309 Visa & 100 Visa: Partner Visa Offshore (Subclass 309 & 100)

Ready to start life in Australia? Here’s everything you need to know about the 309/100 two-part process.

These visas are heavily scrutinised by the Department of Home Affairs, so there really is no room for error. You must be ready to share detailed evidence of your relationship to prove its legitimacy.

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Do you qualify for a visa?

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As registered migration experts, we’ve helped people through this many times before and will ensure you’re well prepared. Helping you to collate all appropriate data and evidence, our migration agents will keep you on track.

What is the subclass 309/100 visa?

It is an offshore visa for partners and spouses of Australian citizens, permanent residents and eligible New Zealand citizens. You must be outside of Australia when this visa is lodged and granted. If you happen to be in Australia on a visitor visa, the Case Officer will let you know that your 309 partner visa is ready to be granted, and you can depart Australia for a few days for granting. For the second part, you can be in Australia when it’s granted.

In most circumstances, you will need to apply for the 309 temporary visa first and the 100 visa later. However, long term committed couples (those that have lived together for at least three years immediately prior to lodging the visa, or two years living together and a child together) can lodge the permanent residency 100 visa straight away, condensing the two parts into one.

Two years after lodging your temporary 309 visa application, you can add further information about your relationship and be assessed for the second part of your visa (100). This next application grants you Australian permanent residency as long as you are still a legitimate couple. You will need to demonstrate this through evidence of your relationship, so it is important that you continue to collect proof of your partnership, even after the first stage has been approved.

309/100 dependents

Children and stepchildren may be added to or included in this visa. A dependent 18 years or over will need to demonstrate full financial dependence on their parent to be included.

309/100 health and character requirements

The visa applicant and all children included in the application must meet the health requirements associated with the 309 and 100 visas. This is the case even if a child is not migrating with the parent. Additionally, the applicant and any dependent aged 16 or over must meet character requirements.

We can make sure you submit your application at the right time and give you all the information you need to ensure a successful transition from one visa to the next. Our no visa, no fee guarantee on this visa type shows just how committed we are to helping you start a new life abroad with your partner.

Why not take our free visa assessment today and see how we can help you?

Length of visa 

Your 309 partner visa will be valid until a decision is made on the second stage (100 visa). You can apply for the 100 visa two years after applying for the 309 visa. The 100 visa is a permanent residency visa which entitles you to remain here indefinitely.

Sponsor obligations 

Your sponsor must meet certain obligations for two years after you (and any dependents) enter Australia on the 309 visa. This includes providing appropriate accommodation and providing ongoing financial support.

You can apply for this visa type if:

  • You are outside of Australia at the time of application and time of decision
  • You are married to your partner or you can prove that you have lived together for at least the 12 months prior to your application
  • You can provide evidence of ongoing financial commitment, shared living arrangements (if defacto) and social recognition
  • You and your partner are over 18 years of age
  • You meet the health and character requirements associated with this visa type
  • You don’t have any outstanding debts to the Australian Government

Subclass 100 visa
When the time comes to apply for the second stage subclass 100 visa. You must meet the following criteria:

  • Hold a subclass 309 offshore partner visa
  • Continue to be in a committed and ongoing relationship (unless special circumstances apply)
  • Have complied with all laws and visa conditions whilst on your 309 visa
Get in touch now to find out how we can help you contact us