This blog is for you if you are planning to apply for the subclass 309 visa otherwise known as the offshore Partner Visa. I won’t be able to cover absolutely everything there is to know in this post, so think of this more as a complete starter guide.
Like the subclass 820/801 and the subclass 300 blogs, this is also a long one, so grab yourself a cup of tea or coffee before we get into it. I recommend you read the full post, but I have included a table of contents above if you’re looking for a specific section.
What is the subclass 309 visa?
A Partner Visa subclass 309/100 is for anyone who is outside Australia and married to or in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen. You must be outside Australia at time of application, but you can be either inside or outside Australia at time of decision.
The Partner Visa is generally a two stage process, where you’re granted the 309 visa first, and two years after lodging the application, you will be assessed for the visa subclass 100 (which is your permanent residency). I’ll talk more about the 100 visa soon.
So unless you’re in a long term relationship, you will be granted the 309 visa first. This is a provisional visa which allows you to live and work in Australia until a decision is made on your permanent application which is your subclass 100 visa. When you lodge your Partner Visa you submit an application for the visa subclass 309 and 100 together, however the subclass 100 is not assessed until two years after the date you lodged the application.
What is the eligibility criteria for a Partner Visa subclass 309?
It’s important that you understand the eligibility criteria before you apply for a visa subclass 309. It’s not as simple as being in a relationship with an Australian.
Here is some of the criteria you need to meet:
- You must be 18 years or older;
- You must married or in a de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen;
- Your sponsor must not be prohibited from sponsoring you;
- Your sponsor must be 18 years of age;
- You must demonstrate your relationship is genuine and continuing;
- You must meet health and character criteria
Some of the worst advice I’ve seen from people online is that you can just lodge a Partner Visa and then add your evidence as you go. This is such a risky way to go about it because if you’re not meeting certain legal criteria (e.g. demonstrating that you have been in a de facto relationship for 12 months before you lodge), then you’re risking a refusal. If you read my blog on front end loading an application, you’ll know why this is a bad idea.
Some other really bad advice I’ve read online is from people who say you won’t have an issue with getting a Partner Visa just because you’re from a certain country. This advice is just not accurate, it’s not about your country of citizenship, it’s about the evidence you have around your relationship.
This is why an Evidence Planning Session with me is going to help you navigate the ins and outs of your Partner Visa and specifically where we can sit down and come up with a tailored document checklist and strategy for your case.
Health requirements
The applicant (person applying for the visa) must meet certain health requirements. This includes undergoing a health examination. If you’re lodging a visa subclass 309/100, you will be required in most cases to complete your medical examination by a panel physician in your country of residence (or closest country). It’s important to note that you can’t just go to any doctor or clinic to complete a medical examination.
It’s generally a good idea to complete the medical examination right after lodging your Partner Visa (or within a few months). This helps the application become ‘decision ready’, but ultimately it’s a decision you and your partner need to make as visa medicals are only valid for 12 months. So in the scenario where you’ve completed your medical examinations, but it’s been 12 months and a decision hasn’t been made on your Partner Visa, you’ll need to not only complete the medicals again but also pay for them again.
Character requirements
Both the applicant and sponsor must meet the Department’s character requirements. You are both required to provide police clearances for any country you have lived in for 12 months or more over the last 10 years.
Have a read of my blog about character requirements for more information around police checks and character requirements.
What is a de facto relationship?
You and your partner are in a de facto partner relationship if all of the following applies:
- You are not legally married to each other;
- You are committed to a shared life to the exclusion of all others;
- Your relationship is genuine and continuing;
- You live together or do not live separately and apart on a permanent basis;
- You are not related by family
Additionally, you and your partner must demonstrate that you have been in your de facto relationship at least 12 months before the application was lodged. There are exceptions to this rule, so if you haven’t been together for at least 12 months and want to find out more, it’s best to get immigration advice.
Evidencing your relationship for your Partner Visa subclass 309/100
Evidence is key when it comes to your Partner Visa. It can ultimately make or break your application. You must provide evidence to the Department of Home Affairs that your relationship is genuine and continuing. Your relationship will be assessed against four factors (otherwise known as the ‘four pillars of relationship’).
Financial aspects of your relationship
The Department of Home Affairs will want to see how you and your partner share and manage your financial responsibilities. Examples of documents to provide can be:
- Joint bank statements;
- Wills;
- Joint loans and leases;
The Department of Home Affairs will want to see how you and your partner share household chores and responsibilities. Examples of documents to provide can be:
- Household bills;
- Mail sent to your joint address;
- Joint responsibility for any children;
- Statements about how you share your household chores
Social aspects of your relationship
The Department of Home Affairs will want to see how you present your relationship to others and whether it’s known. Examples of documents to provide can be:
- Photographs;
- Witness statements;
- Joint invitations;
- Joint travel
The Department of Home Affairs will want to see how you and your partner rely on each other and whether you view your relationship as a long term one. Examples of documents to provide can be:
- Relationship statements detailing the level of emotional and physical support you provide to one another;
- Any long term arrangements made to care for the other such as superannuation beneficiary documentation, wills, life insurance policies
Cost of applying for the Partner Visa subclass 309/100
The visa application charge for a visa subclass 309/100 is $11,710.
Yep, it’s expensive! So invest in getting the right level of support for your case.
Other costs to factor in before applying for your Partner Visa
In addition to paying the visa application charge, you may also incur other charges for lodging a Partner Visa. You should be prepared for the following costs:
- Police clearance;
- Health examination;
- Translating documents which are not in English
As you can appreciate, lodging an offshore Partner Visa isn’t just about being in a relationship with someone. Not only do you need to make sure that you meet the criteria of either being in a ‘de facto’ or ‘spousal’ relationship, you also need to make sure you’re lodging at the correct time, your sponsor is actually eligible to sponsor you, and that you’re across other requirements such as health and character.
Processing times for offshore Partner Visas
Processing times vary greatly (and often) and are dependent on a number of factors. Processing times at the time of publishing this blog are currently between 12-26 months.
There are a number of factors which help speed up the processing of your application such as:
- Ensuring all relevant documents are provided at time of lodgement;
- Ensuring all forms are completed in full;
- Responding to any requests from Immigration as soon as possible
There are of course scenarios that will see your application processing for potentially a very long time. This includes cases that might require a health waiver or where there are character issues.
For the relatively straight forward applications, the current processing times I’m seeing (at time of writing this blog) are between 8-10 months. The Department of Home Affairs has a guide for the most up to date visa processing times.
What is a long term relationship for the double grant of both the subclass 309 and 100 visas?
Some applicants may be granted their visa subclass 309 and 100 at the same time. You may be eligible if:
- You and your partner have been in a de facto or marital relationship 3 years or more, or;
- Two years if there is a dependent child of the relationship
This is often referred to as a double grant.
Is there an expiry date on my 309 Partner Visa?
An offshore Partner Visa is different to an onshore one in that you actually need to activate the subclass 309 Partner Visa. If your 309 visa has been granted, read the grant letter really carefully as it’s going to contain important information about when you must make your first entry into Australia by.
What’s next after the visa subclass 309 is granted?
So let’s say you’ve lodged your 309 Partner Visa, and it’s been finalised (yay). What’s next? Your 100 Partner Visa application!
I briefly mentioned the visa subclass 100 at the start of this blog, so let’s go further into what it actually is. First thing to know, the process doesn’t end when you’re granted your 100 visa.
If you want to stay in Australia permanently, you need to apply for your 100 Partner Visa.
What is a subclass 100 Partner Visa?
A subclass 100 Partner Visa is the permanent stage to your Partner Visa application. This is the visa that lets you live in Australia permanently.
Unfortunately I’ve seen way too many cases of couples forgetting all about it and ultimately having their 309 wasted. Immigration MUST make a decision on your 100 visa and if you haven’t applied for it, or simply forgotten (as some people do), then you’re putting your 309 visa and all that hard work (and money) at risk.
When can I apply for my Partner Visa subclass 100?
You’re eligible to apply for your subclass 100 Partner Visa 24 months after your visa subclass 309 was lodged, NOT from when it was granted (this is a common mistake).
Some bad advice I see shared online is around the timing of applying. You should apply as soon as you’re eligible. I’ve often seen people say that you need to wait until you’re invited by immigration to apply. This simply isn’t true. Put a note in your calendar and apply after 24 months of when you lodged your 309 visa.
The two years between your first and second stage Partner Visa can feel like an eternity. Fortunately there are a number of things you can do during the two year wait which I’ve written about previously.
How do I make the application for my Partner Visa subclass 100?
You’re going to use your good friend – the ImmiAccount – again to make this application.
What documents do I need for my 100 Partner Visa?
I like to call the 100 Partner Visa process putting together a ‘mini Partner Visa’ because you’re basically putting together a Partner Visa application again.
There are some differences in the forms you need to complete and evidence provided but ultimately you need to demonstrate to the Department that you are still in a genuine and continuing de facto or spousal relationship. We address all of these differences through our step-by-step guides through The Partner Visa Academy. You can also take a refresher on the four pillars of relationship, because it’s important your evidence covers these pillars again.
The takeaway
My takeaway from all of this is that both the Partner Visa subclass 309 and 100 have really stringent criteria. The good news is that you don’t need to pay another fee when you lodge the 100 Partner Visa, but don’t waste the investment you’re making in the visa subclass 309 by making silly mistakes in your application to begin with.
Reach out to us if you want to learn more.
IMPORTANT: Please note, this does not constitute Immigration advice. Always seek advice from a Registered Migration Agent before applying for an Australian Visa. Migration Law is constantly changing. This information is accurate only at the time of publication.
