Partner Visa (apply overseas) (Subclass 309 and 100)
If you’re considering applying for a Partner Visa (Subclass 309 and 100) from overseas, it’s important to understand the process and requirements. The offshore Partner Visa allows non-Australian spouses or de facto partners to live in Australia temporarily and eventually obtain permanent residency.
This article will guide you through frequently asked questions, helping you understand eligibility, required documents, and the steps involved in applying. With processing times and regulations varying, being well-prepared can save time and reduce stress during the application process.
Partner Visa (apply overseas) (Subclass 309 and 100) Key Details
• Partner Visa (Subclass 309) allows temporary residency while waiting for the permanent visa (Subclass 100).
• Applicants must prove their genuine relationship with an Australian citizen, permanent resident or ENZC.
• Key evidence includes financial, social, and household documentation.
• Processing times vary based on individual circumstances and document submission.
• Visa grants depend on relationship duration and other eligibility factors.
• You can include dependent children in the visa application.
• Health and character checks are mandatory.
• Permanent Visa processing usually occurs from two years after the initial application was submitted.
What is the Offshore Partner Visa (Subclass 309 and 100)?
The Offshore Partner Visa allows the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. The visa has two stages: the Subclass 309 (temporary visa) and Subclass 100 (permanent visa).
Applicants start with the 309 visa and, after two years, become eligible for permanent residency through the 100 visa if they continue to meet eligibility requirements.
This visa type is designed for those who are outside Australia when they apply.
Learn more about other types of partner visas here.Key Differences Between Subclass 309 and 100
The Subclass 309 visa is temporary, allowing you to live in Australia while your permanent Subclass 100 visa is processed. The key difference between the two is that Subclass 309 is the initial visa granted, and Subclass 100 gives you permanent residency status. The permanent visa is generally granted from two years after the initial application was submitted if you still meet the eligibility requirements.
Eligibility for an Offshore Partner Visa
To be eligible for the Subclass 309 and 100 visas, you must be married or in a de facto relationship with your Australian citizen, Permanent Resident or ENZC partner. The relationship must be genuine and continuing, and you must meet health and character requirements. It's important to submit evidence proving your relationship, such as joint financial statements and photos.
Offshore Partner Visa Processing Time
Processing times for the Subclass 309 and 100 visas can vary based on several factors, including the completeness of your application and the number of applications the Department of Home Affairs is processing.
Generally, it takes between 12 to 24 months. Once you receive your Subclass 309 visa, you'll become eligible for processing of the permanent Subclass 100 visa, usually from two years after submitting the initial application.
Processing times can be influenced by a range of factors, including how well your application is prepared, whether you submit all necessary documents, and if the Department requests additional information. Factors like the complexity of your case, any health or character concerns, and peak visa periods can also affect the timeframe.
Offshore Partner Visa Evidence
Strong evidence is critical for a successful application. You’ll need to prove the legitimacy of your relationship by submitting documents like joint bank statements, rental agreements, and travel history.
Partner Visa Evidence can include:
- Social Proof: such as photographs, text messages, and affidavits from friends or family. Social evidence might include invitations addressed to both of you or social media interactions.
- Financial Evidence: such as joint bank accounts, loans, or property ownership.
- Nature of your Relationship: evidence of your marriage or de facto relationship
- Nature of your household: including proof of shared living arrangements and future plans like marriage or starting a family.
Find out more about Partner Visa Evidence here.
Can You Work or Study While Waiting for a Visa Decision?
While waiting for your Subclass 100 visa, you are allowed to work and study in Australia if you have been granted the temporary Subclass 309 visa. This visa also gives you access to Australia’s public healthcare system (Medicare) and allows multiple entries into Australia during the waiting period.
What Happens After You Submit Your Application?
Once your application is lodged, the Department will review your evidence and conduct checks. You might be asked for additional documents or to attend an interview. After assessment, if you’re approved, you’ll be granted a Subclass 309 visa. You can then live and work in Australia while waiting for your Subclass 100 permanent residency visa.
Find out more about Permanent Partner Visa Processing.
Why Choose an Offshore Partner Visa?
Applying offshore is ideal if you and your partner are living overseas or need to remain abroad for an extended period. It allows you to continue your life abroad while your visa is processed, giving you the flexibility to move to Australia once the temporary visa is approved. You’ll have access to all the benefits of permanent residency once granted the Subclass 100 visa.
How much will my Offshore Partner Visa application cost?
When applying for a Partner Visa (Subclass 309/100), costs can add up. The current government application fee (from 1 July 2024) is AUD 9,095, but additional expenses may include police checks, medical assessments, and document translations. Depending on your circumstances, these costs can vary in price.
Legal assistance or migration agent services are also an option to help you navigate the process smoothly. For a personalized quote on professional assistance, request a free consultation today to understand the full cost involved.
Common mistakes to avoid
When applying for an offshore Partner Visa (Subclass 309/100), it’s easy to make mistakes that can delay processing. Common pitfalls include submitting incomplete evidence, not following up on requests for additional information, and missing deadlines for police checks or medical assessments. Additionally, make sure all documents are properly translated into English.
Being disorganized or failing to clearly show the genuine nature of your relationship can hurt your case. To avoid these issues, consider professional guidance. Request a free consultation to help ensure a smooth application process!
Can we help?
Applying for an offshore Partner Visa (Subclass 309 and 100) can feel complex, but with the right help, it doesn't have to be.
Whether you're at the start of your visa journey or gathering final documents, we’re here to help.
Book a free call with our Registered Migration Agents, download our free guide to partner visas or attend a free webinar for more insights on how to get your application right the first time.
Need more information?
For further information and to guide you through the Partner Visa (Subclass 309 and 100) application process, check out the following resources:
- Australian Department of Home Affairs: Official information about requirements, processing times, and application procedures.
- Free Partner Visa Guide: Download our comprehensive guide that breaks down the visa process in simple steps.
- Webinars & Free Calls: Attend a free webinar or book a free consultation with one of our migration experts to get personalized advice.
These resources can help you avoid mistakes and streamline your application!
Partner Visa (apply overseas) (Subclass 309 and 100) Frequently Asked Questions
The Subclass 309 Visa is a temporary Partner Visa allowing spouses or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia. This visa is the first step towards obtaining permanent residency through the Subclass 100 Visa. Applicants must be outside Australia when applying. Processing times can vary based on the completeness of the application and additional factors.
The Subclass 309 Visa is the temporary stage, while the Subclass 100 Visa grants permanent residency. Applicants must apply for both visas simultaneously, and once the 309 Visa is granted, they can live in Australia. After two years of holding the 309 Visa, applicants may qualify for the Subclass 100 Visa if their relationship is still ongoing, providing them with permanent residence rights in Australia.
Yes, once your Subclass 309 Visa is granted, you can live and work in Australia while waiting for your Subclass 100 permanent residency. This visa allows full working rights, meaning you can seek employment in any sector. It's a great benefit as it enables you to support your partner and begin contributing to your household as soon as you arrive in Australia.
The primary eligibility requirements for the Subclass 309 Visa include being in a genuine and ongoing relationship with your Australian partner, meeting health and character criteria, and demonstrating your relationship history through financial, social, and other forms of evidence. You and your partner must both be over 18, and you should apply from outside Australia.
Processing times for the Subclass 309 Visa can vary depending on individual circumstances, the complexity of the case, and the volume of applications being handled by the Department of Home Affairs. On average, processing can take between 12-24 months. However, delays can occur if additional documentation is requested, so it’s important to provide a complete and thorough application upfront.
If you’re waiting for a decision on your Subclass 309 Visa application, you can still apply for a tourist visa or other short-term visas to visit Australia. You can be inside or outside Australia when the Subclass 309 visa is granted. If you enter Australia on a tourist visa, it’s essential to understand the conditions and limitations, as it does not provide work or long-term residency rights.
Evidence for the Subclass 309 and 100 visas typically includes financial documents, social proof (such as photos, invitations, and joint activities), proof of living arrangements, and statements from both you and your partner about the nature of your relationship. Providing as much detailed evidence as possible will increase your chances of a smooth application process.
