CASE STUDY: Subclass 309/100 – From Unlawful to Permanent Resident

30 Jun


Steve and Diana* came to us for advice on the fastest pathway to an Australian partner visa. Steve is a citizen of Ireland and had been in a relationship with Diana, an Australian citizen for around 6 years. Steve was unlawful and had a complicated visa history.


A summary of Steve’s visa history:

  • Steve has been unlawful since 2015 after a 457 visa cancellation.
  • In 2019 Steve and Diana approached another migration firm for advice and Steve was advised to lodge a Bridging Visa E (BVE) application followed by a subclass 820 partner visa application.
  • Steve later withdrew his Bridging Visa E application before the partner visa application was lodged and was taken into detention as an unlawful non-citizen in the community.
  • Steve then departed Australia and returned home to Ireland. Steve had previously left Australia as the holder of a BVE and after being unlawful for a period of more than 28-days from 2015 to 2019, he was subject to a three-year ban on applying for a temporary visa.

When Steve and Diana came to us, they wanted to know if there was any way of getting Steve home to his family with an option for permanent residency. We advised the couple that Steve would not be eligible for temporary visitor visas because of his colourful immigration history and the best and fastest option would be to lodge an application for a subclass 309/100 offshore partner visa.

We helped the couple to collect their relationship evidence including substantial evidence of their long-term relationship. We prepared detailed legal submissions addressing Steve’s eligibility for the partner visa grant and asking for immediate grant of his permanent residency.

Steve was granted his subclass 309 and his subclass 100 visa within 8 months of lodging.

Australia’s international travel borders were closed at this time, but since Steve was now an Australian permanent resident, he was able to enter Australia straight away and is now back at home with his family.


If you have a complex migration matter or are slightly confused about your situation, please book a consultation with one of our migration agents to discuss your future in Australia!

*Names changed

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