Partner visa offshore (309 and 100)

The Partner visa offshore (309 and 100) allows the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen (ENZC) to live in Australia.

The temporary Partner (Provisional) visa (subclass 309) is granted first and lets you stay in Australia while the permanent Partner (Migrant) visa (subclass 100) is processed.

Partner visa (temporary) 309:

• Sponsor must be Australian citizen, permanent resident or eligible New Zealand citizen (ENZC) and over 18 years old
• Sponsor must not be prohibited from sponsoring
• Be in a genuine and continuing relationship with Australian citizen, Permanent Resident or eligible New Zealand citizen citizen de facto partner or spouse and over 18 years of age OR if not sponsored by parent or guardian of the spouse
• Must be outside Australia at time of application and time of decision
• Meet health and character requirements

Partner visa (Permanent) 100:

• Applicant holder of Partner visa (temporary) 309
• Spouse or de facto of the sponsoring partner
• 2 years have passed since the application for Partner visa (temporary) 309 was made unless in a long term relationship (at least 3 years’ relationship or 2 years’ relationship if there is a dependent child of both the applicant and the sponsor)
• May be inside or outside Australia at time of decision
• Meet health and character requirements

Proof of your relationship

You need to show you are in a continuing relationship with your sponsor.

If you are married, provide your marriage certificate or other evidence that your marriage is valid in Australia. If you are a de facto partner, provide proof of your de facto relationship.

This proof should show that:

• You have a mutual commitment with your spouse of de facto partner to the exclusion of all others
• Your relationship is genuine and continuing
• You either live together or don't live permanently apart
• You are not related by family

Four pillars of Partner visa

1. Financial aspects of the relationship

• Evidence that you have joints assets and liabilities such as joint bank accounts, credit cards, shares, stocks, bond, etc, joint ownership of real estate, evidence that you share financial commitments such as utility bills, rent and joint health insurance policies

2. Nature of the Household

Demonstrate that you have joint responsibility for your household. You could provide

• A statement about how you share housework
• Household bills in both names
• Mail or emails addressed to you both
• Documents that show joint responsibility for children
• Documents that prove your living arrangements

3. Social aspects of the relationship

• Evidence that others know about your relationship
• Evidence that the relationship has been declared to other government, public or commercial bodies
• Stat declaration form 888 from parents, family members, relatives or friends
• Joints travel plans for future

4. Nature of Commitment

The mutuality of the relationship is determined by

• Evidence of the duration of your relationship
• Length of time you have lived together
• The degree of companionship and emotional support that you draw from each other
• Knowledge about each other’s’ background and family
• Evidence of intentions that the relationship is long term for example by being beneficiary to each other’s will