Offshore Partner Visa

Offshore Partner Visa - Subclass 309/100

The Subclass 309/100 visa application is an offshore two-stage partner visa that enables a spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen residing offshore to move to Australia permanently.

From 25 November 2023, the Partner (subclass 309) visa can be granted to applicants in or outside Australia. You must, however, be outside Australia when you apply for this visa

With this visa, you can:

  • Live and work in Australia for up to two years while your permanent partner visa is being processed
  • Access to Medicare from the time of visa lodgement.
  • Apply for Permanent Residency after two years from the lodgement of your temporary partner visa.
  • Travel in and out of Australia as many times as you like during the validity of your visa.
  • Sponsor family members once you have been granted a subclass 100 visa.

How do I prove my relationship
to the department?

There are 4 main aspects of the relationship that the Department of Home Affairs will consider when assessing any partner visa application:

Financial aspect of relationship

Under this section, you must provide evidence that reflects your financial commitment to each other.

Nature of household

In this section, you can provide evidence of any joint responsibility for the care and support of children, your living arrangements and sharing of the responsibility for housework. 

Social aspect of relationship

In this section, you can outline important social aspects of your relationship, including opinion of your family, friends and acquaintances about the nature of your relationship.

Nature of commitment

In this section, you can outline significant events in your lives during which you have relied on each other for support and future plans together.

Temporary Visa Eligibility

Subclass 309 - Offshore Partner Visa

To be approved for sponsorship, your sponsor must be: 

  • Your spouse or de-facto partner
  • an Australian citizen, Australian permanent resident, or eligible New Zealand citizen; and
  • aged 18 years of age or older (unless an exemption applies).

 

Your sponsor is barred from sponsoring you if:

  • they already have sponsored two partners over their lifetime;
  • they have previously sponsored another partner in the last five years.
  • if they were granted a partner visa themselves in the last five years – they can sponsor you only after five years have passed since they lodged their own visa application.
    • unless compelling and compassionate circumstances applies.

You must:

  • be the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen
  • be in a genuine and continuing relationship with the sponsoring partner
  • meet health and character requirements.

 

If you are in a de-facto relationship, your relationship must have existed for at least 12 months immediately before you apply for the visa.

This will not apply if you:

    • are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or
    • you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages

Permanent Visa Eligibility

Subclass 100 - Offshore Partner Visa

The sponsor must:

  • be the same person who sponsored the applicant for their temporary partner visa 
  • continue to be married or in a de facto relationship with the applicant. 
  • You must hold:
    • a Partner (Provisional) visa (subclass 309), or
    • a Dependent Child (subclass 445) visa.
  • 2 years must have passed since you applied for the combined 309 and 100 visa for you to be assessed for the permanent visa.
  • You must:

    • be married or in a de facto relationship
    • have a genuine and continuing relationship
    • live together or don’t live permanently apart
    • be mutually committed to a shared life excluding other partners.

Partner visa to Permanent Residency

Getting the Permanent Partner (Migrant) Visa (subclass 100) is a three-stage process which goes as follows:

STEP 1: Apply and be granted a Subclass 309

To begin your permanent residency journey, you begin with by applying for a Subclass 309 Temporary Partner Visa.

STEP 2: Wait for Visa Grant

After submitting your Subclass 309 application, we will await the Department's request for any necessary documents to proceed with your application. Upon confirming that you have satisfied all the requirements for a Subclass 309 grant, the Department will approve your visa application.

Alternatively, if you have been in a long-term relationship before lodging your 309 (temporary) application, the permanent Partner (Migrant) visa (subclass 100) may be granted immediately in addition to the temporary Partner (Provisional) visa (subclass 309).

STEP 3: Apply for Permanent Partner Visa

You may apply for the permanent Partner (Migrant) visa (subclass 100) two years after submitting your temporary Partner (Provisional) visa (subclass 309) application, provided that your provisional visa has been approved prior to applying for the permanent partner visa.

Things to watch out for
in a partner visa application

Partner Visa may seem easy, but we’ve seen many applications refused, due to issues that they weren’t aware of!

Forgetting to lodge sponsorship application

Although forgetting to lodge your sponsorship application might not lead to a visa refusal, this can increase your visa application processing time.  

Condition 8503

If you are in Australia and you have a visa with condition 8503, you will not be able to apply for a partner visa onshore, unless if the condition was waived.

Assuming previous visa was automatically cancelled

Applying for a partner visa does not cancel your current visa. Your current visa remains valid until it expires. This could lead to non-compliance to your current visa.

Schedule 3

If you do not have a valid visa when applying for a Partner visa, you are subjected to Schedule 3. Your partner visa will only be successful if compelling circumstances applies to you.

Section 48 Bar

If you have had a previous refusal in your bridging visa, you may be barred from applying for other visas. While exemptions do apply for Partner Visa, this may only be granted, in certain circumstances.

Relationship Breakdown

If your relationship breaks down whilst applying/holding on to a Temporary Partner Visa, you may not be eligible for a Permanent Partner Visa, unless if specific circumstances apply. 

Public Interest Criteria 4020

Under PIC 4020, a visa might be refused if bogus documents or information that is false or misleading is given to the Department or the AAT. If there is any false or misleading information in your visa application, this can lead to complications.

Assuming you are not eligible for a Partner Visa

The 12 months of de-facto relationship requirement does not apply if you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages

Something else ?

    FAQ

    We are happy to answer
    any queries you may have

    My sponsor has sponsored their former partner for a partner visa. Can I still be sponsored by my current partner?

    You can be sponsored by your current partner if they have only sponsored one partner in the last five years.

    If they have sponsored more than one partner for a partner visa, they may be unable to sponsor you, unless compelling reasons apply in your case.

    Can I be granted a permanent partner visa quicker?

    If you have been in a long-term relationship before you lodge your 309 (temporary) application, the permanent Partner (Migrant) visa (subclass 100) may be granted immediately along with the temporary Partner (Provisional) visa (subclass 309). Alternatively, we can assist you with creating a decision ready application at the time of lodgement to reduce delays in processing your application.          

    I have a dependent child. Can I include them in my partner visa?

    Children under the age of 18 will be considered dependent, and therefore be included in your partner visa application. Children over 18 may be included if they are dependent on your or is incapacitated and is substantially reliant on you.

    Can I visit my Partner during visa processing time?

    You are able to visit your partner, if you have an approved visa to travel to Australia.

    Can I get married during my visa processing time?

    You may be able to get married during your visa processing, if you had applied as de-facto, as soon as you satisfy de-facto requirements at the time of lodgement of your visa application (12 months of living together or have a relationship certificate). We strongly recommend that you consult with us before getting married.

    Do I need to pay for the visa application twice ( i.e. at temporary and permanent partner visa stage)?

    When you apply for a partner/ spouse visa, you are taken to have applied for both the temporary and the permanent partner visas together.

    Therefore, you are not required to pay any additional visa fees when lodging your permanent partner visa application. However, you will need to make a separate application for the permanent partner visa application.