Subclass 309/100 — Partner Visa (offshore) — immi.wiki

The Subclass 309/100 Partner visa is the offshore pathway for the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to obtain permanent residence in Australia. The applicant must be outside Australia when the application is lodged and when the Subclass 309 temporary visa is granted.

Like the onshore pathway, it is a two-stage process applied for in a single combined application:

• Stage 1 — Subclass 309 (Partner (Provisional)) — the temporary visa; allows the applicant to travel to and remain in Australia while the permanent stage is assessed
• Stage 2 — Subclass 100 (Partner (Migrant)) — the permanent visa; assessed after the required period

The offshore pathway is functionally equivalent to the onshore pathway (Subclasses 820/801) except for the location requirement at the time of application and first grant.

The eligibility criteria mirror those for the onshore pathway:

• The applicant must be the spouse or de facto partner of the sponsoring Australian citizen, permanent resident, or eligible NZ citizen
• The applicant must be outside Australia at the time of lodging the application and at the time the Subclass 309 is granted
• The sponsoring partner must be approved as a sponsor and meet sponsorship requirements (age 18+, no prohibited relationship, no adverse sponsorship history)
• The relationship must be genuine and continuing
• Health and character requirements must be met

Timing of the permanent stage

The Subclass 100 is assessed after the two-year waiting period from the date of application (or immediately in some circumstances where the couple has been together for three or more years and there are dependent children, or the sponsor has Australian citizenship or PR for less than three years).

1. Sponsor lodges sponsorship application — lodged online by the Australian partner.
2. Combined Subclass 309/100 visa application — lodged online via ImmiAccount; the applicant must be outside Australia at the time of lodging.
3. Biometrics and health checks — typically completed in the applicant's country of residence.
4. Subclass 309 grant — if eligible, the temporary Subclass 309 is granted; the applicant may then travel to Australia.
5. Two-year assessment period and Subclass 100 grant — after the required period, the Department assesses the permanent stage and grants the Subclass 100 if the relationship is genuine and continuing.

The Subclass 309 (temporary stage) allows the holder to travel to, enter, and remain in Australia, and to work without restriction during the assessment period.

The Subclass 100 (permanent stage) is a permanent visa with unrestricted work and study rights and a 5-year travel facility.

Family violence provisions

The same family violence provisions that apply to the onshore pathway apply to the offshore pathway: if the relationship ends during processing because of family violence by the sponsoring partner, the applicant may still be eligible for the permanent visa.

Choosing between onshore and offshore

The choice between the onshore (820/801) and offshore (309/100) pathways turns on the applicant's location at the time of lodging the application. Both pathways lead to the same permanent visa outcome. An applicant who is in Australia may use the onshore pathway and does not need to leave to apply. An applicant who is outside Australia must use the offshore pathway; they cannot lodge the onshore application from outside Australia.