Offshore Partner Visa
(Subclass 309 and 100)
The Offshore Partner Visa (subclass 309/100) allows the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to move to Australia. It is lodged from outside Australia in two stages: a temporary subclass 309 visa, followed by permanent residency through the subclass 100 visa, generally around two years later.
If you are living overseas and your partner is an Australian citizen, permanent resident, or eligible New Zealand citizen, the Offshore Partner Visa (subclass 309/100) is the pathway that allows you to join them in Australia. Because this is an offshore application, you must be outside Australia when you lodge it. If you are already in Australia with your partner, you may need our Onshore Partner Visa (subclass 820/801) page instead.
WHO IS ELIGIBLE FOR AN OFFSHORE PARTNER VISA?
To qualify for the subclass 309/100 visa, you must be either:
- legally married to your partner, or
- in a de facto relationship, having lived together for at least 12 months before you apply (unless an exemption applies, such as a registered relationship or compelling circumstances).
You and your partner must also be able to show that your relationship is genuine and continuing.
This means demonstrating that you live together (or are apart only temporarily), are not related by family, and are committed to a shared life together.
WHAT EVIDENCE DO YOU NEED FOR AN OFFSHORE PARTNER VISA?
A successful Partner visa application relies on comprehensive evidence across several categories of your relationship, including:
- Financial aspects: joint bank accounts, shared bills, shared assets or financial support between partners
- Social recognition: evidence that friends, family and the community know you as a couple
- Household: proof that you share a home and domestic responsibilities
- Commitment: evidence of your long-term commitment to one another, such as joint plans, communication history or major life decisions made together
You and your sponsoring partner will also need to meet health and character requirements, along with several other eligibility criteria assessed by the Department of Home Affairs. This includes your sponsor’s own character history; for example, a criminal record can affect a partner’s ability to act as a sponsor.
HOW DOES THE OFFSHORE PARTNER VISA PROCESS WORK?
An offshore Partner visa application is made up of two stages:
- Subclass 309 (temporary): This is the first visa granted, allowing you to live in Australia with your partner while your application for permanent residency is assessed.
- Subclass 100 (permanent): Generally, around two years after you first lodged your application, you become eligible to be assessed for permanent residency under the subclass 100 visa.
To apply, you (the visa applicant) lodge the main application, while your partner completes a linked sponsorship application.
Both components are assessed together, and both you and your sponsor must satisfy the relevant requirements.
HOW RAMSDEN LAW CAN HELP
Applying for a Partner visa involves detailed evidence requirements and two linked applications, which can feel overwhelming to navigate alone. With offices in Brisbane, the Gold Coast, Sydney and Melbourne, our migration and immigration lawyers have significant experience assisting couples through the Offshore Partner Visa (subclass 309/100) process. We understand how much this step means to couples building their future together in Australia.
We can assist with:
- Advising you on the requirements and process for both the sponsorship and main visa application
- Preparing a tailored document checklist outlining exactly what evidence is required for your circumstances
- Collating and reviewing your supporting documentation
- Preparing detailed submissions to the Department of Home Affairs addressing each visa requirement and the evidence provided
- Preparing and lodging your visa application, sponsorship application, and supporting evidence
- Providing ongoing advice on lodgement status, your obligations, and current processing times
Contact us today to discuss your circumstances and find out how we can help you and your partner navigate the Offshore Partner Visa process.
FREQUENTLY ASKED QUESTIONS
What Is the Difference Between the Subclass 309 And Subclass 100 Partner Visa?
The subclass 309 is a temporary visa that lets you live in Australia with your partner while your permanent residency application is assessed. The subclass 100 is the permanent visa, generally granted around two years after you first lodge your application, provided you still meet the relationship and other requirements.
Can I Apply for an Offshore Partner Visa If I'm In a De Facto Relationship Rather Than Married?
Yes. You can apply as a de facto partner, but you generally need to show you have lived together for at least 12 months before lodging the application. Some exemptions apply, such as if your relationship is registered under Australian state or territory law.
Do I Need to Be Outside Australia to Apply for the Subclass 309/100 Visa?
Yes. The subclass 309/100 is an offshore visa, which means you must be outside Australia when you lodge your application. This differs from the onshore Partner visa (subclass 820/801), which is lodged while the applicant is in Australia.
What Evidence Is Required for an Offshore Partner Visa Application?
You will need evidence covering your financial ties, social recognition as a couple, shared household, and mutual commitment. This evidence needs to demonstrate that your relationship is genuine and continuing, and that you are not related by family.
Who Completes the Sponsorship Application for a Partner Visa?
Your partner, who must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen, completes the sponsorship application. This is a separate but linked application that is assessed alongside your main visa application.
How Long Does the Offshore Partner Visa Process Take?
Processing times vary depending on individual circumstances and are set by the Department of Home Affairs. Our team can advise on current estimated processing times and keep you updated on your application’s progress throughout the process.
