Subclass 309 Offshore Partner Visa Granted After Addressing Prior Unlawfulness and Character Issues
Case Summary
A married couple needed a Subclass 309 Offshore Partner Visa after the Australian citizen sponsor's husband — who had previously overstayed a tourist visa — was forced to return overseas. We prepared a comprehensive application addressing both the period of unlawfulness and a character issue concurrently, and secured the visa.
Background
The sponsor sought our assistance after her husband, a foreign national who had previously arrived in Australia on a Subclass 600 Tourist Visa, overstayed and lived unlawfully before eventually being forced to return to his home country for family reasons. During his time in Australia, the couple had met, married, and had their first child together. They were expecting their second child when the application was lodged. Given the history of unlawfulness, we decided to address this directly in a character submission lodged alongside the Subclass 309 application.
Challenges
- The applicant had a period of unlawfulness from overstaying a tourist visa
- Family separation from the sponsor and Australian-born child created urgency
- Character submission needed to address the unlawful period proactively
- Evidence of genuine relationship needed despite the couple's enforced separation
Outcome
The Subclass 309 offshore partner visa was granted.
Need Help With Your Visa Matter?
Every case is unique. Get personalized assessment of your situation from experienced migration professionals who understand complex immigration challenges.
Request Free Assessment