before the relationship commenced, triggering the Schedule 3 criteria. The previous agent failed to identify this issue, submitting only basic documents. When the Department requested an explanation of how Schedule 3 was met, the previous agent provided only a personal statement from the sponsor — no supporting evidence or legal submissions. After nearly four years of processing, the visa was refused.
Challenges
- A prior protection visa application triggered Schedule 3 criteria, adding a complex legal threshold the previous agent had entirely overlooked
- The onshore application was refused after nearly four years, leaving the couple with an urgent need to find an alternative pathway
- A detailed Schedule 3 submission and comprehensive relationship evidence needed to be built largely from scratch
Outcome
The offshore Subclass 309 application was lodged with a complete and decision-ready evidence bundle. The visa was granted without an interview, resolving a lengthy immigration journey that had spanned nearly four years from the original application.
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