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Partner Visa (Offshore) (Subclass 309/100)
The Australian offshore Partner Visa (Subclass 309) — often referred to as a Spouse Visa or Marriage Visa — allows the partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to come and live in Australia on a temporary basis.
Applicants must be outside Australia at the time of lodgement and may remain offshore until the visa gets granted. If the visa is granted, the Applicant can travel and remain in Australia.
The grant of this visa represents the first stage towards obtaining the Permanent Partner Visa (Subclass 100).
To be eligible for the initial application, the Applicant must be legally married to or in a genuine de facto relationship with their Australian partner.
Given the complexity of the Partner Visa process and the numerous eligibility requirements involved, we recommend booking a complimentary consultation with Andreas Athanasiou to discuss your specific circumstances and pathway options.
Eligibility
Eligibility for the offshore Partner Visa (Subclass 309/100) is assessed under the Migration Act 1958 and the Migration Regulations 1994, including Schedule 2 visa criteria, section 5CB and section 5F of the Act, regulation 1.15A, and applicable Public Interest Criteria relating to health and character.
To be eligible to apply for the offshore Partner Visa (Subclass 309/100), the Applicant (the overseas citizen), must:
• Be outside Australia when applying for the Visa.
• Have a Sponsor (who is an Australian Citizen or Permanent Resident) who is their partner.
• Meet the Spousal or De Facto requirements.
• Satisfy the 4 Pillars (evidence of relationship).
• Meet the character requirements.
• Meet the health requirements.
• Have a mutual commitment with each other.
• Be in a continuing and genuine relationship.
The above represent the minimum eligibility requirements. Additional information and documentation may be required from both the Applicant and the Sponsor to confirm overall eligibility and strengthen the application.
For personalised guidance and an assessment of your individual circumstances, you are welcome to contact our office for a complimentary consultation.
4 Pillars of the Relationship
When assessing an offshore Partner Visa (Subclass 309/100) application, the Department of Home Affairs (DHA) evaluates the relationship against four key aspects prescribed under regulation 1.15A of the Migration Regulations 1994, commonly referred to as the Four Pillars of the Relationship:
1. Financial Aspects of the Relationship
Evidence of shared financial responsibilities and commitments, such as joint bank accounts, pooled financial resources, joint loans or liabilities, and contributions to day-to-day household expenses. If the couple is not living together overseas or have any joint financial responsibilities, we can discuss options on how to meet this pillar.
2. Nature of the Household
Proof that the couple shares a genuine household, including joint residential leases, shared utility bills, joint ownership of property, and evidence of shared domestic responsibilities. If the couple is not living together overseas, we can discuss options on how to meet this pillar.
3. Social Aspects of the Relationship
Demonstrating that the relationship is recognised by family, friends, and the community — such as joint social activities, photographs, membership in clubs or organisations, and witness statements or statutory declarations.
4. Nature of the Commitment
Evidence of the couple’s ongoing commitment to a shared life together, including future plans, length of the relationship and cohabitation, travel together, and continued communication during any periods apart.
At Olympus Migration, we understand that every relationship is unique. Even if you have limited evidence under one or more of the pillars, our experienced team can guide you in strengthening your documentation and presentation.
We take pride in lodging decision-ready Partner Visa applications — not only by addressing the required evidence, but by highlighting the small, personal details that truly reflect the authenticity of your relationship.
Relationship Requirements
To be eligible to apply for the offshore Partner visa (Subclass 309/100), a couple must generally satisfy one of the following threshold relationship requirements, as defined under the Migration Act 1958 and the Migration Regulations 1994:
Evidence of a legal marriage; or
Evidence of living together for at least 12 months (either in Australia or overseas); or
Evidence of cohabitation together supported by a registered relationship with the relevant State or Territory Births, Deaths and Marriages (BDM) office.
Note: Overseas and some domestic relationship certificates may not be accepted.
There may be limited exemptions depending on individual circumstances. We always recommend that a couple is married before applying for this visa, rather than try to meet the De Facto criteria, for the offshore Partner Visa (Subclass 309/100).
Please note that meeting one of the above criteria does not in itself establish that the relationship is genuine — it only satisfies the minimum threshold to be eligible to apply for the offshore Partner Visa (Subclass 309/100).
Applicants must also provide sufficient evidence addressing the Four Pillars of the relationship and meet all other requirements outlined under the Eligibility section.
Visa Application Charge
The Department of Home Affairs (DHA) charges an application fee of AUD $9,365 for an offshore Partner Visa (Subclass 309/100).
If dependent children are included in the application, additional DHA fees apply.
In addition to the DHA fee, applicants should also budget for other potential costs, which may include:
• Immigration health examinations.
• Australian police clearance certificates.
• Overseas police clearance certificates.
• Registration of relationship.
• Certified translations of documents.
• Bank or credit-card surcharges.
• Professional fees charged by the appointed Migration Agency.*
*To help reduce financial pressure, Olympus Migration offers flexible payment plans, allowing professional fees to be paid in instalments over a period ofup to 15 months.
After the Visa Lodgement
After the offshore Partner Visa (Subclass 309/100) application is lodged, the applicant may remain outside Australia while waiting for a decision. In the meantime, they may be eligible to visit Australia on another visa, such as a Tourist Visa.
Keep in mind that the likelihood of being granted a Tourist Visa depends on the applicant’s country of passport, as approval rates and risk assessments vary between nationalities.
In certain cases, applicants may also be able to enter Australia on a substantive visa and remain lawfully in the country until a decision on their main application is made.
The Department of Home Affairs (DHA) currently indicates that Partner Visa processing may take up to two years. Processing times are determined entirely by the Department and cannot be influenced by a migration agent. Partner Visa applications prepared and lodged by Andreas Athanasiou are submitted in a detailed, decision-ready format that clearly address all evidentiary and procedural requirements.
After the Visa Decision
If the offshore Partner Visa (Subclass 309) is granted, the Applicant may travel to Australia. Once onshore, they become a temporary resident of Australia until they are eligible for permanent residency (Subclass 100).
During this temporary residency period, the visa holder may live, work, study, and travel freely within Australia and overseas without restriction.
In some cases, the Department of Home Affairs (DHA) may choose to grant both stages — the temporary (Subclass 309) and permanent (Subclass 100) visas — at the same time.
If the DHA grants only the temporary stage (Subclass 309) initially, the couple will need to apply for the permanent stage (Subclass 100) at a later time. This can generally be done two years after the original Partner Visa application was lodged, provided the temporary stage (Subclass 309) has already been granted.
Note: There is no additional DHA application fee for the Subclass 100 stage.
Benefits of this Visa
The offshore Partner visa pathway provides certainty and a clear future together in Australia for couples who are currently living apart or outside Australia. It allows your relationship to be recognised while giving you a structured pathway toward permanent residency and long-term stability.
Once the Temporary Partner Visa (Subclass 309) is granted, you can enter and live in Australia with your partner. You are permitted to work without restriction and are protected by Australian workplace laws, study, and travel freely in and out of Australia. You will also have access to Medicare, ensuring you are covered by Australia’s public healthcare system while you settle and build your life together.
When the Permanent Partner Visa (Subclass 100) is granted, your rights expand further. You receive ongoing access to Medicare, can study in Australia as a domestic student, and may apply for Australian Citizenship once you meet the general residency requirements. You may also be eligible to sponsor certain family members to join you in Australia under applicable visa programs.
Complex Immigration Matters
At Olympus Migration, we understand that not every Partner Visa migration journey is straightforward.
Some applicants face unexpected hurdles that can place their future in Australia at risk. Our team provides urgent, compassionate and highly confidential assistance to individuals navigating complex visa challenges. These matters are often time-sensitive, emotionally distressing and require deep legal knowledge to resolve. We specialise in the following complex services, if you require them:
Family Violence Provisions
Enables eligible offshore Partner Visa (Subclass 309/100) applicants to still be granted their visa if the relationship has broken down due to family violence, ensuring their safety, legal protection and long-term independence in Australia.Sponsorship Limitation Waivers
Allows sponsors who have reached the legal limit of sponsorships to apply for an exemption where compelling or compassionate circumstances exist that significantly impact either the applicant or the sponsor’s wellbeing and future in Australia.Health Waivers
Allows applicants to overcome a visa refusal based on health grounds by proving that any anticipated cost or risk to the Australian community is outweighed by compelling, compassionate or public interest considerations.
Many of these situations are urgent and highly sensitive. You can read more about each of the abovenamed services in our Complex Immigration Services Portal.
Contact us for a complimentary and confidential consultation so we can clearly explain your options and protect your future in Australia.
In the following link, you can view genuine testimonials from past clients and individuals who have received Australian immigration advice from our Director, Andreas Athanasiou. All testimonials are sourced directly from our Google page and reflect consistently outstanding client feedback.
Recent Partner Visa Grants
LGBTQIA+ Couples
Couples who identify as members of the LGBTQIA+ community are equally eligible to apply for Partner Visas under Australian migration law, provided they meet the relevant requirements as either spouses or de facto partners.
At Olympus Migration, we are proud allies of the LGBTQIA+ community and are committed to providing a safe, respectful, and inclusive environment for all clients. Every relationship is treated with equal care, professionalism, and compassion. For more information, click here.
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All communication is handled directly by our Director and Registered Migration Agent, Andreas Athanasiou (MARN: 1685134), ensuring clear, consistent, and expert guidance throughout your matter.
Learn more about Andreas on our About Us page.
In-person consultations are available strictly by appointment at Level 10, 440 Collins Street, Melbourne VIC 3000.
