Offshore Partner Visas (subclass 309 and 100)

Offshore Partner Visa for Australia

Offshore Australian Partner Visa

Partner (Provisional) Visa (subclass 309) and Partner Visa (Migrant) (Subclass 100)

This visa allows the de facto partner or spouse of an Australian citizen or permanent resident to live in Australia.

The Partner (Provisional) Visa (subclass 309) is a temporary visa. The Partner Visa (Migrant) (Subclass 100) is a permanent residency visa. When you apply for a partner visa you will be assessed for both the temporary and permanent visas. Depending on your circumstances and evidence provided, you will be granted the temporary subclass 309 or both.

Evidencing your relationship

309 visa vs 100 visa

To be eligible for a Partner Visa (subclass 100), you must have a minimum of 3 years cohabitation. Alternatively, you can have a joint child or marriage and provide 2 years of cohabitation.

Anything less and it’s likely a Partner visa (subclass 309) will be granted. This is a temporary partner visa which allows you to live and work in Australia. Two years after lodgement of your original application you can apply for your permanent partner visa (providing you are still in a relationship with your original sponsor).

The DOHA visa application fee paid on lodgement of the application. This covers both the temporary and permanent visas.

Obtain a quote for an Australian partner visa.

Eligibility:

In most cases you will be married, in a de facto relationship for at least 12 months, or have registered your relationship with an Australian State Government.

To qualify for the Australian Partner visa, you need to show evidence of your shared life. This includes your financial commitment to one another, shared living arrangements and social recognition of your relationship.

At Visa Go Australia we will assist you in putting together the evidence required to demonstrate your commitment to each other. It is important applicants cover all aspects of their relationship, and provide official documents to prove their genuine commitment to one another. We will also assist with the preparation of your personal statement, which is an important document explaining the nature and development of your relationship. In using an experienced migration agent, you will have access to personalised checklists and templates.

Generally, you must be able to show 12 months of cohabitation evidence. However, depending on where you live, you may be able to register your relationship and waive this requirement.

Basic partner visa eligibility

You and your sponsor must be at least 18 years of age
Your relationship is genuine, continuing and mutually exclusive
You live together or do not live separately and apart on a permanent basis
Be in a de facto relationship (at least 12 months), married or have registered the relationship
You meet the Australian health requirements
You and your sponsor meet the character requirements

Cost of visa:

Australian Government fee due when the visa is lodged AUD$8,850.00.

Apply from:

You must be outside Australia when you apply for this visa.

Processing times:

Currently 3-6 months from lodgement.

Impact of COVID on processing times:

The pressure to bring partners of Australian Citizens into Australia during the COVID crisis has seen the Australian Government allocate a further 73,500 Partner visas for the 2021/22 financial year. This means that processing times have been reduced considerably from 14-18 months to 2-5 months.

We are currently lodging more off-shore Partner (subclass 309) visas than on-shore Partner (subclass 820) due to the reduced processing times.

Will registering our relationship in Australia take away the need for living together for 12 months?

If the Australian partner has lived in Australia for 3 months, or is currently living in Australia, they can apply to Register the Relationship with the State Government where they reside. This, combined with evidence that the relationship is genuine and ongoing, will negate the necessity of providing evidence of living together for 12 months immediately before lodging the visa application. Speak to our Registered Migration Agent to see if this an option for you.

Please note: only the following states currently allow relationships to be registered – New South Wales, Victoria, Australian Capital Territory, Northern Territory, South Australia, Tasmania and Queensland.

Contact us today and speak to our Registered Migration Agent. We can assess your partner visa options and recommend the best visa pathway for you.

What if we have not lived together for 12 months?

If you have not lived together for 12 months but have lived together at some point during the relationship, then you may still be eligible. It is possible for the sponsor to register the relationship with the State in which they are residing. This, combined with evidence that the relationship is genuine and ongoing, will negate the necessity of providing evidence of living together for 12 months immediately before lodging the visa application.

Please note: only the following states currently allow relationships to be registered – NSW, Victoria, ACT, NT, South Australia, Tasmania and Queensland.

Do I need a Bridging Visa?

Bridging visas are only granted to visa applicants who apply for a Partner visa whilst in Australia, to ensure they remain lawful while their application is being processed. If you lodge your Partner visa outside of Australia, you will not be eligible for a Bridging visa.

Can my application be processed sooner?

Applications are generally processed in the order they are received and there is little scope to change this. If you feel you have compelling or compassionate reasons as to why your application should be processed earlier, you will need to provide a written statement outlining these circumstances. It should be noted that circumstances such as employment in Australia; schooling for children, pregnancy, selling your house, or separation from your partner is not considered compelling or compassionate.

Does being married help with an application for a Partner Visa?

No. You must still provide evidence to show that your relationship is genuine and ongoing and that you both have a mutual commitment to a shared life together.

When do I complete the medical?

Once the application has been lodged with the Australian Government, a Health Assessment Portal (HAP) ID number will be generated. The HAP ID number must be quoted when booking your appointment with the Australian Panel Doctor.

You must undertake:

a medical examination regardless of age; and
an x-ray if aged 11 years or over; and
an HIV test if aged 15 or over.

All medical examinations and x-rays must be completed by Panel Doctors and Radiologists designated by the Australian Government. These are recorded electronically and kept on departmental systems.

Do I require Police Checks?

You must provide police certificate(s) from each country where you have lived for a total of 12 months or more in the last 10 years. These 12 months are calculated cumulatively and need not have been consecutive.

Complete the free online assessment to check your eligibility HERE

Book a consultation with an Australian Registered Migration Agent to discuss your questions HERE