Offshore Partner Visa subclass 309/100

What is an Offshore Partner Visa subclass 309/100?

The subclass 309/100 visa is applied for by married or defacto couples who are living overseas (outside of Australia). Your sponsor could be living in Australia when you apply, but you (the applicant) must be overseas when you apply for this visa and you must be overseas when your 309 visa is granted. The good news is that you can be in Australia or overseas when your 100 visa is granted. The 100 visa is the permanent residence visa. 

Eligibility for an Offshore Partner Visa subclass 309/100

You must be married or in a de facto relationship with:

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

Married applicants 

In order to apply for partner visa as a married person, all of the following will apply:

  • You must live with your spouse or not live apart on a permanent basis
  • Your marriage must be valid under Australian law
  • You must usually be aged 18 years or over
  • Your relationship with your spouse must be genuine and continuing
  • You and your spouse must both be committed to a shared life together to the exclusion of all others 

Defacto partners

In order to apply for a partner visa as a defacto partner you must be in a de facto relationship and able to satisfy the decision maker at the Department of Home Affairs that: 

  • You are at least 18 years of age 
  • You are not married to each other (although you may be married to someone else – as strange as this may seem!) 
  • Your relationship is genuine and continuing
  • You and your partner are committed to a shared life to the exclusion of all others
  • You must not be related by family 
  • Must live together or do not live separately and apart on a permanent basis 

To apply for a partner visa on the basis of your defacto relationship, you will generally be required to prove that you have lived with your defacto partner for at least 12 months (as a defacto couple) immediately before you apply for the visa. Different rules may apply to couples who have registered their relationship or to couples who have children together. (See below)

Long term relationship  

Obtaining permanent residence as a partner is usually a two-step process.

Step 1 – Temporary partner visa

Step 2 – Final stage assessment permanent partner visa.

The majority of applicants will be granted the temporary partner visa first and will be eligible to be assessed for the permanent partner visa two years from the initial application. However, if you are in a ‘long-term partner relationship’, the Department may skip the two year wait out and grant you the temporary and permanent partner visa on the same day. A ‘long-term partner relationship’ usually means that you have been in a spousal/de facto relationship for at least three years (or two years if you have a dependent child) at the time of lodgement.

Be the correct age 

  • Married applicants must (usually be 18 years or older when they apply. This is because usually, you must be 18 or older for your marriage to be valid under Australian law. 
  • Applicants in a defacto relationship must be 18 years or older when they apply

Have a sponsor 

You and anyone who applies for the visa with you must have a sponsor when you lodge your application and when you are on this visa. Your sponsor is usually your partner and this must be approved. You can’t change your sponsor. 

Pay your debts to the Australian Government 

If you or your family members (including family members who don’t apply for the visa with you) owe the Australian government money, you must repay or arrange to repay these debts. 

Best interests of the child 

The Department of Home Affairs might not grant this visa if it is not in the best interest of an applicant under the age of 18 years. 

Costs

Department of Home Affairs Fees:

  • Visa Base Charge: AUD 7,715 for the main applicant (this price covers the temporary visa and permanent partner visa 820/801)
  • There is also a fee for any children applying for the visa with you: AUD 3,860 for any child over 18 years and AUD 1,935 for each child under 18 years of age 
  • You may have to pay other costs, including fees payable health checks, police certificates and biometrics

Cost of your partner visa managed by a Registered Migration Consultant at EasiVisa: 

Partner Visa Packages 

With a range of differently priced partner visa packages and payment options, we make your visa journey less stressful and easier to manage. What’s more, our fees can be paid in multiple stages.

Option One – Pre-submission review of your application. (Bronze Package) – AUD $1,000 plus GST.

We will assess your eligibility to apply for a partner visa and provide professional advice on your eligibility. If we feel that you don’t meet the partner visa requirements just yet, we will provide advice and strategies for meeting those critically important requirements. Once we are satisfied that you are eligible we will:

  • Review your partner visa application
  • Point out any errors, omissions and suggest improvements Review your supporting documents
  • Identify gaps in evidence and suggest how these gaps can be filled
  • Offer guidance on how to present your relationship evidence
  • Review your sponsorship application
  • Point out any errors, omissions and suggest improvements

In addition:

We provide you with a login and password to your own EasiVisa online file containing:

  • Interactive document list where you can upload your scanned documents for us to review
  • Information sheets and templates
  • Automated document labeller. The Department of Home Affairs likes you to have all of your documents clearly labelled!
  • Instant messaging window – where we will make comment upon your application and documents
  • GST is not payable if you live overseas.

Option Two – The Partner Visa ONLINE Package (Silver Package) – AUD $2,300 plus GST

Only $2,300 for this very competitively priced online service. As long as you provide the documents and information required through our EasiVisa online portal and use our portal to communicate with us.

The first step, as always, is to assess your eligibility.

  • Identifying any potential issues in advance, including health or character issues, and preparing documents and/or submissions to address these issues
  • Provide guidance on the documents required for your visa application
  • Review your documents and identifying and addressing any gaps in evidence Collating and presenting the supporting evidence
  • Assisting with the completion of forms and statements Drafting supporting submissions
  • Drafting and reviewing your visa application
  • Lodging a complete partner visa application
  • Drafting and submitting the sponsorship application
  • Managing the application through to a decision, including updating the application and responding to any requests from the Department of Home Affairs
  • Exclusively using the portal, which contains instant messaging, means no phone calls, no emails and no face to face meetings. This helps to keep the cost down very significantly, but you still get a top-quality professional service.

In addition:

We provide you with a login and password to your own EasiVisa online file containing:

  • An interactive document list where you can upload your scanned documents
  • Useful guide to preparing a partner visa application
  • Useful information sheets and templates
  • An automated document labeller
  • The Department of Home Affairs likes you to have all of your documents clearly labelled!
  • Instant messaging window – so that we can chat with you about your visa application
  • PAYMENT PLANS AVAILABLE – GST is not payable if you live overseas

Option Three – The Gold Package (the full Monty) – The Partner Visa full Package – Preparation and Submission. AUD $3,600 plus GST

We will assess your eligibility to apply for a partner visa. If you don’t meet the partner visa requirements just yet, we will provide advice and strategies for meeting those critically important requirements. This package includes:

  • Identifying any potential issues in advance, including health or character issues, and preparing documents and/or submissions to address these issues
  • Provide advice on the documents required for your visa application, including continually reviewing documents and identifying and addressing any gaps in evidence
  • Collating and presenting the supporting evidence
  • Assisting with the completion of forms and statements
  • Drafting and reviewing your visa application
  • Lodging a complete partner visa application
  • Drafting and submitting the sponsorship application
  • Unlimited face to face/Skype/FaceTime/WhatsApp meetings and telephone calls
  • Scanning your partner visa documents and uploading the documents to our online portal
  • Providing the Department with a detailed submission letter that shows how you meet the partner visa requirements and provides a detailed review of your relationship evidence
  • Updating IMMI Account every 3 months or so with additional supporting evidence Managing the application through to a decision, including updating the application and responding to any requests from the Department of Home Affairs

In addition:

We provide you with a login and password to your own EasiVisa online file containing:

  • An interactive document list where we/you can upload your scanned documents
  • We can also scan your documents for you
  • Useful guide to preparing a partner visa application
  • Useful information sheets and templates
  • An automated document labeller
  • The Department of Home Affairs likes you to have all of your documents clearly labelled!
  • Instant messaging window – so that we can chat with you about your visa application
  • GST is not payable if you live overseas
  • PAYMENT PLANS AVAILABLE

Eligibility for the permanent Partner Visa (subclass 100)

  • Hold a temporary Partner visa (subclass 309)
  • You must continue to be in a relationship with your spouse or de facto partner. If your relationship breaks down before your permanent partner visa is granted, it is sometimes possible to obtain the permanent partner visa if you have an Australian child or if you have been subjected to domestic violence or abuse by your sponsor. 
  • You are expected to have obeyed all Australia laws whilst holding your temporary visa 

Take our FREE Partner Visa Eligibility Test

 

Would you like to know more about your partner visa options?

If you want a really great visa outcome, make sure that you have an effective visa application strategy. Poor strategies and poor preparation can result in longer than average visa processing times or, worse still – a visa refusal!

Remember the old saying – “By failing to prepare, you are preparing to fail!”

Getting your partner visa application refused can put a huge amount of stress on your relationship; a huge amount of stress on your pocket (appeals are expensive!!) – so it’s important to get it right first time!

You want to get your visa granted. We want you to get your visa granted and we are here to guide you along the pathway to success! Preparation makes perfect!

If you have any questions, or want help getting your visa strategy as good as it can be, get in touch today.

Contact Us

 

Disclaimer: Although we aim to provide accurate information on our website, we do not accept responsibility for errors or omissions. Australian immigration law is constantly changing. Consequently, the information provided on this website must not be used as immigration advice or assistance. There is no substitute for up-to-date advice and assistance from an Australian registered migration agent.

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