移民

309/100 Offshore Partner Visa

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Subclass 309 Partner (Provisional) visa 

This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 100). Applicant must have: 

• be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen 
• usually, be outside Australia when you apply and when the visa is granted 

 

Eligibility 

• Meet relationship requirements: 

In most cases, you must be the spouse or de facto partner of an: 

• Australian citizen 
• Australian permanent resident or 
• eligible New Zealand citizen 

Your relationship can be with someone of the same or different sex. 

You might still be eligible for the visa if your relationship breaks down or your sponsor dies while we are considering your application. 

Married applicants 

To be a married applicant: 

• you and your spouse must both be committed to a shared life together to the exclusion of all others 
• your relationship with your spouse must be genuine and continuing 
• you must live with your spouse or do not live apart on a permanent basis 
• your marriage must be valid under Australian law 

To find out if your marriage is valid under Australian law, contact the relevant state or territory agency for births, deaths and marriages. 

De facto partners 

To be a de facto partner, you must be in a de facto relationship. 

• you and your partner are in a de facto relationship if all these apply: 
• you are not married to each other 
• you are committed to a shared life to the exclusion of all others 
• your relationship is genuine and continuing 
• you live together or do not live separately and apart on a permanent basis 
• you are not related by family 

Usually your de facto relationship must have existed for at least 12 months immediately before you apply for the visa. Time spent dating or in an online relationship might not count as being in a de facto relationship. 

The 12-month requirement will not apply if you can show us compelling and compassionate circumstances exist to grant the subclass 820 visa. 

The 12-month requirement also will not apply if: 

• your partner holds or held a permanent humanitarian visa 
• your de facto relationship existed before we granted their visa 
• you de facto partner told us about the relationship before we granted their visa  

It also will not apply if you: 

• are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or 
• you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages 

You might still be granted the temporary visa if your relationship has broken down or if your sponsor died.  

• Have a sponsor: 

You must have a sponsor when you lodge your application and when you are on this visa. 

We must approve your sponsor. There are limitations on approval. 

You can’t change your sponsor. The person who sponsors you when you apply for the visa must be same person who sponsors you for 2 years after we grant your temporary 309 Partner visa. 

• Be the right age:  

Married applicants must usually, be 18 or older when they apply. This is because usually, you must be 18 or older to be married under Australian law. 

Applicants in de facto relationships must be 18 or older when they apply. 

• Have competent English: All applicants aged 18 or over at the time of application must either have at least functional English or you will be asked to pay the second instalment of the visa application charge 

 

• Best interests of the child: 

We might not grant this visa if it is not in the best interests of an applicant under 18. 

• Meet other requirements: 
  • Meet our health requirement 
  • Meet our character requirement 
  • Pay your debts to the Australian Government 
  • Not have had a visa cancelled or a previous application refused 

Processing Time 

75% of applications: 18 months 

90% of applications: 26 months 

 

Application Cost 

AUD7,715 for the main applicant. This fee covers both: 

• this temporary visa 
• the permanent Partner (Migrant) visa (subclass 100) 

There is also a fee for each family member who applies for the visa with you, unless they hold a Dependent Child visa (subclass 445). There is no fee for subclass 445 visa holders. 

To work out how much your visa might cost use the Visa pricing estimator. 

The estimator does not take into account other costs you might also have to pay such as those for police certificates, health checks or biometrics. 

 

Subclass 100 Partner (Migrant) visa  

The visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, live in Australia permanently. It is usually granted to people who hold a temporary Partner visa (subclass 309). 

You must have: 

• in most cases, hold a temporaryPartner (Provisional) visa (subclass 309) 
• in most cases, continue to be in a genuine and ongoing relationship with your partner 

 

Eligibility  

• Have this visa: 

Usually, you must hold: 

• a Partner (Provisional) visa (subclass 309), or 
• a Dependent Child (subclass 445) visa 

Usually, 2 years must have passed since you applied for the combined 309 and 100 visa for you to be assessed for the permanent visa.  

If you were in a long-term relationship or your sponsor held a specific visa before you applied, you might be granted the permanent visa within less than 2 years. We will let you know if this applies to you. 

• Continue to meet relationship requirements: 

You must continue to be the spouse or de facto partner of the same person who sponsored you for the temporary visa.  

We must approve the sponsorship. 

You must: 

• be married or in a de facto relationship 
• have a genuine and continuing relationship 
• live together, or not live permanently separately and apart 

• be mutually committed to a shared life excluding other partners 

You might still be eligible for the permanent visa if your relationship breaks down or your partner dies before we grant the permanent visa. 

• Pay your debts to the Australian Government: 

If you or any family members (including those who don’t apply for the visa with you) owe the Australian Government money, you or they must have paid it back or have an approved arrangement in place to pay it back. 

• Best interests of the child: 

We might not grant this visa if it is not in the best interests of an applicant under 18. 

 

Application Cost 

You paid for this visa when you applied for the combined temporary and permanent partner visas. 

You might have to pay other costs such as those for health checks or police certificates 

 

Processing times 

We process: 

• 75% of applications in 19 months 
• 90% of applications in 26 months 

Our assessment will take longer to process if: 

• you don’t include all the documents we need 
• we need more information from you 
• it takes us time to verify your information