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Subclass 309 Offshore Partner Visa Granted in 2 Months After Withdrawing MRT Appeal

Visa TypeSubclass 309
CategoryPartner Visa

Case Summary

A couple with a previously refused onshore Subclass 820 Partner Visa were pursuing an MRT merits review when we advised that withdrawing the appeal and lodging a Subclass 309 Offshore Partner Visa was the more effective solution. The offshore visa was granted within two months of lodgement.

Background

Our clients had applied for an onshore Subclass 820 Partner Visa years earlier, which was refused due to Schedule 3 issues arising from the applicant's overstay and an insufficient compelling circumstances argument regarding his inability to return to his home country. An MRT review was underway when the couple approached us. After reviewing the matter, we determined that the offshore partner visa option was a more practical and expedient pathway.

Challenges

  • The original 820 onshore application had been refused due to Schedule 3 issues
  • MRT merits review was pending but the evidence base for an onshore compelling circumstances argument remained weak
  • Determining whether to continue the MRT or withdraw and pursue the offshore pathway

How We Helped

We advised the couple that withdrawing the existing MRT review and lodging an offshore Subclass 309 application was the better course of action, given that the offshore pathway carried no Schedule 3 requirement and the compelling circumstances for an onshore waiver were insufficient. Once the decision was made, we prepared a detailed submission explaining the couple's genuine and committed long-term relationship, together with evidence of the emotional and financial hardship that would result from the applicant remaining overseas.

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

Key Success Factors

  • Strategic decision to withdraw the MRT and use the offshore pathway, eliminating the Schedule 3 issue
  • Decision-ready application enabling a grant within two months
  • Comprehensive evidence of the genuine long-term relationship and hardship of separation
Schedule a call to discover how our experience and expertise made it possible

Outcome

The Subclass 309 Offshore Partner Visa was granted within two months of lodgement.

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