Offshore Partner Visa Subclass 309 and 100

Home Offshore Partner Visa Subclass 309 and 100

Visa Overview

Are you living outside Australia and have fallen in love with an Aussie? The Offshore Partner Visa is ideal for those who wish to travel to Australia to join their partner and are married or are in a defacto relationship with an Australian Citizen, Permanent Resident or Eligible New Zealand Citizen. Couples need to prove that they have a genuine and continuing relationship to apply for this visa. The subclass 309 partner visa is a two-year temporary visa and the subclass 100 partner visa is a permanent visa. Applicants automatically apply for the permanent 100 visa as part of their subclass 309 application.

Exceptions to the 2 year Partner Visa Timeline:

In accordance with Departmental policy, decision-makers are able to grant permanent residency at the initial application stage, if a couple has been in a long-term de facto/spousal relationship.

The Department defines a long-term relationship as:

- being in a relationship for at least 3 years; or
- having a dependent child (other than a stepchild) from the relationship between the applicant and the sponsor.

As such, if you have been in a long-term relationship and/or have a child together, you may be eligible for permanent residency through the partner visa route in a much shorter timeframe.
australian partner visa
australian marriage visa

Solutions We Offer

Book a consultation and talk to us today about whether you would be best suited to applying for a Prospective Marriage or Onshore/Offshore Partner Visa. We will assess your situation and provide accurate and informative advice on the best partner visa pathway to suit your relationship circumstances.
  • Relationship Criteria
  • Sponsorship Criteria
  • Important Information
  • Visa Processing times

In order to meet the requirements of this visa, you and your fiancée must meet the following relationship criteria;

  • Be at least 18 years old and not be closely related;
  • Must be legally married or in a defacto relationship (including same-sex couples). (Defacto relationships require the couple to have lived together for at least 12 months before submitting an application unless the relationship has been registered as a Civil Union / Partnership in QLD, ACT, NSW, VIC or TAS or if compelling circumstances exist).
  • Must show that the relationship is genuine and there is a commitment to a shared life together by providing evidence of the following:

    Cohabitation– rental agreements, mail, utility bills directed to same address.
    Financial aspects – shared bank accounts/ financial documents, mortgages, bills and purchases.
    Social aspects – testimonials from friends, travel/outings and activities together, photographs, invitations to events, social media conversations, emails.
    Nature of commitment – relationship history, future plans, large responsibilities together (children, joint assets/mortgages or financial liabilities).

*Both applicant and sponsor must also meet health and character requirements.

In order to be an approved sponsor the sponsor must meet the following sponsorship criteria;

  • Must be an Australian Citizen, Permanent Resident or Eligible New Zealand Citizen
  • Have not previously sponsored more than two partners for migration to Australia less than 5 years apart (unless there are compelling circumstances)
  • Have not been sponsored for a Spouse, Partner or Prospective Marriage Visa by someone else within the last 5 years (unless there are compelling circumstances)
  • Applicants must be outside Australia at the time of application and at the time of the visa grant.
  • Applicants lodge and pay for a combined application for both the temporary and permanent partner visa.
  • A temporary visa will be granted for the first two years and then a permanent residency visa may be granted if the relationship is still found to be genuine and continuing.
  • In some cases, DHA may grant applicants a permanent visa without having to wait the initial two years.
  • This visa enables the holder to live, work and study in Australia indefinitely once the permanent partner visa (subclass 100) has been granted

Subclass 309/100

  • 75% of visas are processed within 21 months
  • 90% of visas are processed within 28 months

Processing time for subclass 801 Partner (permanent) visa and 100 Partner (permanent) visa is from date of eligibility (2 years after the 820/801 or 309/100 application is lodged) to finalisation.

Individual processing times for any given application may vary depending on an applicant’s specific circumstances,
 their country of origin, as well as the quality of the application lodged with the Department of Home Affairs, i.e., a
 decision ready application in compliance with all legislative and policy criteria.

BENIFITS

Access to Medicare

Unrestricted Work Rights

Pathway to Permanent Residency

Single Visa Application Charge

Allows for unlimited travel in and out of Australia

Access to Adult Migrant English Program (AMEP)

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Code of Conduct

The Code of Conduct for Registered Migration Agents is set out in legislation to regulate the conduct of Registered Migration Agents. It prescribes our obligations towards our clients.

Provision for a Code of Conduct for Registered Migration Agents is set out in Section 314 of the Migration Act 1958 and is prescribed in Schedule 2, Regulation 8 of the Migration Agents Regulations 1998.

To download a copy of the Code of Conduct, please click the below link.
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