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Subclass 309 Same-Sex Offshore Partner Visa Granted for Couple Separated by Family Obligations

Visa TypeSubclass 309
CategoryPartner Visa

Case Summary

An Australian sponsor and her foreign national partner — living in a genuine same-sex relationship — were separated when the applicant was forced to return to her home country due to urgent family circumstances. We assisted with a Subclass 309 Offshore Partner Visa and established the genuineness of the relationship despite the enforced separation.

Background

Our client (the sponsor) had met her partner while travelling overseas. The couple entered into a genuine and committed same-sex relationship and lived together in Australia after the applicant was granted a tourist visa. The applicant was ultimately forced to return to her home country due to urgent family circumstances. Despite the enforced separation, the couple remained committed to their relationship. The sponsor sought our assistance to obtain a Subclass 309 Offshore Partner Visa.

Challenges

  • Couple was separated — applicant was overseas at the time of application
  • Genuine relationship needed to be established in the context of separation and limited time in Australia together
  • Same-sex relationship required clear evidence of genuine de facto partnership

How We Helped

We assisted the sponsor in preparing the Subclass 309 application, compiling substantial evidence of the couple's commitment to one another while both living together in Australia and during the period of separation. This included documentation of financial commitment, photographic evidence, and evidence of how the couple had presented their relationship to their friends and social community as a genuine de facto partnership.

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Key Success Factors

  • Comprehensive evidence of the genuine relationship established during the couple's time together in Australia
  • Evidence of ongoing commitment during the enforced separation period
  • Documentation of the couple's presentation of their relationship to family and friends
Schedule a call to discover how our experience and expertise made it possible

Outcome

The Subclass 309 Offshore Partner Visa was granted.

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