Offshore Partner Visa (Subclass 309 and 100)
Offshore Partner visa (subclass 309 and 100) allows individuals who are a spouse or a de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, to come and live in Australia.
309 Partner (Provisional) visa is granted first to allow the applicants to come and live in Australia until they become eligible for 100 Partner (Permanent) visa.
If you have been in a long-term relationship before you lodge your application, the permanent subclass 100 visa may be granted immediately after the provisional subclass 309 visa. Contact Hummingbird Legal to discuss whether you are eligible.
While you are on the 309 Partner (Provisional) visa, you can come and stay in Australia until a decision is made on your 100 Partner (Permanent) visa, work in Australia, study in Australia (no government support), travel outside Australia as many times as you want, access MEP free English language tuition and enrol in Medicare, the Australia’s national health scheme.
You must be married or in a de facto relationship with:
- an Australian citizen
- an Australian permanent resident
- an eligible New Zealand citizen.
If you are married, your marriage must be valid under Australian law. This means you must have parental permission if you are 16 or 17 years of age.
If you are in a de facto relationship, 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 compelling and compassionate circumstances exist to grant the subclass 309 visa.
The 12-month requirement also will not apply if:
- your partner holds or held a permanent humanitarian visa; or
- you have registered your relationship with an Australian authority such as a registry of births, deaths and marriages
You must be sponsored by an eligible sponsor. An eligible sponsor is an Australian citizen or permanent resident or an eligible New Zealand citizen, who undertakes sponsorship obligations. The sponsor is usually your partner who is over the age of 18.
You must live with your spouse or do not live apart on a permanent basis and you and your spouse must both be committed to a shared life together to the exclusion of all others.
You must also show that your relationship is genuine and continuing in light of the following four aspects of relationship:
- Financial aspects of the relationship
- Nature of the household
- Social aspects of the relationship
- Nature of the commitment
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