Partner Visa (Subclass 309/100) - Offshore | PV Lawyers

Overview

The Partner visa (subclasses 309 and 100) is an offshore visa pathway for partners of Australian citizens, permanent residents, or eligible New Zealand citizens. This visa allows you to join your partner in Australia and eventually obtain permanent residence.

Like the onshore Partner visa, this visa is granted in two stages. The initial stage grants a temporary visa (subclass 309), and after a qualifying period, you become eligible for the permanent visa (subclass 100). Both stages are typically applied for together.

You must be outside Australia when you lodge the application and when any decision is made on the temporary visa.

Visa Stages

The Partner visa (offshore) involves two distinct stages that are typically applied for together:

Temporary Partner Visa (Subclass 309)

The first stage of the process. Once granted, this visa allows you to travel to and live in Australia while your permanent visa application is being processed. You will have full work rights and access to Medicare.

Permanent Partner Visa (Subclass 100)

The second stage, which is generally assessed approximately two years after the initial application. If the relationship is ongoing and genuine, the permanent visa is granted. In some circumstances, the permanent visa may be granted immediately.

Combined Application

Most applicants lodge both the 309 and 100 applications together. The Department assesses the temporary visa first, and then assesses the permanent visa at the appropriate time.

Key Requirements

To be eligible for the Partner visa (subclass 309/100), both the applicant and the sponsoring partner must meet specific requirements.

Applicant requirements:

Be in a genuine and continuing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen
Be outside Australia when the application is lodged and when the 309 is decided
Be sponsored by your partner
Meet health and character requirements
Meet any applicable public interest criteria

Sponsor requirements:

Be an Australian citizen, permanent resident, or eligible New Zealand citizen
Be at least 18 years of age
Not have sponsored more than two partners for visas (limits apply)
Not be barred from sponsoring due to previous sponsorship issues or certain criminal convictions

The relationship must be genuine and continuing. The Department will assess the history of the relationship, financial aspects, nature of the household, social context, and the commitment of each partner to the relationship.

Relationship Evidence

Demonstrating a genuine and continuing relationship is central to the Partner visa application. The Department assesses evidence across four key areas:

Financial aspects

Joint financial commitments such as shared bank accounts, joint ownership of property or assets, and shared household expenses demonstrate financial interdependence. For couples living in different countries, evidence of financial support and planning for the future together is relevant.

Nature of the household

Evidence of living together when possible, sharing household responsibilities when together, and plans for establishing a shared household in Australia supports the claim that you intend to share a life together.

Social context

Joint social activities, recognition of the relationship by family and friends, and communication records during periods of separation demonstrate social acknowledgment of your relationship.

Nature of commitment

Evidence of your commitment to a long-term relationship, such as plans for the future, length of the relationship, visits to each other, and any legal or cultural ceremonies, is also considered.

Long-distance relationships present unique challenges for evidence gathering. Our immigration lawyers can advise on how to present your relationship evidence effectively.

Processing and Waiting Periods

The Partner visa application process involves waiting periods that applicants should be prepared for.

Initial application

After lodging, the Department will assess the temporary visa (subclass 309) first. Processing times vary depending on the complexity of the application and the Department's workload.

Location requirements

You must be outside Australia when you lodge the application and when the subclass 309 is decided. Once the 309 is granted, you can travel to Australia.

Two-year waiting period

In most cases, the permanent visa (subclass 100) is not assessed until at least two years after the application was lodged. This waiting period allows the Department to assess the ongoing genuineness of the relationship.

Exemptions from waiting period

In certain circumstances, such as long-term relationships or where there are dependent children from the relationship, the waiting period may be waived and the permanent visa assessed sooner.

Visa Conditions and Entitlements

The Partner visa provides significant benefits while your application is being processed and after the permanent visa is granted.

While on the Subclass 309:

Full work rights in Australia
Study rights
Access to Medicare
Permission to travel in and out of Australia
Ability to sponsor eligible family members

After the Subclass 100 is granted:

Permanent residence in Australia
Continued full work and study rights
Eligibility to apply for Australian citizenship after meeting residence requirements
Ability to sponsor eligible family members for migration

It is important to notify the Department of any changes to your circumstances, including changes to your relationship, address, or contact details.

How We Can Assist

Partner visa applications require careful preparation and comprehensive documentation. The Department scrutinises relationship evidence closely, and a well-prepared application is essential — particularly for couples who have spent significant periods apart.

Our services include:

Assessing your eligibility for the Partner visa
Advising on relationship evidence and how to present your case effectively
Preparing and lodging your visa application with comprehensive supporting documentation
Advising on sponsor eligibility and any issues that may affect the application
Responding to requests for further information from the Department
Assisting with the second stage (100) application
Advising if circumstances change during the application process

Every relationship is different, and the evidence required will vary depending on your circumstances. Contact us to discuss your specific situation and how we can assist with your Partner visa application.

Frequently Asked Questions

Yes, you may be able to visit Australia on a Visitor visa while your Partner visa is being processed. However, you must be outside Australia when the subclass 309 decision is made. It is important to plan your travel carefully and seek advice to avoid complications.

Processing times vary significantly depending on the complexity of the application and the Department's workload. The temporary visa (309) may take many months to process, and the permanent visa (100) is generally assessed after a two-year waiting period from the date of application.

The main difference is your location. The 309/100 is for applicants outside Australia (offshore), while the 820/801 is for applicants in Australia (onshore). Both provide the same outcome — permanent residence in Australia.

Yes, dependent children may be included in your Partner visa application. They will generally receive the same visa as you, subject to meeting health and character requirements.

No, the Partner visa is available to both married couples and de facto partners. De facto relationships must have existed for at least 12 months before applying, unless you can demonstrate compelling and compassionate circumstances or your relationship is registered.