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Subclass 600 Visitor Visa Granted to Partner With Offshore 309 Application Pending

Visa TypeSubclass 600
CategoryVisitor Visa

Case Summary

An applicant with a pending Subclass 309 Offshore Partner Visa sought a Subclass 600 Visitor Visa to visit her spouse in Australia during processing. We successfully argued she had a strong incentive not to overstay, and the tourist visa was granted.

Background

Our client had already lodged a Subclass 309 Offshore Partner Visa application and wished to visit her spouse in Australia while the application was being assessed. Visitor visa applications by people with pending partner visas can raise concerns about the applicant's intention to comply with visa conditions and depart before expiry.

Challenges

  • Pending 309 partner visa application could raise concerns about intention to overstay
  • Demonstrating genuine temporary entry intention and commitment to comply with tourist visa conditions

How We Helped

We submitted that there was no reason the applicant would not abide by the conditions of the visitor visa, specifically the requirement to depart by the expiry date. We argued that because the 309 application could not be decided while the applicant was onshore, departing Australia before the tourist visa expired was directly in her best interests. This gave her a particularly strong incentive to comply with visa conditions.

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Key Success Factors

  • Clear and logical argument that the pending 309 application itself created a strong incentive to depart
  • Demonstration that the applicant's interests were served by complying with the tourist visa conditions
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Outcome

The argument was accepted and the Subclass 600 Tourist Stream Visitor Visa was granted.

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