SUBclass 309/100

offshore partner visa

what is subclass 309/100?

A Subclass 309/100 Partner Visa (Offshore) is intended for a partner or spouse of a Australian citizen, permanent resident or eligible New Zealand citizen – who is currently outside of Australia to live and work in Australia. That being said, this is a 2 stage process where the Subclass 309 is a temporary visa and Subclass 100 the permanent stage as and when the applicant becomes eligible to apply.

Requirements

Committed / de facto relationship

The sponsor and the applicant must be considered to either be in a strongly committed or de facto relationship.

age

Applicant and sponsor has to be above the age of 18 when they apply if they are married then it will be recognised by Australian law.

health & character

Applicant and sponsor must meet all health and character assessment required. Deviations will need to be addressed.

main criteria to proof relationship

nature of household

This is usually proven by the domestic arrangements and shared responsibilities within the household.

financial aspects

This includes joint ownership of assets such as joint bank accounts and co-owned property.

social context

The relationship needs to be generally accepted and recognised by common friends and family.

nature of commitment

Knowledge of each other’s personal circumstances, intention that the relationship is long-term.

What benefits are you entitled?

Successful applicants and holders of Subclass 309 Prospective Marriage Visa will enjoy the following privileges and benefits:

study rights

Holders of the Subclass 309 Offshore Partner Visa (Temporary) will have the ability to attain full study rights in Australia.

work rights

Holders of the Subclass 309 Offshore Partner Visa (Temporary) will have unrestricted work rights in Australia.

permanent residency pathway

If granted a Subclass 309, holder may come into Australia and apply for permanent residency when they become eligible in 2 years.

medicare benefits

Holder of this visa will be entitled to enrol in Medicare for health care an related expenses – this is of limited until you have received permanent residency

what if you are no longer with your partner?

Usually, a holder of a Subclass 309 will be eligible for permanent residency under the Subclass 100 upon 2 years of initial application – which is dependent on a continuous relationship. In the circumstances that you are currently no longer still committed, there several exemptions that may apply to you in order to still attain permanent residency. You may do so if the following applies to you.

death of sponsor

Your relationship has ended because your sponsor has passed away.

domestic violence

Your relationship has ended and there was domestic violence involved.

children from relationship

Your relationship has ended but both parties share children together.

We simplify the process for you.

We believe that everyone deserves the right to be with their partners – and their immigration status should not stop you. That is the reason why our team is dedicated to preparing the best applications to help you bring them here to be with you. We work closely with you and your family to get the best outcome. Always.

Contact Us

Don’t risk a refusal by applying for your Subclass 309/100 Offshore Partner Visa without the right advice. Find out everything you need to know before deciding your next course of action. Fill in your details and a member of the Think Visa team will contact you to understand your circumstances.