Global Vision Migration Lawyers provides expert legal advice across Australian visas, permanent residency, and citizenship. Our immigration lawyers and registered migration agents assist individuals, families, and businesses with skilled migration, employer-sponsored visas, partner visas, and the strategic resolution of visa refusals and appeals nationwide.

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Partner visa (apply overseas) (subclass 309 and 100)

Offshore Partner Visa – Subclass 309 & 100

The Offshore Partner Visa Subclass 309 (temporary) and Subclass 100 (permanent) are designed for applicants who are outside Australia at the time of application and decision (for the temporary stage). This visa pathway allows the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to enter and live in Australia.

The Subclass 309 visa is granted first, providing temporary residence and the ability to travel to and from Australia. After a period of assessment (generally two years from initial application), applicants may be eligible for permanent residency under Subclass 100, subject to continued relationship and eligibility requirements.

Why Proper Preparation is Critical for Offshore Partner Visas

Offshore Lodgement Requirement

Applicants must be outside Australia at the time of application lodgement and 309 visa decision.

Two-Stage Assessment

Temporary 309 is assessed first, followed by permanent 100 stage after eligibility review.

Strict Evidence Standards

Relationship evidence must satisfy legislative requirements across multiple assessment categories.

Sponsorship Requirements

The sponsoring partner must meet character, sponsorship, and eligibility obligations.

Work & Travel Rights

Subclass 309 allows entry into Australia with full work and study rights.

Permanent Residency Pathway

Subclass 100 provides permanent residency and long-term migration benefits.

Eligibility Criteria

  • Must be legally married or in a genuine de facto relationship.
  • Relationship must be genuine, continuing, and exclusive.
  • Applicant must be outside Australia at time of 309 decision.
  • Sponsor must be Australian citizen, PR, or eligible NZ citizen.
  • Both applicant and sponsor must meet character requirements.
  • Health checks must be completed.

Two-Stage Offshore Process

Stage Visa Outcome
Stage 1 Subclass 309 (Temporary) Entry to Australia with work and travel rights
Stage 2 Subclass 100 (Permanent) Full permanent residency after reassessment

Relationship Evidence Requirements

Assessment Category Evidence Examples
Financial Aspects Joint financial commitments, remittance records, shared assets.
Household Arrangements Shared living arrangements, communication records if living apart.
Social Recognition Photographs, travel history, family acknowledgments.
Commitment Future plans, joint responsibilities, long-term intentions.

Processing Timeline Overview

Phase Estimated Timeline Important Note
Subclass 309 Varies depending on case and country of application Applicant must remain offshore at decision time
Subclass 100 Approximately 2 years from initial application Further evidence of ongoing relationship required

Health & Character Requirements

  • Health examinations through approved panel doctors.
  • Police clearances from relevant countries.
  • Sponsor character assessment.
  • No serious character concerns under Section 501.
  • Additional checks for complex cases.

Why Choose Global Vision Migration?

  • Comprehensive relationship evidence preparation.
  • Detailed statutory declarations drafting.
  • Strategic planning for Subclass 100 stage approval.
  • Assistance with s57 or refusal matters if required.

Apply for Your Offshore Partner Visa with Confidence

Ensure your application is fully compliant and supported by strong relationship evidence. Book a consultation with Global Vision Migration for expert guidance today.

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Other Family & Partner Visas

01.
Partner Visa – SC 820 & 801

The Partner Visa Subclass 820 (temporary) and Subclass 801 (permanent) allow the spouse

 Read More
02.
Offshore Partner Visa – SC 309

The Subclass 309 (temporary) and Subclass 100 (permanent) visas are for partners applying from outside Australia.

 Read More
03.
Sponsored Parent – SC 870

The Sponsored Parent Subclass 870 visa allows parents of Australian citizens, permanent residents,

 Read More
04.
Parent Visa – SC 103

The Parent Visa Subclass 103 is a permanent visa that allows parents of Australian citizens or permanent residents

 Read More
05.
Contributory Parent (Temporary) – SC 173

The Subclass 173 visa is a temporary contributory parent visa that allows parents to live in Australia

 Read More
06.
Contributory Aged Parent (Temporary)
– SC 884

The Subclass 884 visa allows older parents who meet the age requirement to stay

 Read More
07.
Aged Parent Visa – SC 804

The Subclass 804 Aged Parent visa allows older parents already in Australia to apply for permanent residency.

 Read More
08.
NZ Family Relationship – SC 461

The Subclass 461 visa allows non-New Zealand family members of New Zealand citizens

 Read More
09.
Child Visa – SC 101

The Subclass 101 Child visa allows a dependent child outside Australia to join their Australian citizen, permanent resident

 Read More

The Partner Visa (Subclass 309) is a temporary offshore visa for spouses or de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens. It is the first stage leading to the permanent Partner Visa (Subclass 100).

Applicants must:
• Be married to or in a de facto relationship with an eligible sponsor.
• Be outside Australia at the time of application.
• Demonstrate a genuine and ongoing relationship.
• Meet health and character requirements.

Subclass 309 is the temporary visa granted first. Subclass 100 is the permanent visa stage, usually assessed approximately two years after lodging the initial partner visa application.

Evidence generally includes:
• Joint financial commitments.
• Shared household arrangements.
• Social recognition of the relationship.
• Mutual commitment statements.
• Communication records and travel history.

You may travel to Australia on another valid visa (such as a visitor visa) while your 309 application is being processed. However, you must comply with the conditions of that visa.

Processing times vary depending on individual circumstances, documentation quality, and case complexity. Accurate and complete submissions can help avoid delays.

If the relationship ends before permanent residency is granted, the visa may be refused. However, exceptions may apply in cases involving family violence, children of the relationship, or other compelling circumstances.