Case Study Partner Visa 01 Subclass 309

In the recently announced budget, family visas emerged as one of the biggest winners among all visas in Australia for the current financial year. The quota increased from 47,730 in the previous financial year to 77,300, with 72,300 spots (93.5% of the family visa quota) allocated to partner visas. This underscores the Australian government’s emphasis on partner visas. Today, HECT Australian Han Immigration will share a successful case of how an individual with a complicated immigration history managed to obtain a 309 offshore partner visa. Please see the details below.Client Background:Mr. X, a Malaysian national, initially arrived in Australia on a tourist visa. After the visa expired, he, under the influence of misinformation, applied for a refugee visa, which was eventually rejected by the immigration authorities. Consequently, he remained in Australia under the status of an undocumented migrant. Mr. X’s girlfriend is an Australian citizen, and she wished for Mr. X to stay in Australia legally. The couple, through a friend’s recommendation, reached out to us at HECT Australian Han Immigration.

After in-depth consultation, we learned about Mr. X and his girlfriend’s long history of cohabitation, indicating a stable relationship. Considering the applicant’s individual circumstances and the economic situation of both individuals, our lawyers at HECT Australian Han Immigration suggested that Mr. X should leave Australia, apply for the partner visa offshore, and, without investigation or additional document requests, he successfully obtained approval in less than a year.

Challenges in the Case:

1. Mr. X’s complex visa application history, which may impact the applicant’s creditworthiness.;

2. Although the applicant and Mr. X had a long cohabitation period, the evidence supporting their relationship was not      sufficient;

3. The applicant overstayed in Australia with an expired passport, and there are no children with the girlfriend.                Applying for a visa onshore poses a significant risk.


Application Process:

January 2019: Started preparing documents upon receiving the case;

March 2019: The client departed, and on the same day, the visa application was submitted;

November 2019: Assigned to a case officer, notified for medical examination;

January 2020: Visa granted.


Success Factors:

1.Designing the most cost-effective and time-saving solution for the client;

2.Presenting the best possible case to immigration officials for optimal results.

3.Considering the client’s complex visa history, which affects their personal credit rating during the spouse visa application, and ensuring a more professional review of document preparation.

If the applicant holds an “unlawful” status, it is not necessary for them to leave the country to submit the spouse visa application; it can also be done within Australia. Our HECT Australia Handy Immigration team has successfully assisted many individuals with an “unlawful” status in directly submitting their spouse visa applications within Australia, exempting the need for departure. Our lawyers consider the client’s situation comprehensively and consult with them to decide whether to submit the spouse visa application within or outside Australia.

 

In this fiscal year, although there is an increased quota for spouse visas, significant reforms have been implemented. Not only does it require both the spouse visa applicant and the sponsor to undergo English language testing (details can be found here), but the Australian government also announced last week that additional assessments regarding the sponsor’s personal character and obligations will be introduced. Sponsors are now required to inform their spouses of the character check results before submitting the visa application. It is evident that the difficulty of applying for a spouse visa is increasing. The new policy will officially be implemented in November 2021, making this the golden period for applying for spouse visas. It is crucial to seize this opportunity and proceed with the application diligently.