Offshore Partner Visa

Offshore Partner Visa

Subclass 309/100 is a two-stage visa application that allows an offshore foreign spouse or partner of an Australian citizen, permanent resident or eligible New Zealand citizen the opportunity to live in Australia, indefinitely.

Other types of Partner Visa include:

Subclass 300 – Prospective Marriage Visa

The visa lets you come to Australia to marry your prospective spouse and then apply for a Partner visa.

Subclass 820/801 – Onshore Partner Visa

Onshore Partner visa is applied while the applicant is in Australia allows the partner or spouse of an Australian citizen, permanent resident or eligible New Zealand citizen to stay back in Australia, until a decision is made on their temporary partner visa application. 

Benefits of the Visa Include:

Pathway to Permanent Residency

One Visa Application Charge

No Travel Ban required to travel to Australia

Temporary Offshore Partner Visa Eligibility

You must be the spouse or de facto partner of an:

  • Australian citizen, Australian permanent resident or eligible New Zealand citizen
  • The relationship is genuine and continuing
  • You 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

To be eligible for an 100 visa, you must:

  • Hold an 309 visa
  • Be in an ongoing relationship still, unless you meet certain special conditions
  • Have complied with Australian laws

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 can provide facts and evidence of 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.

What partner visa is suitable for me?

Ideally, we recommend that you apply for an Onshore Partner Visa. However, you may not always be eligible for this. This could be due to many factors, including:

  • You are currently offshore
  • You are unable to secure a travel ban to travel to Australia.
  • You have a Condition 8503 – No Further Stay on your visa application.
  • You are currently in Australia, but is on a bridging visa and cannot satisfy Schedule 3 Requirements

If you are unable to apply for an 820 visa, we recommend that you apply for Subclass 309/100 or Prospective Marriage Visa, if you meet the visa eligibility criteria.

*Please note that this is general advise only. Please reach out to us for a comprehensive consultation, based on your circumstances.

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

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

Once you have applied for Subclass 309, wait for the Department to respond with any documents that they require to process your application.

Once the Department is satisfied that you have met all the criteria for a Subclass 309 grant, they will grant the Subclass 309 Visa Application. Alternatively, 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).

STEP 3: Apply for Permanent Partner Visa

You are eligible to apply for the permanent Partner (Migrant) visa (subclass 100) two years from the lodgement of your temporary Partner (Provisional) visa (subclass 309). Your provisional visa must be granted before applying for a permanent partner visa. 

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 able 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.

    Do I need a travel ban exemption if I have been granted a partner visa?

    No, you are not required to apply for a travel ban exemption if you have an approved partner visa to travel to Australia.

    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.

    Summary of cost estimates
    for your application

    We have summarised a cost estimate for a Partner Visa application as below. 

    309/100 Visa
    Application

    AUD 7850

    The visa application fee of $7,850 for the main applicant.

    Medical
    Examination

    Varies

    Paid directly to the medical agency that conducts your health examination.

    Police
    Check

    Varies

    Paid directly to the agency that conducts your character checks

    Processing Times for Provisional Partner Visa - Subclass 309

    75% of applications are processed in 20 months

    90% of applications are processed in 32 months

    0%
    20 months
    0%
    32 months

    Processing Times for Permanent Partner Visa - Subclass 100

    75% of applications are processed in: 18 months

    90% of applications are processed in: 29 months

    0%
    18 months
    0%
    29 months

    Partner visa during COVID times

    PROCESSING TIME FOR PERMANENT PARTNER VISA

     As part of efforts to reduce the size of permanent partner visa caseload, older and more complex permanent Partner cases are now being processed. These cases take longer to finalise and are impacting published processing times.

    MORE PLACEMENTS FOR PARTNER VISA

    In the recent Budget, the government announced that the higher annual intake of Family visa grants (including Partner Visa) to be 77,300 which accounts for nearly 49% of the entire migration program.

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