Australia Offshore Partner visa (subclass 309 & 100)

This is a temporary visa for a partner of an Australian citizen, permanent resident or eligible New Zealand citizen. It is usually valid for two years.

This is a permanent visa for a partner of an Australian citizen, permanent resident or eligible New Zealand citizen.

Before making an application for an offshore partner visa, it’s important to confirm that you meet the requirements set out by the Department of Home Affairs. The information below should provide you with a general indication of what is required.

Below is a list of what you can do with each of the different partner visas:

Partner (Provisional) visa (subclass 309)

• travel to and stay with your partner in Australia until a decision for a permanent visa has been made
• work in Australia
• you may study in Australia, however you will not have access to government funding, you will be considered an international student and will be required to pay international fees upfront for tertiary study
• enrol in medical benefits expenses and the hospital care scheme

Partner (Migrant) visa (subclass 100)

• stay with your partner in Australia on a permanent basis
• work or study in Australia
• enrol in medical benefits expenses and the hospital care scheme
• you will become eligible for certain social security payments
• you can apply to become a permanent citizen of Australia (subject to residency eligibility criteria)

Applicants who are sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen and who are located outside Australia at the time of application can apply for the offshore partner visa.

What is required to apply?

You must be able to demonstrate that you meet the eligibility criteria specified by the Department of Immigration. If you are unsure of your eligibility for the offshore visa, you can complete a no obligation partner visa assessment.

Meeting the visa application requirements

If you apply for this visa it is your responsibility to provide adequate evidence of a genuine relationship. If your case officer is unsatisfied with the evidence or quality of the evidence provided, you may be subject to a visa refusal. In this case, your application fee will not be refunded.

Producing an incomplete or insufficient application will often result in a visa refusal. If you are unsure of what is required to make a successful visa application it’s highly recommended to seek advice from a registered Australian migration agent.

Sponsor eligibility

Usually your sponsor will be your partner. An eligible sponsor must be an Australian citizen, permanent resident or an eligible New Zealand citizen.

Married applicant requirements

It is required under Australian law that your marriage is legal. A marriage in a country other than Australia will generally be accepted as legal if the marriage is valid in that country.

Under age, polygamous and same-sex marriages are not accepted in Australia, however same-sex couples will be considered as a de facto relationship for the purposes of this visa.

De facto applicant requirements

To be eligible for a de facto visa, you must be at least 18 years old at the time the application is submitted.

The relation between your partner and you must not be family orientated. This means that you must not:

• be a relative of one another i.e. descendant or ancestor
• have the same parents

If you apply for an onshore partner visa there are two main categories your application will fall under – a married application or de facto application. Ensuring that you meet the criteria for the application category you fall under will help you achieve a successful outcome.

Married application

You must be able to prove to the government that your marriage is legal. Same-sex, under-age or polygamous marriages are not legal in Australia.

De facto application

You must be able to prove that your relationship is genuine and ongoing. Detailed information about the relationship criteria for this type of application is listed under relationship requirements

Married relationship requirements

In a married relationship, it is required that you and your partner can demonstrate that your relationship excludes all others and that you have a mutual commitment to each other. You and your partner will be required to live to together on an ongoing basis, any separation between you and your partner can only be temporarily i.e. a business trip or family visit abroad.

There are some exceptions to this. In certain cases, you may still be considered eligible to apply for, continue being an applicant or be granted a visa in Australia if:

• the relationship between you and your partner ends and both of you have custodial rights under the Family Law Act 1975 over any children under 18 years old
• your partner passes away, and you are able to prove that your relationship with your partner would have been continuing had your partner not passed away and you have been able to develop close ties with Australia

De facto relationship requirements

You and your partner must have been in a de facto relationship for at least 12 months prior to making the application.

The one year relationship requirement may not apply if the applicant can establish that one of the following circumstances exists:

• you are able to demonstrate compelling and compassionate circumstances, such as if you and your partner have children together
• you are able to demonstrate that all of the following apply:
  • your partner currently holds, or did hold, a permanent humanitarian visa
  • before your partner’s permanent humanitarian visa was granted, you and your partner were in a relationship that meets the requirements of a de facto relationship
  • the Department had been informed of this prior to granting the permanent humanitarian visa

You and your partner must have a genuine and continuing relationship and show a mutual commitment to a shared life together, to the exclusion of all other. You and your partner must be living together on a permanent basis, or, if not, any separation must be on a temporary basis only.

For the initial visa you will be required to undergo a health examination, however if an examination has already been carried out you are not likely to have to undergo further examinations.

The health examination is essential because it:

• helps reduce and constrains public spending on health and community services, which also affects social security, pensions and allowances
• reduces the threat of the Australian community being exposed to potential health risks and illnesses
• improves access to health care and community services in short supply

Generally all visa applicants must meet the health requirements, and sometimes their dependants must also meet the requirements, regardless of whether they are migrating to Australia.

In certain cases where a condition or disease has been identified which requires a follow up medical check, you may be required to sign a Medical Officer of the Commonwealth (MOC). In this case you will need to sign a Health Undertaking to meet the health requirement.

Every visa applicant is required to meet the character requirements set out by the Department of Immigration before entering Australia.

To be considered good of character, you will be asked to provide police clearance certificates for every country that you have lived in for 12 months or more in the last 10 years since turning 16 years of age.

The information provided below is intended to assist with preparing the correct documentation in support of your prospective marriage visa application. The Department of Home Affairs may request additional information after your application has been made.

Note: Original documents should only be supplied on request (penal clearance certificates must be original), and all foreign documents must be translated, preferably by an accredited translator.

Proving your identity

You must be able to prove your identity by providing a certified copy of your birth certificate. If you do not have one, you must provide certified copies of the identity pages of at least one of the following:

• passport
• family book showing both parents’ names
• ID documentation provided by the government
• document issued by the court that verifies your identity

Evidence supporting your relationship

You will be asked to provide evidence that you have met in person and that you plan to marry. Evidence may include photos, witness statements, letter from celebrant, and NOIM form.

Health and character clearance

You will be required to undergo a health examination, as well as provide original penal clearance certificates for countries you have lived in for 12 months or more in the last 10 years.

Document translation

The Department of Home Affairs only accepts documents that are translated into English. It is therefore your responsibility to ensure that documents are accurately translated.

Statuary declarations

Only certain people can witness a Commonwealth statuary declaration. If you cannot find a suitable person, all departmental offices outside Australia have facilities to witness statuary declarations, although you may be charged.

Sponsor obligations

The sponsor must sign a sponsorship undertaking if you wish to sponsor your partner’s visa application.

After signing the sponsorship undertaking, the following applies while your partner is in Australia on this visa:

• you will be fully responsible for any financial obligations to the Australian government that your partner may incur
• in order to meet your partner’s reasonable living needs, you are required to provide satisfactory accommodation and financial assistance following the grant of their temporary Partner visa (usually a two year period).
• you will provide any support required to enable you partner to take part in English lessons
• you must provide any advice which will help your partner settle in Australia i.e. employment opportunities
• in the case that your relationship comes to an end or you stop supporting your partner before the application is finalised, you must notify the Department of Immigration immediately

Applicant obligations

Provided you are 18 years or older, you will be required to sign an Australian values statement. This statement is included in your visa application form. All applicants which are 18 years or older with be required to sign this form in order to confirm that you will respect the Australian way of life and Australian law.

Before signing this document, it is required that you have read, or have had explained to you the book on Life in Australia, which is provided by the government.

Dependence on social security

If by assessing your situation, the Department of Immigration foresees that you, your sponsor or any accompanying dependent family members are likely to be high users of the social security system, you may require an Assurance of Support (AoS) from a permanent Australian resident or Australian citizen.