Alex & Mia – Partner Visa Case Study

Clients

• Alex (Australia)
• Mia (Thailand)

Situation

Alex, an Australian citizen, and Mia, originally from Thailand, met during a vacation in Thailand in 2018. They quickly fell in love and got married in a beautiful ceremony in Thailand. Eager to start their life together in Australia, they applied for a visitor visa for Mia, but it was refused multiple times.

Due to work commitments, Alex had to return to Australia, leaving Mia behind. Determined to bring his wife to Australia, Alex approached Emigrate Lawyers for assistance.

Solution

Emigrate Lawyers assessed Alex and Mia’s situation and recommended applying for a Subclass 309 Partner visa, which allows the partner of an Australian citizen to live in Australia.

Case Summary

Application for Subclass 309 Partner Visa:

Emigrate Lawyers assisted Alex and Mia in lodging a Subclass 309 Partner visa application. This visa would allow Mia to live in Australia temporarily while the permanent Partner visa (subclass 100) is processed.

Submission of Visitor Visa Application:

After the Subclass 309 visa was lodged, Emigrate Lawyers submitted another visitor visa application for Mia. This time, it was granted and did not have a “no further stay” condition.

Arrival in Australia:

Mia came to Australia on the visitor visa. Upon arrival, Emigrate Lawyers assisted her in lodging a Subclass 820 Partner visa application. This visa allows the partner of an Australian citizen to stay in Australia while their permanent Partner visa is processed.

Bridging Visa and Interim Benefits:

During the processing time of the Subclass 820 visa, Mia was granted a Bridging Visa, which allowed her full work rights, study rights, and access to interim Medicare.

Withdrawal of Subclass 309:

The Department of Home Affairs requested Mia to withdraw her Subclass 309 application. Emigrate Lawyers assisted in withdrawing the Subclass 309 application seamlessly.

Grant of Subclass 820:

Mia’s Subclass 820 Partner visa was granted, allowing her to stay in Australia with Alex permanently.

Outcome

Emigrate Lawyers’ strategic approach and thorough documentation ensured that Mia’s transition from a visitor visa to a Subclass 820 Partner visa was smooth and successful. Mia was able to stay with Alex in Australia, work, study, and receive medical care during the processing period, significantly easing their journey as a couple.

Conclusion

At Emigrate Lawyers, we understand the complexities and emotional challenges involved in partner visa applications. Our expertise in handling such cases ensures that our clients receive comprehensive support and guidance throughout the process. If you need assistance with a Subclass 309 or any other visa matters, please contact us for professional advice and support.