Applying for a Partner visa from outside Australia (Subclass 309/100)
So you’re madly in love with your Australian partner and you’ve decided to move to Australia and make Australia your permanent home together. Now you need to work out which visa to apply for and if you meet the criteria for the Subclass 309 visa!
Assuming you are unable to travel to Australia on any other visa type you will need to choose between:
a) a Prospective Marriage Visa (Subclass 300 Visa), or
b) an Offshore Partner Visa (Subclass 309 Visa Followed By A Subclass 100 Visa)
If you are considering lodging a partner visa, it is strongly advised that you book a visa consultation with a migration agent or immigration lawyer just to check all your ducks are in a row.
With constant changes to visa legislation and stringent tightening of laws, it is incredibly helpful for you to understand all the complexities of the different visas and how to improve or strengthen your evidence prior to lodging your application.
Where your future is concerned, it’s best to err on the side of caution.
Criteria to meet to apply for a Subclass 300 or 309 Visa
Prospective Marriage visa (Subclass 300)
The subclass 300 Prospective Marriage visa is a visa which allows the fiancé of an Australian citizen, permanent resident or Eligible New Zealand citizen to travel to Australia to marry their fiancé. It is intended for applicants who do not currently meet the criteria for a partner visa and will only do so after they marry their fiancé.
Offshore partner visa (subclass 309 Provisional Partner visa combined with a subclass 100 Permanent Partner visa)
Again there is lots of confusion with the offshore partner visa subclass 309. This visa is also often referred to as a spouse visa, a de facto visa, a marriage visa, a relationship visa or a dependent visa.
Anyone applying for an Australian partner visa from outside Australia must apply for a subclass 309 Offshore Provisional Partner visa combined with a subclass 100 Offshore Permanent Partner visa.
If you have any questions regarding your eligibility for the above criteria, please let us know!
Subclass 309 and 300
The Subclass 309 Provisional Partner Visa ( outside Australia)
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The same criteria must be met as for an onshore subclass 820 provisional partner visa.
Applicants who are married
Applicants who are married can apply for the subclass 309 visa. The marriage must be legally recognised in Australia, and the relationship genuine and ongoing. Marriages include same-sex marriages which are now legally recognised in Australia.
Applicants who are in a long term de facto relationship
Applicants who are in a de facto relationship and who can prove they have lived with their partner for at least 12 months can apply for a subclass 309 Provisional Partner visa.
Applicants in a short term de facto relationship who have registered their relationship
Applicants in a short term de facto relationship can successfully apply for a subclass 309 offshore partner visa, without being able to prove they have lived together for at least 12 months if their relationship is registered on an Australian State or Territory Government Relationship Register.
The Subclass 100 Permanent Partner visa
The subclass 100 Permanent Partner visa is an Australian permanent residence visa and it is no longer a condition of the visa that the applicant is in a relationship with their Australian partner.
The subclass 100 Permanent Partner visa is the second stage of the process to become an unconditional Australian permanent resident for offshore partner visa applicants who initially applied for a subclass 309 Temporary Partner visa. After a qualifying period, subclass 100 Partner visa holders will meet the criteria for Australian citizenship, should they wish to apply.
Disadvantage of applying for a partner visa from outside Australia rather than applying for a partner visa in Australia.
Applicants who apply from outside Australia can only travel to Australia with full work rights after their partner visa is granted.
Enjoy Peace of Mind with our No Visa, No Fee Guarantee
Our personal experiences with Australia’s partner visa application process have made us more dedicated than ever to minimise the stress and guesswork often associated with the application process by our clients. Our No Visa, No Fee Guarantee is designed to provide you with peace of mind as the combination of our technical skills and knowledge as migration agents and immigration lawyers, along with our enviable success rate ensures your application is ‘decision ready’ when it is submitted and has a high chance of success. In the unlikely event that your application is rejected, we will refund our professional fees in full.