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Offshore Partner Visa (subclass 309/100)

EMK Global Education & Migration   →  Offshore Partner Visa (subclass 309/100)

Offshore Partner Visa (subclass 309/100)

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Benefits of the visa 309 & 100

  • Visa 309:
    - Live, work and study in Australia for two years
    - Travel to and from Australia as many times as you want
    - Attend free English language classes provided by the Adult Migrant English Program if you are eligible
    - Apply for access to Australia’s public health care scheme, Medicare
  • Visa 100:
    - Live, work and study in Australia indefinitely
    - Sponsor eligible family members to come to Australia
    - Apply for Australian citizenship if eligible

Requirements

  • Visa 309:
    - Be outside Australia when you apply and when the visa is decided
    - Be married to, or in a de facto relationship with, an Australian citizen, permanent resident or eligible New Zealand citizen who sponsors you
    - De facto couples generally need to have been together for at least 12 months before applying, unless the relationship is registered or another exception applies
    - Be 18 or older when you apply
    - Meet health and character requirements
  • Visa 100:
    - Hold a subclass 309 visa
    - Generally, 2 years must have passed since you applied for the combined 309/100 visa – it may be granted sooner if you were already in a long-term relationship
    - Your relationship must be continuing, unless it has ended in special circumstances such as family violence or the death of your partner
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Visa Application Charge

  • Combined Partner visa (subclass 309/100): one application charge covers both the temporary and permanent stages.
  • Main applicant charge: AUD 11,710.00.
  • Additional applicant aged 18 or over: AUD 5,860.00.
  • Additional applicant under 18: AUD 2,935.00.
  • Non-internet application charge: Not applicable.
  • Subsequent temporary application charge: Not applicable.
  • A separate application charge applies to each family member included in the application.

Processing Time

  • Partner (Provisional) visa — subclass 309
  • 50% of applications are processed within 21 months.
  • 90% of applications are processed within 39 months.
  • The Department continues to prioritise aged, compassionate and compelling applications.
  • Partner (Migrant) visa — subclass 100
  • The processing time for the permanent Partner visa starts from the date the applicant becomes eligible.
  • Eligibility is generally assessed 2 years after applying for the temporary and permanent Partner visas.
  • 50% of applications are processed within 9 months after eligibility.
  • 90% of applications are processed within 18 months after eligibility.

Your Obligations

  • 8502: Must not arrive in Australia before the person specified in the visa.
  • 8515: Must not marry or enter into a de facto relationship before entering Australia.
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How to Apply for an Australian visa?

  • Step 1: Complete the Visa Application Form via the online IMMI Account
  • Step 2: Gather your documents (identity, relationship evidences, etc)
  • Step 3: Include your family members (if applicable)
  • Step 4: Pay the Visa Application Fee
  • Step 5: Complete the Visa Application Form for the sponsor via the online IMMI Account
  • Step 6: Complete the Health examination
  • Step 7: Prepare for the interview by the Immigration

Not sure if you qualify? Talk to our registered migration agent.

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Frequently Asked Questions

If you don’t find an answer to your question below, feel free to get in touch with one of our agents, they will be more than happy to share their wisdom.

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My visa has been refused, how do I apply for review of the decision?

If your application is reviewable, your notification of the refusal decision will contain information regarding an option to apply for review to the Administrative Review Tribunal (ART)

My relationship with my Sponsor has ended or changed what do I do?

Depending on your situation you may need to complete the Notification of Relationship Cessation form in ImmiAccount

My partner and I are in a same-sex relationship. Can we apply for a Partner Visa?

Australia allows same-sex relationships so same-sex relationship can apply for a partner visa.

I have a substantial criminal history in the past. Can I still apply for a Partner Visa?

To eligible for this visa, you cannot have a substantial criminal record and/or been convicted of a relevant offence.

Can I request a priority in the processing time of my Partner Visa Application?

A Partner visa application might be prioritised where you can demonstrate compelling and compassionate circumstances. There is no guarantee that your application will be given a higher priority as other applicants might have equally or more compelling and compassionate circumstances.

My partner and I have not lived together for 12 months. Do I meet the requirements?

If you are married or have registered your relationship in Australia, you may be able to overcome 12 month living together requirement

I was previously sponsored by my partner and got permanent residence. However, our relationship ended. Could I sponsor my new partner?

Possibly. A person can generally sponsor no more than 2 partners in their lifetime, and usually not within 5 years of sponsoring a previous partner or of being sponsored as a partner themselves. Exceptions can apply in compelling circumstances, for example where you have a child together.

Can I travel to Australia while waiting for the decision of my 309 visa?

Yes you can travel to Australia while waiting for the decision of your 309 visa by applying a visitor visa

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