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Offshore Partner Visas (Outside Australia)


The Partner Visa (Subclass 309 Visa/100 Visa) is a combined application available to applicants who are currently outside Australia. To clarify, this visa is often interchangeably referred to as a Marriage Visa, De Facto Visa & Spouse Visa. However, regardless of its title, applicants are applying for two connected visa simultaneously, the Subclass 309 Visa (the Temporary Visa) and the Subclass 100 Visa (the Permanent Visa). In most instances, the Subclass 309 Visa will be granted in the first instance with a two year waiting period imposed on the grant of the Subclass 100 Visa (Permanent Visa).

This Partner Visa (De Facto & Spouse Visa) is available to applicants who are either married or in a de Facto relationship with their Australian partner and can show a mutual commitment to a shared life together to the exclusion of all others.

Whether you are applying under the grounds of marriage or in a de facto relationship, common criteria that applies to all applicants includes:

-       Applicants must be outside Australia at the time of applying

-       Applicants must be sponsored by an Australian Citizen, Permanent Resident or eligible NZ Citizen

-       Applicants must be able to demonstrate that the financial aspects, nature of the household, social aspects and commitment to their                Australian Partner is sufficiently evidenced

-       Applicants must be living, or have lived, with their Australian Partners

-       Applicants relationship with their Australian Partners is genuine and on-going

-       Applicants must hold a substantive visa of face being assessed against additional criteria

-       Applicants must satisfy the Health Criteria

-       Applicants must satisfy Character Requirements

Married Applicants
To apply for the Partner Visa (De Facto & Spouse Visa) under the grounds of marriage, you must either be lawfully married in Australia or lawfully married in the country where the marriage was solemnized. A marriage not recognised in the country in which it was solemnized will not be recognised under Australian Migration Law.

De Facto Applicants
To apply for the Partner Visa (De Facto & Spouse Visa) under the grounds of de facto you must have been in a de facto relationship for 12 months prior to applying for the visa unless there are compelling and compassionate circumstances or your relationship is registered under an Australian State/Territory law.