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309/100 Partner Visa Granted After Multiple Previous Refusals and Failed AAT Appeal

Visa Type309/100 Partner Visa
CategoryPartner Visa

Case Summary

A partner visa applicant with years of unlawful stay, a prior refused onshore partner visa, a failed AAT appeal, and an inviable ministerial intervention option was guided to a completely new offshore Subclass 309/100 application strategy — achieving a successful outcome after a full evidence rebuild.

Background

The applicant, Mr. L, had met his sponsor in 2013 and married in 2016. However, a series of poor application pathway choices had led to multiple failures: years of unlawful stay in Australia, a prior Protection visa application, a refused onshore partner visa in 2018 due to failure to meet Schedule 3 requirements, an unsuccessful AAT appeal, and a ministerial intervention request that was assessed as unviable. Previous application materials were disorganised and severely lacking.

Challenges

  • Multiple prior application failures — Protection visa application, onshore partner visa refusal, failed AAT appeal — each creating negative immigration history
  • Previous application materials were disorganised and inadequate, requiring complete reconstruction rather than refinement
  • Department likely to scrutinise the long-term relationship closely given the prior failures despite the 2013 commencement

How We Helped

We conducted a complete reassessment of all previous refusal reasons and strategically pivoted the applicant away from onshore options to an offshore Subclass 309/100 application — a crucial strategic shift that removed the Schedule 3 hurdle. We systematically reconstructed all relationship evidence, including marriage documentation, cohabitation proof, financial transaction records, and established a complete relationship evidence framework from the ground up. We prepared detailed relationship timelines, social activity evidence, and third-party declarations to comprehensively demonstrate the genuineness of the long-standing relationship without relying on prior deficient materials.

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Key Success Factors

  • Strategic pivot to the offshore 309/100 pathway, entirely removing the Schedule 3 barrier that had defeated the prior application
  • Complete evidence rebuild — systematic reconstruction of the entire documentary framework rather than patchwork amendment of prior materials
  • Comprehensive genuine relationship proof addressing the long 2013–2016 pre-marriage period and all subsequent years of cohabitation
Schedule a call to discover how our experience and expertise made it possible

Outcome

The Subclass 309/100 partner visa was granted. After years of failed applications through an incorrect pathway, a complete reassessment and evidence rebuild through the offshore strategy achieved the successful permanent partner visa outcome.

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