SUBCLASS 309/100 PARTNER VISA (Offshore)

The purpose of the Partner Visa is to allow the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to enter into or remain in Australia. The applicant is initially granted a temporary visa, and is eligible for permanent residency if the relationship still exists after a two-year waiting period.

PARTNER VISA SUBCLASS 309/100 REQUIREMENTS

Relationship

If your application is based on a marriage:

  • You must be legally married to an Australian citizen, permanent resident or eligible New Zealand citizen

If your application is based on a de facto relationship:

  • You must have been in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen for at least 12 months prior to lodging your application (unless there are compelling or compassionate circumstances) AND

  • you and your partner must both be at least 18 years old, and must not be closely related

In all cases:

  • you and your spouse/partner must be in a mutually exclusive relationship;

  • That relationship must be genuine and continuing

  • you and your spouse/partner must either live together, or live apart on a temporary basis only

Sponsor

Your sponsor must:

  • be an Australian citizen, permanent resident or eligible New Zealand citizen

  • not have previously sponsored more than one other fiancé, partner or spouse for migration to Australia, and not have sponsored a fiancé, spouse or partner for migration to Australia within the last 5 years (unless there are compelling circumstances)

  • not have been sponsored for a Spouse, Partner or Prospective Marriage visa by someone else within the last 5 years (unless there are compelling circumstances)

Important:

You must be outside Australia at the time your application is lodged, and when your visa is granted.

This visa, which is valid for a ‘stand-down period’ of approximately two years from the date of the application’s lodgement, allows you to enter Australia and remain there until your application for permanent residency has been decided by the DIBP.

While the visa is processing you can travel to Australia to visit your partner if you apply for and are granted a Subclass 600 Visitor Visa.

>