Offshore Partner Visa
Reunite with Your Partner in Australia
Reunite with your partner in Australia. Our registered migration agents guide you through the offshore partner visa process from application to permanent residency.
Updated December 2024 · 15 min read min read
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Table of Contents
Processing Time
13-24 months (309), then 21-32 months (100)
Application Fee
From $9,365
Visa Duration
Provisional (309) then Permanent (100)
Success Rate
95%
Why Choose Us for Your Offshore Partner Visa?
We combine deep expertise in offshore partner visa applications with genuine care for reuniting couples in Australia.
Fixed, Transparent Fees
No hidden costs or surprise charges. You'll receive a clear written quote before we begin, with flexible payment plans available.
High Success Rate
Our thorough approach and decision-ready applications result in consistently strong outcomes for our offshore partner visa clients.
Clear, Proactive Communication
Regular updates in plain English, so you always know where your application stands and what happens next.
About the Offshore Partner Visa (Subclass 309/100)
The offshore partner visa pathway (subclasses 309 and 100) allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to migrate to Australia.
This is a two-stage visa: you first receive a provisional partner visa (subclass 309), and then approximately two years later, the permanent partner visa (subclass 100). Both stages are lodged together in a single application, and a single government fee covers both stages.
With the offshore partner visa you can:
- ✓Live in Australia permanently (once 100 visa is granted)
- ✓Work in Australia without restriction (from 309 grant)
- ✓Study in Australia
- ✓Travel freely in and out of Australia
- ✓Access Medicare (Australia's public healthcare system)
- ✓Apply for Australian citizenship after meeting residence requirements
- ✓Sponsor eligible family members to migrate to Australia
Subclass 309/100 (Offshore)
- ✓Must be outside Australia when you apply
- ✓Can enter Australia on another visa during processing
- ✓Provisional visa (309) granted first, then permanent (100) ~2 years later
- ★This guide focuses on this pathway
Subclass 820/801 (Onshore)
- •Must be in Australia when you apply
- •Live and work in Australia while waiting
- •Different processing times and requirements
Not sure which pathway is right for you?
Book a free consultation and we'll assess your situation and recommend the best approach.
Book Free ConsultationBenefits of the Offshore Partner Visa
The offshore partner visa pathway lets genuine couples reunite in Australia and build their life together.
309With the Provisional 309 Visa
- ✓Live in Australia while your permanent 100 visa is processed (usually ~2 years)
- ✓Work in Australia without any restrictions or conditions
- ✓Study in Australia (you'll pay international student fees unless you have a separate domestic fee entitlement)
- ✓Travel freely in and out of Australia while your visa is valid
- ✓Access Medicare for covered medical and hospital services
- ✓Include dependent children in your application
100With the Permanent 100 Visa
- ✓Live in Australia indefinitely as a permanent resident
- ✓Work and study without any visa-related restrictions
- ✓Pay domestic student fees at eligible Australian institutions
- ✓Full Medicare access and enrollment in public healthcare programs
- ✓Access Centrelink benefits (subject to waiting periods for some payments)
- ✓Sponsor family members to migrate to Australia
- ✓Apply for Australian citizenship after meeting residence requirements
- ✓Travel internationally with a 5-year travel facility (renewable via Resident Return Visa)
Who Is Eligible for the Offshore Partner Visa?
The 309/100 partner visa is designed for people who are in a genuine, ongoing relationship with an eligible Australian partner and are able to apply from outside Australia.
Core Eligibility Criteria at a Glance
- ✓You are married to or in a de facto relationship with an eligible Australian citizen, permanent resident, or eligible New Zealand citizen
- ✓You are usually at least 18 years old (with limited exceptions for minors)
- ✓You are outside Australia when you apply (and when a decision is made on your 309 visa, unless you're lawfully in Australia)
- ✓Your relationship is genuine and continuing and you live together (or do not live apart on a permanent basis)
- ✓Your partner is willing and eligible to sponsor you
- ✓You meet health requirements (medical examination by panel doctor)
- ✓You meet character requirements (police checks from every country where you've lived 12+ months)
- ✓You do not have significant debts to the Australian government, or you have arrangements in place to repay them
- ✓You have signed the Australian values statement
- ✓Any dependent children included in your application meet health, character, and other requirements
Important: Same-sex couples are eligible for partner visas on exactly the same terms as opposite-sex couples.
Important: November 2023 Offshore Partner Visa Changes
Understanding how recent regulatory changes affect your offshore application
The 2023 Regulation Amendment
On November 25, 2023, significant changes came into effect through the Migration Amendment (Location Requirements for Grant of Visa) Regulations 2023.
Previous Rule (Before November 2023)
- • Applicants had to be outside Australia when lodging the 309 application
- • Applicants also had to be outside Australia when the 309 was granted
- • This meant forced separation or unnecessary travel to receive visa grant
Current Rule (From November 2023)
- • Applicants must still be outside Australia when lodging the 309/100 application
- • However, the Department can now grant the 309 visa while the applicant is lawfully in Australia
- • Eliminates the need to leave Australia purely for visa grant purposes
Practical Benefits for Couples
Stay Together During Processing
Applicants can enter Australia on another substantive visa (visitor, work, student). Couples can remain together while awaiting 309 decision. No forced separation for visa grant.
Avoid Unnecessary Travel
Eliminates travel costs associated with leaving Australia for grant. Reduces disruption to employment or study. Removes uncertainty about timing of travel.
Greater Flexibility
Applicants can work in Australia if holding appropriate visa. Can maintain Australian employment throughout processing. Better quality of life during waiting period.
Important Requirements
- You must lodge offshore: The application must still be submitted while you're physically outside Australia.
- You must remain lawful: If you enter Australia during processing, you must hold a valid visa at all times (substantive visa or existing bridging visa).
- No automatic right to enter: Lodging a 309/100 application does NOT give you automatic right to enter Australia. You need a separate valid visa to enter.
Is Your Relationship Eligible?
To be eligible for a partner visa, you must be in a genuine and continuing relationship with your sponsor. The Department recognizes two types: marriage and de facto relationships.
Marriage
If you are legally married to your partner, your relationship is generally eligible, provided the marriage is:
- ✓Recognized as valid under Australian law
- ✓Between two people who both freely consented to marry
- ✓Between two people who were both at least 18 at the time (with exceptions for 16-17 with consent)
- ✓Genuine and continuing
You'll need to provide a copy of your marriage certificate and evidence that your relationship is genuine and continuing.
De Facto Relationship
A de facto relationship is between two people (regardless of sex) who:
- ✓Are not married to each other
- ✓Are not related by family
- ✓Have a mutual commitment to a shared life to the exclusion of all others
- ✓Have a relationship that is genuine and continuing
- ✓Live together or do not live separately and apart on a permanent basis
12-Month Rule: Generally, you must have been living together for at least 12 months immediately before you apply.
Exceptions to the 12-Month Requirement
You may not need to meet the 12-month requirement if:
Registered Relationship
Your relationship is registered with an Australian state or territory relationship register
Child Together
You have a biological or adopted child together
Compelling Circumstances
There are compelling and compassionate circumstances (rare and case-specific)
Sponsorship for the Offshore Partner Visa
Every partner visa application requires an eligible sponsor—the Australian citizen, permanent resident, or eligible New Zealand citizen you're in a relationship with.
Who Can Sponsor You?
Your sponsor must:
- ✓Be an Australian citizen, permanent resident, or eligible NZ citizen
- ✓Be at least 18 years old
- ✓Be your spouse or de facto partner
- ✓Be willing to support you and any dependent children
- ✓Meet character requirements (including police checks)
Sponsorship Limits & History
A person can generally only sponsor:
- •Two partner/spouse visa applicants in their lifetime
- •Mandatory 5-year gap between sponsorships (limited exceptions)
Your sponsor may not be able to sponsor you if they were previously sponsored and it was granted less than 5 years ago, or they have serious convictions.
Sponsorship Obligations
When your partner sponsors you, they agree to:
Provide financial support, accommodation, and assistance with welfare and health needs for the first 2 years
Notify the Department if the relationship ends or if there are significant changes
Repay any social security payments made to you during the sponsorship period, if requested
Sponsorship obligations generally end 2 years after the provisional 309 visa is granted—even if the permanent 100 visa is granted sooner.
Offshore Partner Visa Evidence & Document Checklist
A large proportion of partner visa refusals occur because the evidence is inconsistent, incomplete, or poorly organized. More evidence—properly structured and explained—leads to stronger applications.
Identity & Personal Documents
For You (the Applicant)
- ☐Passport biographical pages (current and expired)
- ☐Birth certificate
- ☐National identity card (if applicable)
- ☐Change of name documents (if applicable)
- ☐Marriage certificate (if married)
- ☐Divorce orders or death certificate for any previous relationships
For Your Partner (the Sponsor)
- ☐Passport or Australian citizenship certificate
- ☐Birth certificate
- ☐Evidence of Australian permanent residence (if not a citizen)
- ☐Change of name documents (if applicable)
- ☐Divorce orders or death certificate for any previous relationships
💡 Tip: All non-English documents must be translated by a NAATI-accredited translator. Scan documents in color at high resolution (at least 300 DPI) for clarity.
Offshore Partner Visa 309/100 Application Process
The offshore partner visa application process has four main stages. Here's what to expect and how we guide you through each step.
Strategy & Eligibility Assessment
We review your circumstances, relationship evidence, and identify any risks or complexities before you apply.
Prepare Your Documents
Gather identity documents, relationship evidence across all four aspects, health and character documents. All must be ready before lodging.
Lodge Your Application Offshore
You must be physically outside Australia when lodging. We submit through ImmiAccount and upload all documents.
After You Apply
Complete health examinations, respond to any Department requests. 309 visa granted (can be in Australia if lawfully present), then wait for 100 assessment.
What if Your Application is Refused?
If your provisional 309 visa application is refused, you may have the right to appeal to the Administrative Appeals Tribunal (AAT). Strict time limits apply—usually you must lodge your appeal within 21 days of receiving the refusal decision.
If you receive a refusal or a concerning letter from the Department, contact us immediately.
Costs of the Offshore Partner Visa (309/100)
Understanding all costs involved in your offshore partner visa application
Government Application Fees (as at December 2024)
| Applicant Type | Amount (AUD) | Notes |
|---|---|---|
| Main applicant | $9,365 | Covers both 309 and 100 stages |
| Additional applicant 18 or over | $4,685 | Per person |
| Additional applicant under 18 | $2,345 | Per person |
| Second stage (subclass 100) | $0 | Already paid with 309 application |
Other Expected Costs
- Health examinations$300–500 per person
- Police certificates$50–150 per certificate
- Translations (NAATI)$50–100 per page
- Document certification$10–50 per document
- Biometrics (if applicable)$160 per person
Our Professional Fees
Our fees are fixed wherever possible and depend on case complexity:
- Straightforward applicationsfrom $3,500 + GST
- Moderate complexityfrom $4,500 + GST
- Complex casesfrom $5,500 + GST
Payment plans: 3–6 month interest-free payment plans available on most partner visa matters.
Offshore Partner Visa (309/100) Processing Times
Understanding realistic timeframes for your offshore partner visa application
Subclass 309 (Provisional) Processing Times
Subclass 100 (Permanent) Processing Times
Assessment typically begins 23-24 months after your 309 application date
Total Timeline
From initial 309/100 lodgement to permanent residency: Typically 3-4.5 years
Factors Affecting Processing Times
Faster Processing
- • Complete, well-organized application
- • Comprehensive relationship evidence upfront
- • Quick response to Department requests
- • Straightforward case with no complexity
- • All health and character checks clear immediately
Slower Processing
- • Incomplete applications requiring additional evidence
- • Delayed responses to Department requests
- • Complex relationship history or previous refusals
- • Health or character issues requiring assessment
- • High Department caseload or processing priorities
November 2023 Regulation Change Impact
Since November 2023, the Department can grant subclass 309 visas while applicants are lawfully in Australia. This has:
- • Eliminated the requirement to leave Australia for visa grant
- • Reduced unnecessary travel and associated delays
- • Allowed couples to stay together throughout processing
However, you must still be outside Australia when you lodge the initial application.
Including Dependent Children in Your Offshore Partner Visa
How to include your children in your 309/100 application
Who Can Be Included?
You can include dependent children in your offshore partner visa application. A dependent child is generally someone who:
- Is under 18 years of age, OR
- Is 18-23 years old and financially dependent on you (full-time student or unable to work due to disability), OR
- Is over 23 years and unable to work due to substantial physical or cognitive disability
Including Children in Your Application
At Time of Application:
When lodging your 309/100, you can include:
- • Your biological children
- • Your legally adopted children
- • Your stepchildren (your partner's children)
- • Your sponsor's children (if they meet dependency requirements)
Each dependent child must:
- • Be listed on your application form
- • Meet health requirements (medical examinations)
- • Meet character requirements if 16-17 years old (police checks)
- • Have consent from non-migrating parent OR court orders granting permission to migrate
Cost for Including Children:
Government visa application fees for dependent children:
- • Children under 18 years: $2,345 each
- • Applicants 18+ years: $4,685 each
Non-Migrating Parent Consent - Critical Requirement
If you have children from a previous relationship, you must provide:
Option 1: Written consent
From the non-migrating parent allowing the child to migrate permanently to Australia
Option 2: Court orders
Demonstrating you have sole custody/parental responsibility, OR orders permitting you to take the child to live in Australia
Consequences of Non-Compliance: Child removed from application, delays in processing, potential visa refusal, legal complications.
Children Born After Application
Before 309 Decision:
If you have a child after lodging your 309/100 but before the provisional visa is decided:
- • Notify the Department immediately through ImmiAccount
- • Provide child's birth certificate
- • Child can be added to your application
- • Additional visa application fee applies
- • Child must meet health requirements
After 309 Grant, Before 100 Grant:
Child may need a separate Dependent Child visa or can later be added to your 100 application. Discuss options with migration professional.
After Both Visas Granted:
- • In Australia: Automatically Australian citizens (if at least one parent is permanent resident/citizen)
- • Overseas: Can apply for child visa or citizenship by descent (if you become citizen)
Need help including children in your application?
We assist with consent documentation, court orders, and ensuring all requirements are met for dependent children.
Get Family Application HelpFrequently Asked Questions
Clear answers to your offshore partner visa questions—no legal jargon
The government application fee is $9,365 for the main applicant (as of December 2024), which covers both the 309 and 100 stages. Additional applicants 18+ are $4,685 each, and under 18 are $2,345 each. Additional costs include health examinations ($300-$500), police certificates ($50-$150), and translations ($50-$100 per page).
Processing times vary: 25% of 309 applications are decided within 9 months, 50% within 13 months, and 75% within 19 months. The permanent 100 visa assessment typically begins 23-24 months after your 309 application date. Total timeline from lodgement to permanent residency is typically 3-4.5 years.
Yes, you must be physically outside Australia when you lodge the 309/100 application. However, since November 2023, the Department can grant the 309 visa while you're lawfully in Australia (if you enter on another visa during processing).
If you enter Australia on another substantive visa (like a visitor, work, or student visa) during processing, you can work if that visa allows it. Once your 309 visa is granted, you have full work rights.
The regulation change allows the Department to grant the 309 visa while applicants are lawfully in Australia. Previously, you had to be outside Australia for both lodgement and grant. Now you only need to be outside for lodgement, eliminating forced separation for visa grant.
Yes, you can include dependent children. Children under 18 cost $2,345 each, and those 18+ cost $4,685 each. You'll need consent from the non-migrating parent or court orders granting permission to migrate.
You must notify the Department if your relationship ends. However, exceptions exist for family violence, death of sponsor, or if you have custody of an Australian citizen/PR child. We can advise on your specific situation.
No. You can apply as either a married couple or in a de facto relationship. De facto relationships generally require 12 months of cohabitation, though exceptions exist for registered relationships or having a child together.
Ready to Start Your Offshore Partner Visa Journey?
Book a free consultation with our registered migration agents. We'll assess your eligibility, explain your options, and provide a clear quote—no obligation.
Or email us at info@m2migration.com.au