309 Visa Temporary Partner (Offshore)

Visa Overview 

The Subclass 309 offshore partner visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. 309 visa is a 2 stage partner visa. The first stage, subclass 309, is a temporary visa the applicant and their sponsor must lodge while the main applicant is outside Australia. If granted, the visa holder can enter Australia while waiting for the second stage visa subclass 100. Subclass 100 is a permanent visa granted to the main applicant provided that they prove their continuing commitment with their partner.

Partner/De Facto Relationship Main Criteria

• Nature of Household

  • This criterion is proven by the couple’s domestic arrangement and shared responsibilities within the household.

• Financial Aspects

  • These are the joint ownership assets such as joint bank accounts and co-owned property. This criterion is proven with bank statements and utility bills addressed to the same residence.

• Social Context

  • The couple’s relationship should generally be accepted and recognised by common friends and family members. This criterion is proven by statutory declarations and evidence of joint participation in activities.

• Nature of Commitment

  • This criterion includes the couple’s knowledge of each other’s circumstances and long-term intention in their relationship.

Sponsorship Criteria

To be eligible to become a sponsor for Subclass 309/100 visa applicant(s), the following sets of criteria must be met:

The sponsor must be at least 18 years old and is either:

• an Australian citizen; or

• an Australian permanent resident; or

• an eligible New Zealand citizen.

How It Works

If you are married to, or you are in a de-facto relationship with, an Australian citizen or permanent resident, or an eligible New Zealand citizen, and you are located offshore, you may consider applying for a partner visa 309 as a potential pathway to permanent residence in Australia.

The application involves a 2-step process, whereby you are required to lodge a combined application for a temporary visa (Subclass 309) and a permanent visa (Subclass 100 visa) at the same time. 

You will first be assessed for the temporary subclass 309 visa and, if granted, it will allow you to enter and reside in Australia whilst Immigration processes your application for permanent residence.

The combined subclass 309/100 application must be lodged from offshore, and you must also be outside Australia at the time of grant of the temporary visa. For grant of the subclass 100 visa, you can be located either in or outside Australia.

Two years following lodgement of your application, you will be assessed for the subclass 100 visa. If your application is successful, you will be granted permanent residence in Australia. Note that as part of its assessment of your subclass 100 visa application, Immigration will confirm whether you continue to meet the visa grant requirements for the partner visa. One important aspect of this assessment is whether you remain in a married or de-facto relationship with your Australian partner.

Costs

Subclass 309/100 Department Fees

Application (includes PR visa 100): $7850
Additional applicant Charge 18+ yrs old: $3930
Additional applicant Charge -18 yrs old: $1965

Other expected costs

You are also likely to incur other costs, in addition to the visa lodgement fee, as part of the application process. The amount of these costs will depend on your individual circumstances.

Other costs may include the following:

• Medical examinations, specialist fees, and any associated additional costs where issues are identified

• Character checks (costs and requirements will depend on the county for which you apply)

• Translating original documents where they are not in English

• The above is not an exhaustive list and you may incur other costs that are specific to your case.

Accreditation