Offshore Partner Visas (Subclass 309 & Subclass 100)

The Offshore Partner Visa Program is a two-stage migration pathway that enables the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia with their partner.

The applicant must be outside Australia at the time of lodging the visa application. At the time of grant, the applicant may be inside or outside Australia.

The pathway is sequential:

• Subclass 309 (Temporary Partner Visa) – First stage
• Subclass 100 (Permanent Partner Visa) – Second stage, usually assessed 24 months from the lodgement of the combined application

The visa application charge is paid once at the time of lodging the Subclass 309 application. There is no additional visa application fee for the second stage (Subclass 100).

First Stage: Partner Visa (Subclass 309)

The Temporary Partner Visa (Subclass 309) allows an offshore applicant to enter and live in Australia while the Department continues assessing their relationship for the permanent stage.

What Subclass 309 Allows You to Do

With the temporary visa, you can:

• Live, work, and study in Australia while the Department examines your application
• Travel freely (no travel restrictions)
• Attend the Adult Migrant English Program (AMEP)
• Enrol in Medicare, Australia’s public healthcare scheme

Requirements for Subclass 309

The applicant and the sponsor must meet the following criteria:

• Both parties must be 18 years or older at time of application
• The applicant must be outside Australia when lodging the visa
• The couple must be married or in a de facto relationship with an eligible sponsor (Australian citizen, permanent resident or eligible New Zealand citizen)
• The applicant must meet the Department’s health and character requirements
• The applicant must not owe debts to the Australian Government

Important Notes

• There are no limitations regarding sexuality. Same-sex and opposite-sex couples are treated equally.
• The applicant may still be eligible for a visa if the relationship ends or the sponsor dies during processing (subject to Departmental assessment).

Second Stage: Partner Visa (Subclass 100)

Approximately 24 months after lodgement of the combined Subclass 309/100 application, the Department may assess the applicant for the Permanent Partner Visa (Subclass 100).

What Subclass 100 Allows You to Do

Once granted, the permanent visa enables the applicant to:

• Live, work and study in Australia indefinitely
• Sponsor eligible family members to migrate to Australia
• Apply for Australian citizenship if meeting the residency criteria

Requirements for Subclass 100

To be considered for the permanent stage:

• The applicant must hold Subclass 309
• Generally, 2 years must have passed since lodgement of the combined 309/100 application
• The applicant and sponsor must supply updated written evidence confirming the relationship is genuine and ongoing

Important Notes

• If the couple was in a long-term relationship, the Department may grant the permanent visa immediately after granting Subclass 309.
• In most cases, the applicant must still be married or in a de facto relationship with the sponsor.
• The applicant may remain eligible for Subclass 100 if the relationship ends or if the sponsor dies (subject to departmental assessment).

What the Department Considers “Married”

To satisfy the marriage requirement:

• The couple must be committed to each other and share their life
• The relationship must be exclusive, genuine, and continuing
• The couple must have lived together, or any periods apart must not be permanent
• The marriage must be legally valid

What the Department Considers “De facto”

A relationship is treated as de facto when all of the following apply:

• The partners are not married
• They are committed to each other and exclusive
• The relationship is genuine and continuing
• They live together, or have not lived apart for extended periods
• They are not related by family

The Department typically requires 12 months of a genuine de facto relationship unless an exemption applies.

Important Notes

• A temporary visa may still be granted if the relationship has broken down due to circumstances such as domestic violence, or if the sponsor has died
• An online-only relationship cannot meet the de facto requirement

What the Department Considers a “Long-term Relationship”

A relationship may be considered long-term if, at the time of application:

• The couple has lived together for 3 years or more, or
• They have lived together for 2 years and share a child

Where long-term criteria are met, Subclass 100 may be granted immediately after Subclass 309.

Need Assistance With Your Offshore Partner Visa?

If you require guidance on eligibility, relationship evidence, or documentary preparation for Subclass 309 or Subclass 100, we can assist.

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