309 / 100 VISAS: OFFSHORE PARTNER
The offshore partner visa subclass (309 and 100) allows the spouse or de facto partner of eligible sponsor travel to and live in Australia. The spouse or de facto partner must be outside of Australia to apply.
Who Is Eligible For The 309 / 100 Visa?
Both types of Partner visa allow you to live in Australia if you are the spouse or de facto partner of someone who is any of the following:
- An Australian citizen
- A permanent resident
- An eligible New Zealand citizen
The Partner (Provisional) visa (subclass 309) is the first step towards a permanent Partner visa (subclass 100) if the applicant is outside of Australia. Only one application needs to be lodged for both visas, and there is only one application charge. The processing happens in two stages, approximately two years apart. The applicant must be outside of Australia when you apply for the Partner (Provisional) visa (subclass 309) and also when it is granted. The applicant can be in or outside Australia when Partner visa (subclass 100) is granted.
What Are The Other Requirements Of The 309 / 100 Visa?
If the applicant is outside of Australia and is applying for a Partner (subclass 309 and 100), they must show the following:
- That they are in a genuine, consensual and ongoing relationship with the sponsor
- That they live with their partner
- If they are married, that the marriage is valid under Australian law
- If they are de-facto, that a committed an exclusive relationship has existed for at least 12 months before the date of application
- That they meet certain age and health requirements
What Are The Benefits Of The 309 / 100 Visa?
Both Partner visas allow the applicant to:
- Enter Australia and stay until a decision is made about the permanent Partner visa (subclass 100)
- Work in Australia
- Study in Australia (without government funding)
- Enroll in Medicare
If the applicant is later granted a permanent visa, they can:
- Stay in Australia indefinitely
- Work and study in Australia
- Apply for Australian citizenship (depending on eligibility)
- Sponsor eligible relatives for permanent residence
These Partner visas also allow for the visa applicant to include dependent children and other dependent relatives on the application, if they fulfil the requirements of being a member of the family unit.
Please refer to the immigration official website for visa application charges.