Offshore Partner Visa
An offshore partner visa aims to provide a solution for applicants who reside outside of Australia and wish to live with their partner who is either a permanent resident, Australian citizen, or eligible New Zealand citizen. This visa must be lodged while the applicant is offshore (not in Australia). Once granted, the offshore partner visa holders will be granted permission to live in Australia as permanent residents.
Love knows no boundaries, and neither do we.
No matter where you’re from, our team is dedicated to helping you and your partner achieve your dreams of a life together in Australia.
Offshore Partner Visa Requirements
The applicant will need to meet the requirements for the visa application to be successful. Since this is an offshore application, it must be lodged while you are outside of Australia. You must also be outside of Australia when the visa is granted.
The applicant must demonstrate that they are in a de facto or spousal relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
For a de facto relationship, the following requirements must be met:
- The relationship must be genuine and continuing.
- The relationship must be ongoing for at least 12 months unless certain exceptions apply.
- The couple live together or do not live separately and apart on a permanent basis.
- There is a mutual commitment to a shared life in exclusion of all others.
How It Works
1. Temporary Partner Visa 309
This visa will allow the holder to stay and remain in Australia until the person is granted the permanent partner visa (subclass 100). During the processing time of their subclass 309, they will not be granted any bridging visa to wait in Australia. That is, inmost cases, they will need to wait outside of Australia.
2. Permanent Partner Visa 100
The subclass 100 is generally assessed after 2 years from the date of the visa application lodgement date. This stage can sometime be granted at the same as the subclass 309 if it is assessed that the applicant and the sponsor are in a long-term relationship at the time of the visa application.
This visa subclass is a permanent visa and will allow the holder to remain in Australia indefinitely. They can also apply for Australian citizenship when eligible.
Love knows no boundaries, and neither do we.
Our experienced team are willing to assist you in compiling all necessary documentation and navigating the complexities of the application process. We will ensure that your application is thorough, compelling, and stands the best chance of success.
Partner Visa Requirements for Sponsors
Individuals who are Australian citizen, permanent resident, or eligible New Zealand citizen maybe eligible to sponsor an applicant for an offshore partner visa unless they are prevented by the following limitations:
- Women who held a Woman at Risk visa (subclass 204)
- Sponsors who have previously sponsored their previous partner(s) on a partner or prospective marriage visa
- Sponsors with a history of a criminal record(s)
If any of these limitations apply to you, it doesn’t necessarily mean your application will be unsuccessful. We highly recommend seeking advice from an immigration lawyer or migration agent to devise a strategic approach for your case. Our team specialises in navigating through complex situations relating to all above limitations and more. Should you face ineligibility or rejection, please do not hesitate to contact us.
Partner Visa Character Requirements
The applicant themselves must satisfy the following criteria:
- The visa applicant must show that they pass the character test. As part of the application, the visa applicant must submit a police check from Australia and any other country where they have lived for more than 12 months.
Partner Visa Health Requirements
The applicant must satisfy health requirements. In some cases, there are waivers available for applicants who have health issues.
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Partner Visa Frequently Asked Questions
What is the processing time for the Partner visa?
Currently, the average processing time can be lengthy, even for the first stage (temporary partner visa). In some cases, it may take up to 2 years.
To speed up the process, the application must be accompanied by complete documents. This is called a decision-ready application. If there is missing evidence or incomplete supporting documents provided, it will cause a delay in the application.
How long do I need to wait before I get my permanent partner visa after the temporary is granted?
The permanent visa application can be considered 2 years after the visa application is lodged.
Can I sponsor my new partner if I have sponsored my ex-partner before?
Generally, someone can only sponsor 2 persons during their lifetime. Each sponsorship must be at least 5 years apart. However, the sponsor can request for these limitations to be waived, in some circumstances.
What happens if my relationship has broken down after my partner visa is granted?
If your relationship with the sponsor breaks down after your Partner visa is lodged, you may still be granted the permanent visa. There are provisions in the law that allow the visa holder to be granted a permanent partner visa. For example, if there is a minor child or domestic violence. Every case is assessed differently, and therefore you must contact your immigration lawyer or migration agent immediately if your relationship has ceased.
Unfortunately, if you lodged an offshore partner visa application, the subclass 100 visa cannot be granted to the applicant if the relationship ceased before the grant of the 309 visa.
What happens if my Partner visa subclass 309/100 is refused?
There is a merits review/appeal avenue available to the Tribunal, should your Partner visa application be refused by the Department of Home Affairs.
If my relationship breakdown after the visa is lodged, can I get a refund?
A refund from the Department is generally not available if the relationship breaks down. Also, for subclass 309 visa (offshore partner visa), you cannot be granted the subclass 309 visa if the relationship breaks down before the visa is granted. This is different from a subclass 820 visa.
Do I need to be in Australia when the Partner visa is granted?
You have to be outside of Australia when subclass 309 is granted. You can be anywhere in the world when your subclass 100 visa is granted.
Hear From Those We've Supported
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