Offshore Partner Visa

The Offshore Partner Visa (Subclass 309/100) allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. This visa is processed in two stages, starting with the temporary Subclass 309 visa and leading to the permanent Subclass 100 visa. Here’s a detailed guide to help you understand the process, requirements, and benefits of the Offshore Partner Visa.

What is the Offshore Partner Visa?

The Offshore Partner Visa is intended for individuals who are outside Australia and wish to join their partner in Australia. The application is lodged and processed while the applicant is overseas, and it allows them to move to Australia once the temporary visa is granted.

Temporary Partner Visa (Subclass 309)

The first stage of the process is the temporary Subclass 309 visa. This visa allows you to:

• Stay in Australia until a decision is made on your permanent visa (Subclass 100)
• Work and study in Australia (without access to government funding for tertiary education)
• Enroll in Australia's public healthcare scheme, Medicare
• Travel to and from Australia

Permanent Partner Visa (Subclass 100)

The second stage is the permanent Subclass 100 visa. This visa grants you:

• Permanent residency in Australia
• The right to work and study in Australia
• Access to Medicare and certain social security payments
• The ability to sponsor relatives for permanent residency
• Travel to and from Australia for five years
• Apply for Australian citizenship (if eligible)

Eligibility Criteria

To be eligible for the Offshore Partner Visa (Subclass 309/100), you must meet several criteria:

Relationship Requirements:

• Be married or in a de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen
• Provide evidence of a genuine and continuing relationship
• If married, your marriage must be legally valid under Australian law
• If in a de facto relationship, you must have been in the relationship for at least 12 months (unless there are compelling and compassionate circumstances)

Age Requirement:

• Both the applicant and sponsor must be 18 years or older

Health and Character Requirements:

• Meet health requirements by undergoing a medical examination
• Meet character requirements by providing police certificates from all countries where you have lived for 12 months or more in the past 10 years

Sponsorship:

• Your partner must be willing and able to sponsor you
• The sponsormust meet character requirements and provide evidence of their Australian citizenship, permanent residency, or eligible New Zealand citizenship

Application Process

Prepare Your Documents:

• Gather documents to prove your identity, relationship, health, and character
• Evidence of your relationship can include joint bank account statements, rental agreements, photographs, and statutory declarations

Lodge Your Application:

• Submit your application online through the Department of Home Affairs website
• Pay the visa application fee

Temporary Visa Processing:

• After submitting your application, you will need to wait for the temporary Subclass 309 visa to be processed while you remain outside Australia

Permanent Visa Processing:

• Once you have held the temporary Subclass 309 visa for at least two years, you can be assessed for the permanent Subclass 100 visa
• You may need to provide updated evidence of your continuing relationship

Processing times

Processing times for the Offshore Partner Visa can vary. Generally, the Subclass 309 visa takes 18 to 32 months, and the Subclass 100 visa takes 11 to 23 months. Factors affecting processing times include the completeness of your application and the demand for this visa category.

Benefits of the Onshore Partner Visa

• Reunification: Allows you to join your partner in Australia
• Work Rights: Grants full work rights in Australia
• Healthcare: Access to Medicare
• Pathway to Citizenship: Opens the door to becoming an Australian citizen