Offshore Partner Visa Subclass 309/100
What is the Offshore Partner Visa?
The Offshore Partner Visa (Subclass 309/100) allows spouses or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia. The process begins with the Subclass 309 (Provisional Visa), which is temporary, followed by the Subclass 100 (Permanent Visa) once specific criteria are met.
At Kris Ahn Lawyers, we provide expert guidance to help you navigate the complex requirements of the offshore partner visa process, from eligibility assessment to the final visa grant, ensuring a smooth and successful experience.
Key Features of the Offshore Partner Visa
Live, Work, and Study
The Subclass 309 Visa allows you to live, work, and study in Australia while waiting for the Subclass 100 permanent residency visa.
Pathway to Permanent Residency
Once you meet the necessary requirements, you can apply for permanent residency under the Subclass 100 Visa.
Continuing relationship
This visa enables you to be reunited and live with your partner in Australia.
Future Citizenship
After obtaining the Subclass 100 Visa and meeting residency requirements, you may be eligible to apply for Australian citizenship.
Eligibility Requirements
When applying for the Offshore Partner Visa (Subclass 309/100), there are certain requirements you must first meet:
Genuine Relationship
You must be in a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen (as a spouse or de facto partner).
Age Requirement
Both you and your partner must be 18 years or older.
Residency
You must apply for the Subclass 309 visa while outside Australia.
Determining eligibility for any visa is an in-depth process that requires an assessment of your immigration history and circumstances. Where you have a visa refused or cancelled while in Australia, or if your last visa you’ve held has expired, you are required to provide statements to the Department addressing these issues. These statements require legal assistance. Please contact our office to discuss further.
Two Stage Process
The Offshore Partner Visa is a two-stage process:
1
Temporary Visa (Subclass 309)
The Subclass 309 Visa is a temporary visa that allows you to live in Australia with your partner while waiting for the decision on your Subclass 100 permanent residency visa.
2
Permanent Visa (Subclass 100)
After lodging the Subclass 309 Visa for two years and provided your relationship remains ongoing, you can apply for the Subclass 100 Visa, which grants permanent residency in Australia.
Relationship Evidence
To prove that your relationship is genuine and ongoing, you are required to evidence your relationship against four pillars:
Financial Evidence
Evidences the financial aspect of your relationship. Some examples can include joint bank account statements or joint loan documents.
Social Evidence
Evidences the social aspect of your relationship. Some examples can include photos of your relationship or joint invitations.
Household Evidence
Evidences the household aspect of your relationship. Some examples can include joint lease or joint utility bills.
Mutual Commitment
Evidences the commitment aspect of your relationship. Some examples can include relationship statements or wills.
It is important to note that no two relationships are the same, so the evidence provided by each couple will vary. If you’re unable to provide evidence for a particular pillar, our team will assist you in gathering sufficient proof through other pillars.
The Application Process
Here’s a breakdown of the application process for the Offshore Partner Visa (Subclass 309/100):
1
Gather Documentation
Collect evidence of your relationship, identity documents, health checks, police clearances and other requirements where applicable.
2
Lodge the Application
Submit the application for the Subclass 309 Visa while outside of Australia.
3
Health and Character Checks
Complete any necessary medical exams and submit police clearance certificates from all countries where you have lived for 12 months or more over the last 10 years.
4
Await Decision
You will receive a decision on the Subclass 309 Visa, and if you are outside of Australia when the visa is granted, you will need to enter Australia within the specified time.
5
Permanent Residency Application (Subclass 100)
After 2 years of lodging the Subclass 309 Visa and meeting the ongoing relationship requirements, you may be able to lodge your application for the stage 2 Subclass 100 Visa.
Application Fees
When applying for the Offshore Partner Visa (Subclass 309/100), the following fees may apply:
Visa Application Fee
AUD 9,095 for the primary applicant
Additional Applicants (18+)
AUD 4,550
Additional Applicants (Under 18)
AUD 2,280
Health Checks and Police Clearances:
Additional costs for medical exams and police checks.
Document Translations:
If applicable, fees for translating documents not in English apply.
Common Mistakes to Avoid
Incomplete Documentation
Ensure that all documents are submitted correctly to avoid delays or refusal.
Insufficient Relationship Evidence
Make sure you submit comprehensive and strong evidence to prove your relationship is genuine and ongoing.
Meet lodgement eligibility requirements
It is critical you are aware of your immigration history and circumstances before you lodge your visa.
How Can We Help?
At Kris Ahn Lawyers, we provide personalised guidance through the entire Offshore Partner Visa (Subclass 309/100) process. With expertise in complex cases and a high success rate, we ensure that your application is well-prepared, increasing your chances of approval and making the process stress-free.
Frequently Asked Questions
What happens if my relationship ends while my visa application is being processed?
If your relationship ends during the visa process, you may still be eligible for the visa in specific circumstances, such as having children together or experiencing family violence.
Do I need to apply separately for the 309 and 100 visas?
No, you apply for both visas at the same time, and once eligible, you may prepare and submit your 100 visa application. You will be required to provide updated evidence of your relationship from the time your 309 visa was granted.
Can I include my children in my partner visa application?
Yes, you can include your dependent children in your Subclass 309/100 Visa application.
What happens if my visa application is refused?
If your visa application is refused, you may have the option to appeal the decision through the Administrative Review Tribunal (ART).
Do I need to be outside of Australia when my visa is granted?
No, you can be outside of Australia or in Australia when the Subclass 309 visa is granted.
