Offshore Partner Visa

Seamless Offshore Partner Visa Solutions: Your Gateway to Global Success

Overview

Partner visas are designed for those who are a spouse or in a de facto relationship with an Australia citizen, Australian permanent resident or eligible New Zealand citizen. If you are onshore in Australia, you are eligible for partner visa subclass 820/801, but if you are in other countries and want to migrate to Australia under a partner visa, you must apply for subclass 309/100.  

Subclass 309 is the temporary visa, but getting this visa is the first step towards the permanent visa subclass 100. Your application will be processed in two stages – visa subclass 309 will be granted first and you need to apply for visa 100 separately again after 2 years from the date of visa 309 application. 

Who can sponsor for a partner visa subclass 309/100?

To apply for offshore partner visa 309/100, you must have a sponsoring partner.

  • The sponsor must be an Australian Permanent Resident, Australian citizen, or eligible New Zealand citizen.
  • The sponsor can only sponsor 2 spouses or de facto partners in his/her lifetime and can only sponsor 1 spouse or de facto partner within 5 years unless in an exceptional circumstance.
  • The sponsor cannot hold a spouse visa sponsored by another person in the past 5 years.
  • The sponsor cannot be convicted of or have had to pay a fine for hurting a child.
  • The sponsor needs to pass the character test.

How can you prove the relationship with your partner?

The relationship with your partner is one of the most important parts that case officer will rely on to see if you should be granted with a partner visa. To demonstrate your relationship is genuine, continuing and mutual, you must provide the following evidence:

Relationship history

You need to write a statement that includes all key milestones of your relationship, such as:

  • how, when and where you first met 
  • how the relationship developed 
  • when you moved in together, got engaged or married 
  • what you do together 
  • time you spent apart 
  • significant events in the relationship and 
  • your plans for the future. 

Together with this writing, you must submit a legal document to prove your relationship with your partner, which is either your marriage certificate or registered de facto relationship document.

Frequently Asked Questions

What is the processing time of a partner visa?

The processing time is based on a case-by-case basis, but the case officers need up to 10 months to process 25% of applications, 14 months to complete 50% of applications, and up to 38 months to assess 90% of applications.

Can I visit my partner in Australia while the visa 309 is being processed?

Yes – since the processing time for a 309 visa is long, you can apply for a visitor visa to visit your partner for a short period, normally 3 months. However, you should bear in mind that you must be outside of Australia when the visa 309 is lodged and when it is granted. In this case, you should always keep your contact details updated with the Department of Home Affair via Immiaccount.

Can I include my children with ex-partner in my partner visa 309?

You can include your children as a secondary applicant when you lodge the visa application. However, after the visa 309 is granted, you are not able to add your children to your application. In this case, you must apply for a dependent child visa – subclass 445, and once the 445 visa is issued, you can add your children to your permanent partner visa application.

Is a 309-visa holder eligible for Centrelink benefits?

As 309 is a temporary visa subclass, you may be eligible for a limited number of subsidies from Centrelink only. You can’t apply for Job Keeper and Job Seeker payments, but may be eligible for Family Tax Benefit, Parental Leave Pay, Dad and Partner Pay and Low-Income Health Care Card.

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