Who Can Help With an Offshore Subclass 309/100 Partner Visa?

What does a lawyer do on an offshore Subclass 309/100 partner visa?

A lawyer on an offshore Subclass 309/100 partner visa confirms eligibility for the applicant and sponsor, identifies risks in the applicant's visa and travel history, prepares the application and the sponsor's documents, and presents the relationship evidence across the four aspects the Department assesses. The lawyer then manages health examinations, police certificates and every request from the Department until the decision, and advises the couple on travel so the applicant is outside Australia when the Subclass 309 is granted. Our page on the Subclass 309 visa sets out this work stage by stage.

Why do Australian sponsors engage a lawyer for an offshore partner visa?

Australian sponsors engage a lawyer for an offshore partner visa because the couple often lives apart, and the evidence has to show a genuine and continuing relationship despite the distance. Cultural or religious marriages, earlier visa refusals, previous relationships and differences in documents also need careful handling before lodgement. Our article on the partner visa long-distance relationship explains how time apart is evidenced.

What makes an offshore Subclass 309/100 application harder than it looks?

An offshore Subclass 309/100 application is harder than it looks because the Department often has less direct evidence of shared living, relies more on documents from other countries and checks the applicant's earlier visa applications closely. Unrecognised overseas marriages and missing civil documents are common problems. Our articles on the unrecognised overseas marriage and offshore lodgement mistakes explain how these issues arise.

How does My Migration Lawyers work with couples in different countries?

My Migration Lawyers works with couples in different countries by video consultation and email, so the sponsor in Australia and the partner overseas can both take part at times that suit each time zone. Documents are provided electronically, and the firm keeps both partners informed as the application moves through processing, which avoids the confusion that arises when only one partner deals with the case.

What happens if an offshore Subclass 309/100 partner visa is refused?

If an offshore Subclass 309/100 partner visa is refused, the visa applicant can apply to the Administrative Review Tribunal for review in their own name, from wherever they are, within a strict time limit. My Migration Lawyers acts in partner visa refusal reviews and assesses whether review or a new application is the better path, as explained in our article on partner visa appeal versus reapplication.

Why do sponsors choose My Migration Lawyers for an offshore partner visa?

Sponsors choose My Migration Lawyers for an offshore partner visa because the firm deals with the sponsor as the client in Australia while preparing the overseas partner's case in full, so neither partner is left managing the application alone. The firm is led by Principal Lawyer Weiwei Zhang, works on fixed fees agreed before work starts, and takes on difficult offshore matters involving long separations, cultural marriages, earlier refusals and character issues. Sponsors can learn more about Weiwei Zhang and the firm's approach.