You may be eligible for a Partner visa even if you reside outside of Australia if you are married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or an eligible New Zealand citizen.
The offshore Temporary Partner visa (subclass 309) allows you to:
If you are granted the offshore Permanent Partner visa (subclass 309), you can:
Difference between this visa category and the Partner visa (subclasses 820 and 801)
The 309 and 100 visa subclasses are similar to the 820 and 801 visa subclasses, including granting similar rights if the applicant is successful. The main difference is where you must be located in order to apply for the visas. You must be outside of Australia in order to apply for and be granted the offshore 309 visa (whereas you must be inside of Australia to apply for and be granted the onshore 820 visa, and the onshore 801 visa if you apply for it directly).
If you have obtained a 309 visa and are eligible for the corresponding 100 permanent visa, you can be inside or outside of Australia in order to be granted the 100 visa. However if you apply for the 100 visa directly, you must be outside of Australia in order to apply for and be granted the visa.
The offshore visa is also a two-stage process, as with the onshore Partner visa.
A Partner visa usually involves two stages: an application for a temporary Partner visa, and later being considered for a permanent Partner visa. The temporary Partner visa application is also an application for its corresponding permanent Partner visa, and the applicant pays one visa application charge to the Department of Immigration.
Please note you may be eligible to be granted a permanent Partner visa:
In order to sponsor you for a Partner visa, your partner must be an:
Your partner must usually be over 18 years of age.
Please note that there may be some limitations on your partner’s eligibility to sponsor you depending on their circumstances, particularly if they have previously sponsored or been sponsored by someone for a Partner visa. We recommend that you contact us in relation to your partner’s eligibility to sponsor you for a Partner visa.
You may be eligible to be granted a 309 Partner visa if you can show:
Please note that the above list is not exhaustive and other criteria may apply. Please consult us for more details.
You are able to include family members in your Partner visa application if they satisfy particular criteria. Please consult us for more details.
Genuine and continuing requirement
Most of our enquiries are in relation to meeting the test to show that the relationship is genuine and continuing. There are many aspects to this requirement and this is where most Partner visa applications to the Department of Immigration fail. We strongly recommend that you seek legal advice before you lodge your Partner visa application to ensure that you satisfy the requirements prescribed by the Migration Act and regulations.
The Department of Immigration closely scrutinises Partner visa applications to ensure that they meet the legal requirements for the visa. Failure to do so risks visa refusal as well as significant wasted time and costs for you and your partner. Our experienced Solicitors and Registered Migration Agents can assist you with some of the main issues that arise when applying for a Partner visa including:
Once you are granted a temporary Partner visa, we can also inform you of changes to immigration law and policy once you are eligible to apply for a permanent Partner visa.
How we can help with a permanent Partner visa application
You may be eligible to granted a permanent Partner visa:
We have extensive experience in obtaining temporary and permanent Partner visas for people in a married or de facto relationship.
For quality, friendly and efficient advice regarding a Partner visa application, please do not hesitate to contact one of experienced Immigration Lawyers and Registered Migration Agents today.
This page provides a summary of the 309 and 100 visa as at May 2015. Australian immigration law is complex and it changes frequently. We therefore recommend that you contact us to confirm the requirements for a temporary and permanent Partner visa and consult with one of our Solicitors and Registered Migration Agents.