Offshore Partner Visa (Subclasses 309 & 100)
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Introduction
Partner visas (subclasses 309 and 100) allow the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia.
A de facto relationship means you and your partner live together (or don’t live apart permanently), are not married or related, and share a genuine, ongoing relationship with a commitment to a life together.
When you apply for a Partner visa from outside Australia, you are applying for both the Subclass 309 (temporary) and Subclass 100 (permanent) visas together. The 309 is granted first, allowing you to live in Australia, and usually about two years later, the Department will reassess your application and may grant the 100 if your relationship is still genuine and ongoing.
Key Benefits of the Offshore Partner Visa
Subclass 309
This subclass entitles holders to:
- Live and work in Australia until the permanent Partner visa (subclass 100) application is finalized.
- Study in Australian universities and intuitions.
- Travel to and from Australia freely (multiple entry).
- Join free English classes (Adult Migrant English Classes) if eligible.
- Apply for Medicare (the Australia’s public health care scheme).
Subclass 100
This subclass entitles holders to:
- Live, work and study in Australia unconditionally.
- Travel to and from Australia for up to 5 years.
- Sponsor eligible family members to join holders in Australia.
- Apply for the Australian citizenship (if eligible).
- Join free English classes (Adult Migrant English Program) if eligible.
- Access the Medicare coverage.
Who Is Eligible for the Visa?
To be eligible for this visa, applicants must meet the following criteria:
General Criteria
1. Be Offshore
Both you and any family members included in the application must be outside Australia when you apply.
2. Over 18
At the time of application, you must usually be at least 18 years old.
3. Health and Character
You should meet the health requirement, usually by completing medical checks.
You must also meet the character requirement by providng police checks for any country in which you have spent a total of 12 months or longer over the last 10 years.
Relationship Criteria
Subclass 309
1. Be a spouse or de facto partner
To be eligible for this subclass, you must be either a spouse or de facto partner of your sponsor.
2. Real and continuous relationship
You and your partner must prove that your relationship is real, genuine and ongoing.
Evidence may include join bank accounts, rental agreements, travel tickets and photos together.
3. Living together
You and your de facto partner must live together or do not live permanently apart.
If you are applying as a de facto partner, you usually need to have lived together in a genuine relationship for at least 12 months before applying, unless your relationship is legally registered. Time spent only dating or communicating online does not count towards this period.
Subclass 100
1. Holding a subclass 309 or subclass 445
You must already hold a Subclass 309 (Provisional Partner Visa) or Subclass 445 (Dependent Child Visa) before being considered for the permanent stage.
2. Continued relationship
At the time of decision, you must still be a spouse or in the de facto relationship with your sponsor. The relationship must remain genuine, ongoing and exclusive.
The department of home affairs reassesses your relationship against the same criteria as Subclass 309.
3. Time requirement
In most cases, at least two years must pass after lodging your combined 309/100 application before the permanent visa can be granted. However, if you are in a long-term relationship (3 years or more, or 2 years with a child together), Subclass 100 may be granted at the same time as Subclass 309.
Sponsorship Requirements
1. Who can serve as a sponsor?
Your sponsoring partner must be one of the following:
- An Australian citizen
- An Australian permanent resident
- An eligible New Zealand citizen
An eligible New Zealand citizen is a person holding Special Category Visa (Subclass 444) and being in Australia on 26 February 2001.
2. Sponsorship general criteria
A) Age: All sponsors must be at least 18 years old.
B) Character requirement: Sponsors must meet the character requirements including providing police certificates for any country in which they have lived for 12 months or more over the last 10 years.
The sponsorship may be refused if the sponsor has a criminal record, particularly for offences involving children as well as family violence.
3. Sponsorship Limitations
The sponsor is generally limited to a maximum of two partner sponsorships across their lifetime, with a mandatory five-year gap between each. This restriction may be waived in compelling circumstances, including where a previous partner has died.
Partner Visa Fee
- Base application charge: AUD 9,365
- Additional applicant charge 18 and over: AUD 4,685
- Additional applicant charge under 18: AUD 2,345
Application Processing Time
- The application processing time for the Offshore Partner Visa generally ranges between 15 to 25 months.
FAQs about the Offshore Partner Visa
1. What if my visa is refused?
If refused, you will be notified in writing. Review rights depend on your situation: if you were offshore at the time of decision, only your sponsor can seek review. If you were onshore at the time of decision, you may have review rights yourself.
2. Can I apply for a Partner Visa 309/100 if I’m already in Australia?
No. The Subclass 309/100 Partner visa is strictly for offshore applicants. You and any included family members must be outside Australia at the time of application. If you’re in Australia, you need to apply for the onshore partner visa (Subclass 820/801) instead.
3. What happens if my relationship ends after I receive the Subclass 309 visa?
If your relationship breaks down before the Subclass 100 decision, you may still qualify for permanent residency in certain cases:
- If family violence occurred;
- If you have custody or access rights to a child with your sponsor;
- If your sponsor has died after the 309 visa grant.
4. Can my dependent children be included in my Partner Visa application?
Yes. Dependent children can be included when you lodge the combined Subclass 309/100 application, or added later via a Subclass 445 (Dependent Child visa), which then links to your permanent partner visa.
5. Under what circumstances can the Subclass 100 permanent visa be granted earlier than two years?
If you and your partner have been in a long-term relationship (usually 3 years, or 2 years with a child) at the time of application, the Department may grant the Subclass 100 visa without waiting the full two years.
6. What if I married my partner overseas under local laws—will it be recognised?
Australia recognises legally valid overseas marriages, provided they comply with the Marriage Act 1961. However, certain marriages (such as under-age, polygamous, or prohibited-degree marriages) may not be recognised.
7. Can same-sex couples apply for a Partner Visa 309/100?
Yes. Since December 2017, same-sex marriages are legally recognised in Australia, and both same-sex and opposite-sex de facto relationships are eligible for Subclass 309/100.
