The Offshore Partner visa (subclass 309 and 100) allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia.
This visa is for applicants who are outside Australia at the time of application. The applicant can be in Australia or outside of Australia when the visa granted.
Frequently Asked Questions
How does the Offshore Partner visa work?
- The application is a combined process for both the temporary Partner (subclass 309) visa and the permanent Partner (subclass 100) visa
- You must be outside Australia when you apply for the Partner (subclass 309) visa
- Once granted the Partner (subclass 309) visa, if you are outside Australia, you can travel to and live in Australia with your partner while your Partner (subclass 100) visa is processed
Eligibility requirements for the Offshore Partner visa
Relationship requirement
You must be either:
- Married to your partner (marriage must be valid under Australian law), or
- In a genuine de facto relationship (generally for at least 12 months, unless there are compelling circumstances or your relationship is registered)
For both married and de facto partners, you must show:
- A mutual commitment to a shared life to the exclusion of all others
- A genuine and continuing relationship
- You live together, or if apart, it is only temporary
Generally, the Department of Home Affairs will assess four pillars of evidence to determine if your relationship is genuine and continuing and to the exclusion of others, being:
- Financial evidence: This can include bank accounts, money transfers and evidence of shared assets
- Social evidence: This can include photographs, joint invitations and letter of support
- Nature of your commitment: This can include evidence of your shared life together including plans to start a business, travel, marry or start a family
- Nature of the household: This includes information about how you run your shared household
Sponsorship
- Your partner must lodge a sponsorship application and be approved as your sponsor
- Sponsors must be Australian citizens, permanent residents, or eligible New Zealand citizens, aged 18 or over
- Sponsors must meet character requirements and may be limited if they have previously sponsored other partners
Visa applicant
- The applicant must also meet health, character and identity requirements
Partner (Subclass 309) visa – temporary stage
- This is the first stage of the Offshore Partner visa process
- Allows you to travel to and live in Australia with your partner
- You must be outside Australia at the time of application but can be onshore or offshore when the visa is granted
- You can visit Australia on another visa while your application is processing
Partner (Subclass 100) visa – permanent stage
- This is the permanent stage of the Offshore Partner visa process
- This is usually granted about two years after you lodge your combined 309/100 application
- You must continue to be in a genuine and ongoing relationship with your sponsor
- In some cases (such as long-term relationships or if you have children together), you may be eligible for an immediate grant of the permanent visa
- If your relationship ends due to family violence or the death of your partner, you may still be eligible for the permanent visa
How to apply?
- Apply online: Lodge your application through ImmiAccount while you are outside Australia
- Provide evidence: Submit documents proving your relationship, such as joint financial records, shared household arrangements, social evidence, and commitment to each other
- Sponsor application: Your partner must submit a sponsorship application and provide evidence of their eligibility
- Health and character: Complete health and character checks. Note: these expire after 12 months. Some couples choose to wait until they are requested to provide these checks to minimise the chance of them expiring
- Wait for processing: Processing times vary. It is best to check the current published processing times on the Department of Home Affairs website
- You may enter Australia on another visa while waiting, but must leave for the grant
- Permanent visa assessment: After about two years, provide updated evidence to support your ongoing relationship for the Partner (subclass 100) visa
Book a free 10-minute call with our migration lawyers to discuss your Offshore Partner visa (subclass 309 and 100) and get clear guidance on your next steps.
