309/100 Offshore Partner Visa
Overview of Subclass 309 Offshore Australian Partner Visa
The Subclass 309 visa is designed for applicants whose partner is an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen. The couple must be either legally married or in a de facto relationship for at least 12 months (including both opposite-sex and same-sex partners). At the time of application, the applicant must be outside Australia.
If the applicant holds a Subclass 309 visa and maintains a genuine relationship for two years after its approval, they may apply for the Subclass 100 (Permanent) Partner Visa. However, additional supporting documents must be provided, and approval is subject to assessment by the immigration department—the Subclass 100 visa is not granted automatically.
Eligibility Criteria for Subclass 309 Offshore Australian Partner Visa
Basic Requirements
When applying for the Subclass 309 visa:
- The applicant must be outside Australia at the time of application.
- The sponsor (partner) must be an Australian citizen, a permanent resident, or an eligible New Zealand citizen. (Eligible New Zealand citizens generally hold a Special Category Visa Subclass 444 and meet long-term residency requirements in Australia.)
Additionally, the applicant must meet the following conditions:
- Both partners must be at least 18 years old.
- The relationship must be genuine and ongoing throughout the application process.
- The applicant must satisfy health and character requirements.
Marriage and De Facto Relationship Requirements
- Married Applicants: The marriage must be legally recognized under Australian law. If the marriage took place overseas, it must comply with Australian legal standards.
- De Facto Relationship Applicants: The applicant and their sponsor must have been living together in a genuine de facto relationship for at least 12 months before applying. Dating or short-term cohabitation does not qualify. Sufficient evidence must be provided to demonstrate the authenticity and continuity of the relationship.
Exceptions to the 12-Month De Facto Relationship Requirement
If the couple has not lived together for 12 months, they may still apply for the Subclass 309 visa if they meet one of the following criteria:
- They have a shared parental responsibility for a child and can provide supporting evidence (e.g., joint custody arrangements).
- Their de facto relationship existed before the sponsor was granted an Australian humanitarian visa.
- They have registered their de facto relationship in an Australian state or territory where registration is recognized (Victoria, Tasmania, New South Wales, Queensland, and the Australian Capital Territory).
309 Offshore Partner Visa Sponsorship Requirements
- The sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen;
- The couple must be legally married or in a de facto relationship at the time of application;
- The sponsor must be at least 18 years old;
- A person cannot sponsor a partner if:
- They are not an Australian citizen, permanent resident, or eligible New Zealand citizen;
- They have previously sponsored two other partners for migration to Australia;
- They have sponsored another partner within the past five years;
- They were themselves sponsored as a partner within the past five years;
- In exceptional circumstances, sponsorship may still be approved, such as:
- A previous partner has passed away or abandoned the relationship, leaving young children behind;
- The relationship is long-term (five years or more);
- The couple has children who depend on both partners.
Since 2021, partner visa sponsors who are permanent residents (not Australian citizens) must meet English language requirements (IELTS 4.5 or equivalent), and applicants must pass a language test within 12 months before applying.
Transition from 309 Temporary Visa to 100 Permanent Visa
- First stage: The applicant is granted a 309 temporary partner visa, which is valid for two years.
- Second stage: After two years, if the relationship is still ongoing, the applicant can apply for the 801 (onshore) or 100 (offshore) permanent partner visa. Generally, no financial sponsorship is required, but the case officer may request additional evidence.
Applicants may directly obtain the 801/100 permanent visa if:
- The couple has been in a committed relationship for at least three years;
- The couple has been in a committed relationship for at least two years and has a child together.
309/100 Partner Visa Processing Time
- First stage (309 visa): 12-24 months;
- Second stage (100 visa): 6-8 months.
309/100 Partner Visa Application Fees
- Main applicant: AUD 7,850
- Additional applicant aged 18 or over: AUD 3,930
- Additional applicant under 18: AUD 1,965
Note: The above policies and fees are subject to the latest updates from the Australian immigration authorities.