Onshore Partner Visa Abandoned in Favour of Offshore 309 to Avoid Schedule 3 Complications

Visa TypeSubclass 309

CategoryPartner Visa

Case Summary

An applicant whose Working Holiday visa had expired and who faced a likely failed onshore Schedule 3 argument was advised to exit Australia and lodge an offshore Subclass 309 Partner Visa instead. The offshore application avoided the Schedule 3 requirement entirely and was granted within seven months.

Background

Our client was determined to remain in Australia with his Australian citizen partner but his Working Holiday visa had already expired. An onshore Subclass 820 application would have required a Schedule 3 argument to address his failure to apply within 28 days of his substantive visa expiring. After reviewing the circumstances we determined that his specific situation was unlikely to meet the high threshold for a compelling reasons waiver. The more pragmatic option was for the applicant to exit Australia and lodge an offshore Subclass 309 Partner Visa, which carries no Schedule 3 requirement.

Challenges

Working Holiday visa had expired, creating a potential Schedule 3 barrier to an onshore 820 application
Available compelling reasons were unlikely to meet the threshold for a Schedule 3 waiver
Couple needed to maintain their relationship across different countries during the overseas application period

How We Helped

We advised the applicant to exit Australia, making the pragmatic decision to use the offshore pathway to avoid the Schedule 3 issue entirely. We compiled all relationship evidence prior to the applicant's departure, enabling the Subclass 309 application to be lodged within one month. We included statutory declarations, joint bank statements and utility bills to demonstrate the genuine and ongoing nature of the relationship. The applicant attended an interview at the Australian Embassy in his home country during processing.

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Key Success Factors

Strategic decision to use the offshore 309 pathway to avoid the Schedule 3 barrier
Pre-departure preparation allowing lodgement within one month of the applicant's exit
Thorough evidence package including financial and household documentation
Successful Embassy interview during the processing period

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Outcome

Following the Department's review of the application and an interview with the applicant at the Australian Embassy, the Subclass 309 visa was granted within seven months of lodgement.

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