Offshore Partner Visa
If your spouse or de facto partner is an Australian citizen, permanent resident or eligible New Zealand citizen, they can sponsor you for an offshore Partner visa. This pathway is made up of two visas:
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Subclass 309 Partner (Provisional) visa: a temporary visa that lets you live in Australia while your permanent Partner visa is processed. You must be outside Australia when you lodge your application and you can be outside or inside Australia when the Department decides your temporary visa.
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Subclass 100 Partner (Migrant) visa: the permanent stage of the Partner visa, granting you the right to live in Australia indefinitely. You are usually assessed for the permanent visa two years after lodging your combined 309/100 application and must still be in a genuine relationship with your sponsor.
You apply for both visas together, paying a single application charge that covers the temporary and permanent stages. This article explains who can apply, eligibility criteria, the benefits of each visa and how to prepare a strong application.
Who can apply?
To be eligible for the offshore Partner visa pathway you must meet several requirements. The Department of Home Affairs summarises them as follows:
| Criterion | Requirement | Source |
|---|---|---|
| Age | Applicants must be 18 years or older when they apply. Married applicants must be 18 because Australian law requires that age to enter a valid marriage; de facto partners must also be at least 18. | Home Affairs |
| Sponsor | Your sponsor must be your spouse or de facto partner and an Australian citizen, permanent resident or eligible NZ citizen. The sponsor applies separately and must remain your sponsor for two years after the provisional visa is granted. | Home Affairs |
| Relationship | You must be in a genuine and continuing relationship with your spouse or de facto partner. Married couples need to show their marriage is valid in Australia and they have a mutual commitment to each other. De facto couples usually need to prove they have lived together for at least 12 months immediately before applying; exceptions apply for registered relationships or compassionate circumstances. | Home Affairs |
| Location when applying | You and any family members included in the application must be outside Australia when you apply for subclass 309. You can be inside or outside Australia when the provisional visa is decided. | Home Affairs |
| Health & character | All applicants must meet the Australian government’s health and character requirements. This may involve medical examinations and police clearances. | Home Affairs |
| No visa refusals or cancellations | You must not have had a visa cancelled or an application refused; immigration history will be considered. | Home Affairs |
| No debts to the Australian Government & Australian values statement | Applicants and any family members must have no outstanding debts to the Australian Government, or arrange to repay them. Everyone aged 18 or over must read the Life in Australia booklet and sign an Australian values statement. | Home Affairs |
Quiz: Let's find you the right Australian Partner Visa
Subclass 309 Partner (Provisional) visa
The temporary Partner visa (subclass 309) lets you live in Australia while the permanent Partner visa is processed. Key points include:
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Length of stay: You can stay in Australia until your subclass 100 application is finalised or you withdraw your application.
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Work and study: The visa allows you to live, work and study in Australia.
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Travel: You can travel to and from Australia as often as you like while your provisional visa is valid and must enter Australia before the initial arrival date specified on your grant letter.
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Medicare & English classes: You may enrol in Medicare and attend free Adult Migrant English Program classes.
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Family members: You can include members of your family unit in your application at lodgement or add a dependent child later. They must meet health and character requirements and be outside Australia.
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Cost: There is one application charge covering both the provisional and permanent visas. Additional fees apply for each dependent family member and for health checks, police certificates and biometrics..
Location rules: You must be outside Australia when applying for the 309 visa. If your application is approved while you are outside Australia, you must make your first entry by the date in your grant letter. While holding the provisional visa you can be in Australia or overseas but must comply with any visa conditions.
Subclass 100 Partner (Migrant) visa
The permanent Partner visa (subclass 100) provides long‑term residency once you have held the provisional visa and continue to meet the relationship requirements. According to migration specialists, this visa:
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Grants permanent residence: You can stay, work and study in Australia indefinitely.
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Healthcare and travel: You have access to Medicare, can travel in and out of Australia without restrictions and may be eligible for Australian citizenship once residency requirements are met.
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Sponsorship of relatives: Permanent residents can sponsor eligible family members to join them in Australia.
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Eligibility requirements: To be granted the subclass 100 you must have previously held a provisional partner visa (309), continue to be in a genuine and ongoing relationship with your sponsor, meet health and character requirements and provide evidence of shared life and finances. You usually become eligible two years after you lodged your combined partner visa application.
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Processing times: Current estimates suggest that subclass 100 processing takes around 6–28 months for offshore applicants. Times vary depending on individual circumstances.
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Location at decision: If you applied offshore (309), you must be outside Australia when the subclass 100 visa is granted.
The permanent visa has no expiry date and provides a pathway to Australian citizenship. You can apply for citizenship after meeting the residency and other eligibility requirements, usually after holding a permanent visa for at least 12 months.
Relationship & sponsor requirements
Your relationship must be genuine, committed and ongoing. The Department considers the following when assessing partner visa applications:
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Nature of the household: Whether you live together or share responsibilities for household bills and chores.
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Financial interdependence: Joint bank accounts, shared assets (e.g. property, vehicles), joint leases, loans or insurance policies.
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Social aspects: Evidence that you present yourselves as a couple to friends and family – photos, joint invitations, statements from witnesses.
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Nature of the commitment: Communications, plans for the future and evidence that the relationship is intended to last.
Married couples must show their marriage is recognised under Australian law and that the relationship is exclusive and continuing. De facto couples need to demonstrate at least 12 months of cohabitation or register their relationship with an Australian state or territory. Exceptions to the 12‑month rule apply in cases of compelling and compassionate circumstances or where the sponsor held a humanitarian visa and declared the relationship before grant.
Sponsor obligations: Your partner must apply to be an approved sponsor and cannot be changed after the application is lodged. Sponsors must pass character checks and may be barred if they have certain criminal convictions or if they have sponsored two previous partners in the past five years. Sponsors must agree to support you for the first two years after the provisional visa is granted.
Processing time & costs
Processing times vary based on the complexity of the case and the completeness of your documentation.
Generally offshore applications take approximately 6–29 months for the provisional visa and 6–28 months for the permanent visa. Submitting a decision‑ready application, with all required forms, police certificates and relationship evidence helps avoid delays.
There is one visa application charge that covers both visas and must be paid at lodgement. Additional fees apply for family members and for services like medical examinations, police certificates and translation of documents. Because fees are indexed and may change each year, we recommend getting in touch with us to confirm on pricing.
Basic Application process for 309 & 100 Subclass
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Check eligibility: Ensure you and your sponsor meet the age, relationship, health, character and financial requirements.
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Gather documents: Collect evidence of your relationship (financial, household, social and commitment), identity documents, sponsor documents, police certificates and health checks.
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Lodge the application: Create an ImmiAccount and submit your combined subclass 309/100 application. Pay the visa application charge. Your sponsor should lodge their sponsorship form as soon as possible after your application is submitted.
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Wait for a decision: Processing may take many months. You may be asked to provide additional evidence during this time. After two years, if you are still in a genuine relationship, you will be assessed for the permanent visa.
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Receive your visa: If granted, you must enter Australia before the initial entry date. When your permanent visa is approved, you will become a permanent resident and can apply for citizenship once you meet the residency requirements.
Don’t just take our word for it,
book a consultation!
Request an appointment today for your initial consultation with one of our experts. Call us on 03 9111 0009
How Nexor Group can help
Applying for the offshore Partner visa can be complex. Nexor Group’s registered migration consultants offer:
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Eligibility assessment: We evaluate your relationship circumstances, sponsor history and immigration background to confirm your eligibility.
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Document preparation: Our team guides you on compiling strong evidence of your relationship and helps draft statutory declarations and witness statements.
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Sponsorship support: We assist your partner with the sponsorship application and ensure they meet the character and sponsorship obligations.
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Application lodgement: Nexor prepares a decision‑ready application to reduce processing delays and liaises with the Department on your behalf.
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Ongoing updates: We monitor your application status and advise you on any additional requests from Home Affairs.
Contact us today for a confidential consultation about your offshore Partner visa (subclass 309/100) application.
Offshore Partner Visa FAQs
You usually become eligible for the permanent partner visa about two years after you lodge your combined 309/100 application. Current processing times range from 6–29 months for the provisional visa and 6–28 months for the permanent visa
Don’t just take our word for it,
book a consultation!
Request an appointment today for your initial consultation with one of our experts. Call us on 03 9111 0009
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