Australian Partner Visa (Offshore) (309/100)

There is a substantial difference between being a Married, a De Facto or an Engaged couple. This can be rectified depending on your circumstances.

If an Applicant and a Sponsor have been part of a valid marriage in Australia or overseas, they are considered a Married Couple, and may therefore be eligible for an onshore Partner Visa (Subclass 820) or an offshore Partner Visa (Subclass 309). They are not able to apply for a Prospective Marriage Visa (Subclass 300).

If an Applicant and a Sponsor have been living together for at least 12 months, or have registered their relationship with an Australian State or Territory (except W.A. and N.T.) then they are considered a De Facto Couple, and may therefore be eligible for an onshore Partner Visa (Subclass 820) or an offshore Partner Visa (Subclass 309). They are not able to apply for a Prospective Marriage Visa (Subclass 300) unless they are actually Engaged.

If an Applicant and a Sponsor, neither of whom are currently married, provide a letter from an Australian Marriage Celebrant confirming that they have provided a Notice of Intended Marriage (NOIM) and they are planning to get married, then they are considered an Engaged Couple and can apply for a Prospective Marriage Visa (Subclass 300).

You can find out more in our dedicated video explaining this in our Video Library.

If the Sponsor is an 'eligible' New Zealand Citizen, then they can be the Sponsor for any of the abovementioned Partner Visas (or the Prospective Marriage Visa).

An 'eligible' New Zealand Citizen is a New Zealand Citizen who falls under one the following categories:

• Was in Australia on the 26th of February 2001 on a Special Category Visa (SCV); or
• Was in Australia for 12 months between the 26th of February 1999 and the 26th of February 2001 on a Special Category Visa (SCV); or 
• Was residing in Australia on 26 February 2001 but were temporarily absent; or
• Has been assessed as a 'Protected SCV Holder' by Centrelink.

If the New Zealand Citizen does not meet any of the criteria above, then they cannot sponsor in the Partner Visa streams above, but they may be able to sponsor their partner on a New Zealand Citizen Family Relationship Visa (Subclass 461), which is a 5-year Temporary Visa. More information can be found in the NZ Portal.

You can add the Applicant's Children to Partner Visa application, in some circumstances, whether they are also the Sponsor's children or not.

However, when applying for an onshore Partner Visa (Subclass 820), they must also be in Australia.

If you are applying for an offshore Partner Visa (Subclass 309) or a Prospective Marriage Visa (Subclass 300), they must also be overseas.

Family members who are included in the Visa may also need to meet the DHA’s Health and Criminal History requirements.

Same-sex couples and couples that identify as members of the LGBTQIA+ community are able to be Applicants and Sponsors for the Partner Visa program.

They are able to apply as Married, De Facto and/or Engaged Couples for any of the Partner Visa streams that they are eligible for.

Andreas Athanasiou, the Director of Olympus Migration, has lodged numerous Partner Visas and Prospective Marriage Visas for Same-Sex Couples and members of the LGBTQIA+ community.

We are allies of the LGBTQIA+ community. You can read more about it here.

It is common for many Australian Citizens to not have a current Australian Passport. In addition, Australian Permanent Residents or eligible NZ Citizens can not have an Australian Passport.

All that would be required is evidence of their Australian Citizenship or Permanent Residency. This could be done in a number of ways, using an acceptable combination of the following documents (not all documents are required - usually just 2-3 will be enough):

For Sponsors who are Australian Citizens:

• Australian Birth Certificate.
• Expired Australian Passport.
• Australian Medicare Card.
• Australian Drivers Licence.
• Australian Citizenship Certificate.

For Sponsors who are Australian Permanent Residents or eligible NZ Citizens:

• Overseas Passport.
• Australian Medicare Card.
• Visa Grant (of Permanent Residency).
• Australian Drivers Licence.
• VEVO Check.

If the Sponsor of a Partner Visa or a Prospective Marriage Visa has Sponsored someone else in the past, there may be Sponsorship Limitation issues you will need to know about.
 

It is very important to note that you can only Sponsor two approved Partners in your lifetime.
 

In addition, if you have only sponsored one time, you must ensure that at least 5 years have passed since you have submitted your first Partner Visa Sponsorship.
 

Sponsors who previously were approved Partner Visa applicants themselves in the past cannot sponsor their new spouse until at least 5 years have passed since their own Visa application was submitted. 

Waivers for such restrictions can be made under certain circumstances. The threshold to get a Sponsorship Waiver is extremely high, and we strongly suggest you book a complimentary consultation with Andreas Athanasiou to get a full assessment of your eligibility and chances.

Applicants must be of good character to visit or live in Australia. This means you must pass the character test, and remain of good character.

The character requirements are set out under Section 501 of the Migration Act 1958. The DHA refers to this section to determine whether you are of good character.

You must always disclose all of your criminal history when applying for a Visa. 

If you fail to disclose anything that may be on your record, and your application is approved, the DHA may cancel this Visa, or any future Visas when they find out.

The Sponsor's Criminal History may be relevant, depending on the circumstances. Your appointed representative can confirm this with you.  

Australia enjoys some of the best health standards in the world. To maintain these standards, most Visa Applicants must meet the minimum health standards before the DHA will grant them a Visa. 

Your appointed representative will confirm with you whether you (and any secondary applicants) will need to undertake a Health Examination, and can provide you with your DHA-issued reference, which is called a HAP ID.

If you are in Australia, it is likely you will need to undertake a Health Examination with Bupa Medical Visa Services.

If you are overseas, the DHA has a list of approved Panel Physicians or Clinics you must visit.

The Australian Government has Zero Tolerance for Domestic and Family Violence against anyone, including permanent and temporary visa holders.

You do not need to remain in an abusive relationship in order to stay in Australia.

If you have experienced domestic and family violence (family violence), and you are no longer in a relationship with your sponsor, you may be able to be considered for the Family Violence Provisions (FVP) under the Migration legislation. 

You may be eligible for a pathway to a Permanent visa if any of the following apply to you:

• You have been granted a Partner Visa (Subclass 820).
• You have been granted a Partner Visa (Subclass 309) and entered Australia on this visa or you were in Australia when it was granted (under a COVID-19 concession).
• You have been granted a Prospective Marriage Visa (Subclass 300) and entered Australia on this visa and married the Sponsor.
• You have applied for a Partner Visa (Subclass 820) and no decision has been made yet.
• You have applied for a Partner Visa (Subclass 309) and no decision has been made yet and you are in Australia and you are eligible for the grant of the Visa in Australia (under a COVID-19 concession).

The Family Violence, or part of the Family Violence, must have occurred while your relationship existed with your Sponsor (or alleged perpetrator). 

The Family Violence you have experienced must have been perpetrated by your Sponsor.

The threshold to satisfy the Family Violence Provisions is high, and we strongly suggest you book a complimentary consultation with Andreas Athanasiou to get a full assessment of your eligibility and chances.

The 5 most common reasons for offshore Partner Visa refusals are as follows:

• Lack of evidence when trying to prove a genuine and committed relationship.
• Failure to respond to Requests for More Information (RFIs) from the Department of Home Affairs (DHA).
• Failure to meet the Character Requirements.
• Not providing enough evidence of communication between the couple in the right format.
• Applying as a de facto couple without meeting the criteria at time of application.

You can find out more in our dedicated video explaining this in our Video Library.