Offshore Partner (Subclasses 309/100)

Overview

These visas allow you to live and settle in Australia if you are the partner of an Australian citizen, permanent residents, or eligible New Zealand citizen.

The application process has two stages. You would need to make a combined application for a temporary partner visa and a permanent partner visa at the same time.

The temporary visa (subclass 309) will be processed first, and applicants become eligible for the permanent visa (subclass 100) 2 years later.

If you have a long-standing relationship (3 years, or 2 years if you have a child together), you may be granted the permanent visa immediately.

This may be the right visa for you if:

What You Can Do & How Long You Can Stay

The subclass 100 visa is a permanent visa. The subclass 309 visa is a temporary visa lasting until the permanent visa is finalised.
You can travel to and from Australia multiple times.
You can live, work and study in Australia whilst on these visas.
You can access Medicare whilst on these visas.
You can apply for a permanent visa two years after applying for the temporary visa.
You can include your dependent child in your application.

Limitations and Important Things to Know

You must be outside Australia to apply for this visa.
You cannot change your sponsor. The sponsor for your temporary visa must remain your sponsor until the permanent visa is granted.
You may be refused this visa if a member of your family unit cannot meet health or character requirements, even if they are not accompanying you to Australia. This is known as the “One Fail, All Fail” rule.
Usually, you will not be eligible for a Bridging Visa to remain in Australia while waiting for the temporary visa to be processed.

If you are worried about encountering issues or restrictions when applying for this visa, we may be able to help. Please contact us for more information.

As part of the specific visa requirements, you may have to:

Be over 18
Be sponsored by your partner, who must be an Australian citizen, permanent resident or eligible New Zealand citizen
If you are not married to your partner, have been in a de facto relationship for at least 12 months (this can be waived if you have registered your relationship with a State or Territory, or there are compelling and compassionate circumstances).
Demonstrate that your relationship is genuine and continuing
Supply strong evidence with the application.