Case Study: Partner Visa Subclass 309/100 Successfully Granted

Published on December 2, 2024

At Kris Ahn Lawyers, we take pride in delivering outstanding results for our clients, even in the most challenging immigration cases. Recently, our Accredited Specialist in Immigration Law, Tony Huang, successfully secured both a Partner (Provisional) Visa Subclass 309 and a Partner (Migrant) Visa Subclass 100 for a client, achieving a remarkable turnaround time of approximately five months.

Background: Overcoming Challenges

The client originally migrated to Australia on a Subclass 188C visa under the Significant Investor stream. Transitioning to the permanent Subclass 888C visa should have been a straightforward process. However, their previous migration agent made a critical error by lodging the Subclass 888C application prematurely and failing to rectify the mistake before the client’s Subclass 188C visa expired. As a result, the client was left with a pending application that was destined to be refused.

At this juncture, the client sought our assistance. Our team promptly addressed the situation, lodging an appeal for the Subclass 888C refusal and managing the client’s bridging visa arrangements. Recognising the strength of their relationship with their Australian partner, we advised lodging a Partner Visa application as a pathway to permanent residency.

Case Highlights

The client and their Australian partner had been in a committed relationship for over three years at the time of the Partner Visa application. This allowed us to pursue both the temporary Subclass 309 visa and the permanent Subclass 100 visa concurrently.

  • Application Timeline:
    • 22 July 2024: Lodged Subclass 309/100 visa application.
    • 10 October 2024: Submitted additional evidence upon request.
    • 1 December 2024: Both Subclass 309 and Subclass 100 visas were granted.

This expedited processing is particularly noteworthy, given the Department of Home Affairs’ standard processing times for Subclass 309 visas are between 11 and 20 months, while Subclass 100 visas typically take between 9 and 20 months to finalise. For more information, visit visa processing times guide.

Key Factors for Success

  1. Comprehensive Evidence: We submitted detailed documentation showcasing the genuineness and longevity of the client’s relationship, including financial records, evidence of joint commitments, and testimonials from family and friends.
  2. Strategic Approach: By leveraging the client’s eligibility for a Partner Visa, we mitigated the risks associated with their previous visa complications.
  3. Meticulous Case Management: Tony Huang’s thorough preparation ensured the application met all requirements, preventing unnecessary delays and securing a swift decision.

About Partner Visa Subclass 309/100

The Subclass 309 visa permits spouses or de facto partners of Australian citizens or permanent residents to reside in Australia temporarily. Once specific criteria are met, applicants can transition to the Subclass 100 visa, granting permanent residency. This streamlined process enables couples to reunite while ensuring compliance with immigration requirements.

How Kris Ahn Lawyers Can Assist

Navigating the Partner Visa process can be complex, particularly in cases involving previous visa refusals or cancellations. At Kris Ahn Lawyers, we provide:

  • Expert Guidance: Our team includes two Accredited Specialists in Immigration Law, offering unparalleled expertise in Australian migration matters.
  • Tailored Solutions: Every client’s situation is unique. We develop customised strategies to maximise your chances of success.
  • Proven Results: From straightforward applications to intricate cases like this one, we have consistently achieved outstanding outcomes for our clients.

If you are considering applying for a Partner Visa or require assistance with your immigration matters, contact Kris Ahn Lawyers today. Our dedicated team is here to guide you every step of the way.

Related Resources

For further insights and success stories, explore our recent articles:

Let us help you achieve your migration goals. Book a consultation with us today!


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.