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There is always another way when using the right immigration help- Merits Review may not always be the best course of action

The Applicant and Sponsor came to Immigration Solutions seeking assistance with the preparation and lodgement of a Subclass 309 Offshore Partner visa. The Applicant and Sponsor had applied for an Onshore Subclass 820 partner visa years earlier which had been refused by the Department.

The application was refused by the Department due to Schedule 3 issues relating to the Applicant overstaying his initial visa and a lack of compelling evidence as to why the Applicant could not return to his home country.

The team at Immigration Solutions came together with the Applicant and Sponsor and decided that the best course of action would be to withdraw the existing Merits Review and lodge a Subclass 309 Offshore Partner visa.

The Subclass 309 Partner (Provisional) visa allows Applicants to live in Australia with their spouse or de facto partner if their partner is:

Applicants must be outside Australia when applying and also when the Partner (Provisional) visa is granted.

Once the decision to lodge offshore was reached, the team at Immigration Solutions were able to provide a detailed submission explaining that the couple were in a genuine and committed long-term relationship. We were also able to provide extensive evidence of the emotional and financial hardship the couple would face if the Applicant were to remain overseas.

Immigration Solutions was able to provide the Department with a submission-ready application complete with extensive documentation and proof of the relationship. The Subclass 309 Partner visa was granted within two months of lodgement.

Where Schedule 3 criteria cannot be met for a Subclass 820 Onshore partner visa a Subclass 309 Offshore option is always available.

Immigration Solutions is one of the leading immigration law firms in Australia. Headed by managing director and principal lawyer, Anne O’Donoghue, the firm has over 23 years of experience in assisting applicants navigate the different avenues of migration into Australia.

To find out more about Immigration Solutions Lawyers click here.

To read more of our successful cases click here.

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