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Offshore Partner Visa (subclass 309/100) – Jurist Migration
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Offshore Partner Visa (subclass 309/100)

Family & Partner Visas

Support for partners and family members seeking to reunite and build their lives together in Australia.

Skilled Nominated Visa (Subclass 190)

Are you a skilled professional looking to build your future in Australia through state or territory nomination? The Skilled Nominated Visa (Subclass 190) may provide a pathway to permanent residence for eligible skilled workers who are nominated by an Australian state or territory.

Explore Your State Nomination Options

Why Skilled Nominated Visa?

The Skilled Nominated Visa (Subclass 190) is a points-tested permanent residence pathway for skilled professionals who receive nomination from an Australian state or territory government.

State and territory nomination can provide an additional pathway for skilled applicants whose occupation, experience and circumstances align with the nomination requirements of a particular jurisdiction.

Because each state and territory can have its own nomination priorities and criteria, understanding where your profile may fit is an important part of planning your skilled migration pathway.

Australian Partner Visa

Partner Visa (Subclass 309/100 & 820/801)

Want to join your partner and build your future together in Australia?

The Australian Partner Visa provides a pathway for eligible spouses and de facto partners of Australian citizens, Australian permanent residents or eligible New Zealand citizens to live in Australia.

There are two main pathways:

Offshore Partner Visa — Subclass 309/100
Onshore Partner Visa — Subclass 820/801

The appropriate pathway depends on where you are located when you apply and your individual circumstances.

Visa Pathways

Partner Visa Types & Pathways

Offshore Partner Visa

Subclass 309/100

Stage 1 — Subclass 309 — Partner (Provisional)

The Subclass 309 is the temporary/provisional stage for eligible partners who apply while outside Australia. It is the first step towards the permanent Subclass 100 visa.

Stage 2 — Subclass 100 — Partner (Migrant)

The Subclass 100 is the permanent stage of the offshore Partner Visa pathway. Eligible applicants are assessed for the permanent visa after the required period and when the applicable requirements are satisfied.

Onshore Partner Visa

Subclass 820/801

Stage 1 — Subclass 820 — Partner (Temporary)

The Subclass 820 is the temporary stage for eligible partners who apply while they are in Australia. It is the first step towards the permanent Subclass 801 visa.

Stage 2 — Subclass 801 — Partner (Permanent)

The Subclass 801 is the permanent stage of the onshore Partner Visa pathway. Generally, two years must have passed since the Partner Visa application before the applicant becomes eligible for assessment for the permanent visa.

Relationship Pathways

Relationship Types

01

Married

You may be eligible if you are legally married to an Australian citizen, Australian permanent resident or eligible New Zealand citizen and your relationship meets the relevant requirements.

02

De Facto

You may be eligible if you are in a genuine and ongoing de facto relationship with your sponsoring partner.

Relationship Requirement

A 12-month relationship requirement generally applies to de facto applicants, although exceptions can apply in certain circumstances.

03

Prospective Marriage — Subclass 300

If you are engaged to an Australian citizen, permanent resident or eligible New Zealand citizen and intend to marry your sponsor in Australia, the Prospective Marriage Visa (Subclass 300) may be a separate pathway to consider.

Requirements

Eligibility Requirements

To apply for a Partner Visa, you generally need to satisfy the applicable relationship, sponsorship, health and character requirements.

  • Have an eligible sponsoring partner who is an Australian citizen, permanent resident or eligible New Zealand citizen
  • Be married to, or in a genuine de facto relationship with, your sponsor
  • Demonstrate that your relationship is genuine and continuing
  • Meet the applicable age requirements
  • Meet health and character requirements
  • Provide evidence supporting your relationship and personal circumstances
  • Meet the applicable sponsorship requirements

Partner Visa applications are assessed based on the specific circumstances of the applicant, sponsor and relationship.

Supporting Evidence

Relationship Evidence

A strong Partner Visa application should clearly demonstrate the nature and history of your relationship.

01 Financial aspects of the relationship
02 Household arrangements and shared residence
03 Social aspects of the relationship
04 Commitment to each other
05 Communication and contact history
06 Travel and significant events together
07 Joint financial or household responsibilities
08 Statements from family and friends where appropriate

The evidence should tell a consistent and credible story about your relationship.

Application Documents

Documents Required for Partner Visa

Depending on your circumstances, documents may include the following.

Passports and identity documents
Birth certificates and other identity records
Marriage certificate, where applicable
Evidence of your de facto relationship, where applicable
Joint bank or financial records
Rental agreements or evidence of shared residence
Utility bills and correspondence showing a shared address
Travel records, photographs and communication evidence
Statements or declarations from family and friends
Evidence of the sponsor's Australian citizenship, permanent residence or eligible New Zealand citizenship
Police and character documents where required
Health examination results where requested

The Department may request additional evidence depending on your circumstances.

Partner Visa Benefits

Benefits of the Australian Partner Visa

01

Live With Your Partner

Live in Australia with your partner.

02

Work in Australia

Work in Australia, subject to the conditions of the visa held.

03

Study in Australia

Study in Australia, subject to the applicable visa conditions.

04

Progress to Permanent Residence

Progress from a temporary/provisional Partner Visa to permanent residence.

05

Eligible Family Members

Include eligible family members where permitted.

06

Potential Citizenship Pathway

Build a pathway towards Australian citizenship once the relevant citizenship requirements are satisfied.

Work rights depend on the visa and its conditions. Applicants should check their current conditions through VEVO rather than assuming unrestricted work rights.

Important Circumstances

What Happens After Your Relationship Changes?

If your relationship ends, this does not necessarily mean that a Partner Visa pathway must immediately end.

Domestic & Family Violence

There are circumstances where special provisions may apply to applicants experiencing domestic or family violence.

Death of the Sponsor

Special provisions may apply following the death of the sponsoring partner, depending on the circumstances.

Child of the Relationship

Certain circumstances involving a child of the relationship and applicable parental circumstances may be relevant.

Important: Special provisions apply and each situation should be assessed individually.

Frequently Asked Questions.

The Subclass 309/100 pathway is the offshore Partner Visa pathway. Subclass 309 is the provisional stage, followed by assessment for the permanent Subclass 100 visa when the relevant requirements are met.

The main difference is where you are when you apply:

309/100: Offshore pathway — you must be outside Australia when applying for the Subclass 309.

820/801: Onshore pathway — you must be in Australia when applying for the Subclass 820.

Processing times vary depending on the visa subclass, application completeness, relationship evidence, health and character checks, and Department of Home Affairs processing priorities.

There is no single processing time that applies to every Partner Visa application.

A 12-month de facto relationship requirement generally applies, but exceptions may be available in certain circumstances. Your individual circumstances should be assessed before applying.

Yes. Eligible same-sex spouses and de facto partners can apply where they satisfy the relevant Partner Visa requirements.