AUSTRALIAN PARTNER VISAS
OFFSHORE 309 & 100
Australian Migration Law states you may be eligible for a partner visa if you are in a De Facto relationship or married to an Australian Citizen, Australian permanent resident or eligible New Zealand citizen.
To satisfy criteria for offshore partner visas the relationship should be genuine; the couple must show evidence they are in this for the long haul! Partner visas are available to both opposite sex and same sex couples. In some cases there are exemptions or waivers to the regulations depending upon your personal circumstances.
Understanding the complexity of migration law is paramount; we apply current migration law and regulations in relation to your individual circumstances to ensure a successful partner visa application.
No matter how complex your situation may seem, we offer REAL solutions.
THIS CATEGORY | Partner Visa For Two
Offshore Partner Visa | Subclass 309
Offshore Partner Visa | Subclass 100
PARTNER VISA AUSTRALIA
Am I Eligible To Apply?
A New Life & A New Chapter Together!
The offshore Partner visa (subclass 309/100) permits the holder to come in Australia with the intention to reside with their spouse or partner and start a new life. The initial temporary visa is a pathway to permanent residency in Australia.
Prior to lodgement of your partner visa in Australia, it is necessary to show evidence of your shared life together. Evidence such as, financial aspects, commitment to one another, shared living arrangements and social recognition of your relationship are essential criteria which should be met. As professionals in the field, the team at Visa Crew are qualified to advise and assist you throughout the whole visa process; from start to finish! We advise how you should to put together the evidence to demonstrate your commitment to each other.
12 Month Defacto
The 12-month cohabitation requirement for partner visas may be waived if the couple has the opportunity to registers their relationship in the State or Territory they reside in. Relationship registration is not available is All Australian states/territories. Do bear in mind however, if you register your relationship this may limit your options further down the line. Marriage will also grant you an opportunity to circumvent the 12 month defacto requirement.
If you do plan to get married or register your relationship, it is important that this event 'fits' into your relationship timeline; get this right and it will save you a lot of stress.
In some instances you may apply for 801 permanent visa without the obligatory waiting period. This exemption applies to applicants with children or if the couple have been together for quite some time; in a long term relationship.
For partner visas it is wise to plan in advance to ensure both the sponsor and applicant are eligible to make a successful visa application. As Registered Migration Agents we are aware of the process, criteria and good time management required to submit applications with the correct evidence & detail. For this class of visa we have 100% success rate; let us help you too!
At Visa Crew the team are qualified to advise you and manage your partner visa application. Call the team today!
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Subclass 309 /100 OFFSHORE Partner Visa Checklist
Below is a checklist of forms and evidence you may be required to include with your offshore visa application. The list is not exhaustive, however we will ensure you receive an up to date version taking into account the latest legislative changes.
Form 47SP Application for migration to Australia by a partner
Form 40SP Sponsorship for a partner to migrate to Australia
Form 80 - Character Assessment
(Ensure you use the latest & up to date forms)
Visa Application Charges - VAC
Online DoHA charges will incur additional fees when paying by card.
Invalid Charges could lead to the application being rejected
Certified copies of your passport
Two passport-sized photos
Certified copy of your birth certificate
National identity card (if applicable)
Certified copy of a name change (if applicable)
Certified copies of marriage or relationship registrations
Certified copies showing terminations of any previous relationships
Health and Character
Health identifier if required to undergo health examinations
Evidence of an Australian Federal Police National Police Check
Police certificates from any country you’ve lived for more than 12 months since turning 16
Evidence that your sponsor is an Australian citizen or permanent resident, or an eligible citizen of New Zealand
If your sponsor isn’t a citizen, evidence that they usually live in Australia (International Movement Record).
Evidence of relationship to include: photographs, relationship statement, Statutory declarations, joint lease agreements, joint bank accounts, joint utilities etc
Relationship Statements confirming how you met and your plans going forward.
OFFSHORE Partner Visa | Subclass 309/100
Most popular visa when your partner/spouse is outside Australia. The application usually involves a two stage process. Initially the applicant applies for temporary subclass 309 visa. Upon grant the holder can travel to Australia an reside with their Australian sponsor. The permanent, final stage subclass 100 visa will be decided by the department.
Partner Visa | Sponsor
An Australian Citizen, permanent resident or eligible New Zealand resident is required to sponsor the applicant. The applicant must be outside Australia when making an application for this visa.
Sponsor is required to meet character criteria & provide AFP police clearance certificate at a minimum.
• Live, work or study in Australia
• Dependent children may be included
• Open to same sex & opposite sex couples
• Applicant must be outside Australia
• 12 Month DeFacto relationship
• Relationship registered with State or Territory
• Police Clearance certificate
• Friends or relatives statutory declaration
• Medical assessment
Australian Partner Visa Options
Is this offshore partner visa not for you? Do not worry, we have the perfect Visa For Two!
All visas in the Australian Immigration program are open to the LGBT community including partner & marriage visa options.
Clink on the images below to access more information on the following Partner Visas options available in the Australian visa program.
PARTNER VISA AUSTRALIA
FAQ | Frequently Asked Questions
Below is a selection of our most frequently asked questions about Offshore Partner Visas Applications In Australia. The topics and answers are general in nature and should not be regarded as specific to your circumstances. Always speak with a Professional & Registered Immigration Consultant.
Contact Visa Crew if you cannot find the answer to your query here!
Q Who May Apply For Offshore Partner Visa?
You may be eligible to apply for an offshore Partner visa 309/100 if you can satisfy the requirements which includes the following:
• Applicant must be over 18 years of age
• You both have been together for 12 months or more to satisfy DeFacto criteria
• DeFacto requirement may be waived if the relationship is registered
• Married Couple - Marriage must be recognised under Australian Law
• Relationship should be genuine and continuing
• Mutual commitment to a shared life - to the exclusion of all others
• Shared life including financial & social commitments
• Health and character requirements
Q What Is The Difference Between Onshore or Offshore Partner Visas?
Main difference between these visa types is where the applicant should be located when the papers are lodged with the department of immigration.
• Onshore Partner Visa: Applicant must be in Australia - Subclass 820/801
• Offshore Partner Visa: Applicant must be outside Australia - Subclass 309/100
Potentially, the visa application will be rejected if the above requirements are not met.
Q Is My Partner Eligible To Sponsor Me?
Visa sponsor must be over 18 years of age. To be eligible the sponsor should meet one of the following criteria.
• An Australian Citizen
• An Australian Permanent Resident
• An eligible New Zealand Citizen
There are limitations in regard to sponsors for Partner Visa. Please call us for detailed information.
Q What Are Dept Processing Times?
Partner visa applications processing times tend to vary, at present the wait time has increased probably due to staff shortages at DHA processing centres.
Quality of the evidence, submission documents and correct, logical filing will influence how quick the department finalises you visa application.
Unfinished and incomplete documents add to the frustration of the case officer; these applications usually take longer to process or may be rejected. In limited circumstances applicants qualify for expedited decisions - Ask Us How
Q We Are A Same Sex Couple, May We Apply?
Offshore Partner Visas are open to gay/same sex/LGBTIQ couples. Defacto criteria should be satisfied in order to lodge a successful visa application.
Australian Federal Law now recognises gay marriage and civil unions. Same sex couple who are married are not required to provide 12 month defacto evidence.
Q Does The 309/100 Visa Allow Me to Work?
When a Partner visa is granted there are many benefits to the holder:
• Apply for Australian Citizenship
• Unrestricted work rights in Australia
• Study in Australia
• Travel abroad - 5 year travel rights
• Include dependent children or family members
• Enrol in Medicare
• Sponsor other family members to work in Australia
Q My 5 Year Travel Rights Have Expired?
At subclass 100 visa grant stage you automatically become A Permanent Resident of Australia. This comes with 5 year travel rights from date of visa grant. If your 5 year period has expired or is about to expire you may be eligible for following options:
• Apply for Australian Citizenship
• Resident Return Visa (RRV)
If your 5 year travel rights is close to expiry please ensure you make necessary arrangements before you depart Australia. You may have difficulty returning to Australia if your travel rights have expired.
Q What Are Department Application Charges?
DoHA application charges for309/100 offshore parter visa as follows:
• VAC | $7715 | Primary Applicant
VAC - Visa Application Charges are generally increased at the start of each financial year.
Q We Want To Make Our Own Partner Visa Application, Can We Do This?
Yes, you can make your own visa application with your partner/sponsor, if you feel competent. There are resources online to assist you; a good place to start is the Government DHA website:
Keep an eye on the website for changes to the law and regulations, it is important your Partner Application is up to date with any legislative amendments.
Call Visa Crew if you are unsure.
Q How Long Is The Visa Valid For?
Offshore 309/100 Partner visas are permanent visas - the applicant (if successful) will be granted full residency in Australia; with 5 year travel rights.
Q We Are In DeFacto Relationship But Mostly Live Apart?
It is not necessary for grant of visa that you must have lived together the whole time. It is important howevere you set out why you have been living apart and this would not be the intention, long term.
Good & accurate evidence is required with your application to ensure the Department understands your circumstances.
Q We Have Questions About Prospective Marriage Visa?
Subclass 300 Prospective Marriage Visa is applicable to offshore applicants. Please go to our dedicated Prospective Marriage Visa page for more details: Click HERE
Q We Plan To Register Our Relationship?
This may be an option to demonstrate commitment in your relationship. Be mindful however, this may also limit your options going forward. Call us for advice prior to registering your relationship or getting married.
Q 2020 | What Is New About Partner Visas?
2020 - Sponsor to be approved in advance of Visa application
2020 - Government Visa Charges Increase - October2020
Q What Bridging Will I get When Applying For Offshore Partner Visa?
As this is an offshore visa application; a bridging visa will not be issued. The applicant (in most case) will be offshore when making an application.
Q My Current Visa Has An 8503 Condition, Can I Apply For Partner Visa?
Offshore applicants are not restricted by 8503 condition.
Q We Intend to Get Married, Am I Eligible To Apply For An This Partner Visa?
An intention to get married will satisfy criteria for this visa, however the marriage must take place before visa grant.
Q My Previous Visa Was Cancelled, Am I Ok To Make A Partner Visa Application?
Previous visa cancellation or refusals are referred to as "s48 Bar' and only applies to onshore applicants. This s48 bar, will not prevent offshore applicants making further visa applications.
You will need to provide an explanation of your previous cancellation or visa refusal.
More information s48 BAR
Q Can I Apply For 309/100 Visa At The Same Time?
Yes! The regulations allow for a combined partner visa application for subclass 309/100. This will save you time, money and much stress.
Q Our Previous Partner Visa Application Was Refused?
Offshore applicants are not barred from making further visa applications. In some cases a decision to refuse your application may be appealed to the AAT.
Q Can I Include My Family Members?
Yes you may include eligible family dependents in your partner visa application.
Q Do I Need To Complete A Health Assessment?
Yes. You must complete a health assessment. You will be advised of this requirement by your migration agent. You must arrange the health assessment with a DoHA provider and present your HAP ID.
Family members whether they are migrating with you or not may also be required to undergo a health assessment.
Q Do I Need To Provide Biometrics?
You may be required to provide biometrics such as: fingerprints, facial recognition, voice, iris scan etc. The test is conducted in your home country.
Q I Am Subject To Family Violence But My Visa Is Not Decided?
An applicant can seek protection under Australian Law if you are in Australia. In most cases you may be eligible for visa grant even if you no longer reside with the sponsor.
Contact us for urgent advice.
Q We Have More Questions About Partner Visas?
Call us anytime! Each day people like you turn to us for expert advice. No matter how complicated your case may seem we offer real solutions, customised to your situation!
Obtain police certificates from a reputable service provider. Third party police certificates may be rejected by Australian Immigration.