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Subclass 309 Offshore Partner Visa Granted After Onshore Refusal Due to Unaddressed Schedule 3 Issues

Visa TypeSubclass 309/100
CategoryPartner Visa

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

How We Helped

After the refusal we conducted a comprehensive analysis of the couple's circumstances and advised that lodging a fresh Subclass 309 application offshore was the most viable pathway. We thoroughly prepared a new submission addressing all previously unresolved issues, including a detailed legal argument on Schedule 3, and compiled extensive evidence of the genuine and continuing nature of the relationship. The clients cooperated fully throughout.

Schedule a call to discover how our experience and expertise made it possible

Key Success Factors

  • Correct identification of the Schedule 3 issue and preparation of a detailed legal submission directly addressing each criterion
  • Comprehensive relationship evidence compiled from scratch to substantiate the genuine ongoing nature of the partnership
  • Strategic decision to pursue an offshore application rather than an AAT appeal, providing a faster and cleaner resolution
Schedule a call to discover how our experience and expertise made it possible

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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