Securing a Partner (Provisional) Visa (Subclass 309) is often complex, particularly for couples in unique circumstances. In this case study, we explore how our team at Kris Ahn Lawyers helped a young couple—an Australian citizen and his Filipino partner—overcome significant challenges to successfully obtain a subclass 309 visa, allowing them to begin their life together in Australia.
Kris, the founder and principal lawyer at Kris Ahn Lawyers and an Accredited Specialist Immigration Lawyer, presents this detailed case study on recent immigration cases.
Background: A Unique Love Story
Our client, an Australian citizen, met his Filipino national partner through a mutual friend during a trip to the Philippines. Despite being deeply connected, the couple was young and not yet ready for marriage. Their relationship was primarily long-distance, maintained through online communication and a few in-person visits. This situation presented several challenges in applying for an offshore Partner visa (subclass 309), which typically requires substantial evidence of a committed, long-term relationship.
Critical Challenges in the Visa Application Process
1. De Facto Relationship Requirement:
The primary hurdle was the de facto relationship requirement for the Partner visa. To be eligible for a subclass 309 visa as a de facto partner, the couple must have been in a relationship for at least 12 months before applying. However, meeting this requirement was difficult due to their long-distance status and lack of living together.
2. Limited Evidence of Relationship:
Another challenge was the lack of conventional evidence to support their relationship. The couple did not have shared financial responsibilities or documentation of cohabitation, which are crucial for demonstrating the genuineness of a de facto relationship with the Department of Home Affairs.
3. Initial Rejection of Visa Application:
Given their relationship’s limited evidence and unconventional nature, their initial visa application was rejected. The couple faced the risk of their relationship not being recognised as legitimate by the immigration authorities, which could have forced them to consider alternative visa pathways, such as a prospective marriage visa.
Strategic Solutions and Expert Guidance
Creative Evidence Compilation:
Understanding the unique nature of their relationship, we advised the couple to gather as much evidence as possible to demonstrate their commitment and the genuine nature of their partnership. This included:
- Communication Records: We compiled extensive records of their online communication, including emails, chat logs, and video call screenshots that spanned the duration of their relationship.
- Affidavits from Friends and Family: Statements from mutual friends, family members, and their mutual friend who introduced them, affirming the authenticity and seriousness of their relationship.
- Travel Itineraries and Photos: Document all the times they visited each other, including flight tickets, hotel bookings, and photographs showcasing their time together.
Leveraging Legal Expertise:
We utilised our legal expertise to present their case effectively. We emphasised the cultural and social contexts influencing their relationship dynamics and addressed their challenges in maintaining a traditional partnership. This contextual approach helped the decision-makers understand the depth and sincerity of the couple’s commitment to each other despite not fitting the typical profile of a de facto relationship.
Highlighting the Ongoing Nature of the Relationship:
To strengthen their case, we focused on the ongoing nature of their relationship, demonstrating plans and ongoing commitment. This included providing evidence of plans for cohabitation in Australia, discussions about their life together, and intentions to build a family.
Reapplication and Additional Support:
After addressing the reasons for the initial rejection, we guided the couple through the reapplication process. With a comprehensive portfolio of evidence and a well-crafted statement, we presented a stronger case for their eligibility under the Partner (Provisional) visa (subclass 309).
Outcome: A Successful Visa Grant
On September 3, 2024, after a diligent and carefully strategised reapplication process, the couple received the news they had been eagerly waiting for—their Partner (Provisional) visa (subclass 309) was granted. This approval marked the beginning of a new chapter for the couple, finally allowing them to live together in Australia.
Key Details of the Visa Grant:
- Date of Grant: September 3, 2024
- Visa Validity: Until the decision on the subclass 100 visa is made or the application is withdrawn.
- Travel Conditions: Multiple entries are permitted until September 3, 2025, allowing the couple to freely travel in and out of Australia during the visa’s validity.
Next Steps: Trust in Expertise for a Successful Outcome
With the provisional visa now in hand, the couple will become eligible to apply for the Permanent Partner visa (subclass 100) on February 23, 2026. For this stage, they must continue demonstrating that their relationship remains genuine and ongoing. Given their successful experience with the subclass 309 visa, they are now well-prepared to meet the requirements for the subclass 100 visa.
Conclusion: A Testament to Persistence and Expertise
This case is a powerful example of how tailored strategies, creative solutions, and expert legal guidance can help overcome significant challenges in the immigration process. Our client’s successful journey to securing a Partner (Provisional) visa (subclass 309) shows that even the most complex situations can lead to a positive outcome with the right approach and persistence.
If you are facing challenges with your visa application or need professional assistance navigating the Australian immigration landscape, we’re here to help. Visit our website, Kris Ahn Lawyers, to learn more about our services. Please book a consultation today to discuss your situation and get personalised advice. Let us help you achieve your immigration goals with confidence and ease.
Disclaimer: Not Legal Advice
The information provided in this blog post/article is for general informational purposes only. It does not constitute legal advice or create a representative-client relationship. While we strive to provide accurate and up-to-date information, the content may not reflect the most current legal developments or specific circumstances.
Do not rely solely on the information presented here – but please book in a consultation with us to see how you this information applies to you and may benefit you. Any reliance on the material in this post is at your own risk.
Australian immigration law is arguably one of the most complex laws in Australia. Seek professional legal advice tailored to your individual needs before making any decisions based on the content of this post.
