AUSTRALIA PARTNER VISA
You may be eligible for a partner visa if you are in a De Facto relationship or married to an Australian Citizen, Australian permanent resident or eligible New Zealand citizen.
To satisfy criteria for offshore partner visas the relationship should be genuine. The couple should demonstrate and show evidence they are in this for the long haul! Partner visas are available to both opposite sex and same sex couples. In some cases there are exemptions or waivers to the regulations depending upon your personal circumstances.
Understanding the complexity of migration law is paramount. We apply current migration law and regulations in relation to your individual circumstances to ensure a successful partner visa application. The team at Oz Visa are trained and qualified to respond to your queries.
No matter how complex your situation may seem, we offer REAL solutions.
PARTNER VISA - AM I ELIGIBLE
A New Life & A New Chapter
The offshore Australia Partner visa (subclass 309/100) permits the holder to come in Australia with the intention to reside with their spouse or defacto partner and start a new life. The initial temporary visa is a pathway to Permanent Residency (PR) and Citizenship in Australia subject to eligibility
Prior to lodgement of your partner visa, it is necessary to show evidence of your shared life and genuineness of your relationship. Evidence such as: financial aspects, commitment to one another, shared living arrangements and social recognition of your relationship are essential criteria which should be met.
As professionals in the field, the team at Oz Visa are qualified to advise and assist you throughout the whole visa process, from start to finish! We advise how you could formulate the evidence to demonstrate your relationship and commitment to each other.
The 12-month cohabitation requirement for partner visas may be waived if the couple has had the opportunity to registers their relationship in Australia. Do bear in mind however, if you register your relationship this may limit your options further down the line. Marriage will also grant you an opportunity to circumvent the 12 month defacto requirement.
If you do plan to get married or register your relationship it is important that this event 'fits' into your relationship timeline. Get this important aspect of your relationship timeline right, it will save you much bother down the line.
In some instances you may apply for the permanent 100 partner visa without the obligatory waiting period. This exemption applies to applicants with children or if the couple have been together for quite some time (long term relationship).
For partner visas it is wise to plan in advance to ensure both the sponsor and applicant are eligible to make a successful visa application. As Registered Migration Agents we are aware of the process, criteria and good time management required to submit applications with adequate evidence & detail. For this class of visa we have 100% success rate, let us help you too!
At Oz Visa the team are qualified to advise you and manage your partner visa application. Make an appointment today and discover your options.
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PARTNER VISA CHECKLIST
Below is a checklist of forms and evidence you may be required to include with your offshore partner visa application. The list is not exhaustive, however we will ensure you receive an up to date version taking into account the latest legislative changes.
Application Forms
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Form 47SP Application for migration to Australia by a partner
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Form 40SP Sponsorship for a partner to migrate to Australia
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Form 80 - Character Assessment
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(Ensure you use the latest & up to date forms)
Visa Application Charges - VAC
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Online DHA charges will incur additional fees when paying by card.
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Invalid Charges could lead to your application being rejected.
Personal Documents
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Certified copies of your passport
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Two passport-sized photos
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Certified copy of your birth certificate
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National identity card (if applicable)
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Certified copy of a name change (if applicable)
Relationship Documents
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Certified copies of marriage or relationship registrations
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Certified copies showing terminations of any previous relationships
Health and Character
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Health identifier if required to undergo health examinations
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Evidence of an Australian Federal Police National Police Check
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Police certificates from any country you’ve lived for more than 12 months since turning 16
Sponsor Requirements
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Evidence that your sponsor is an Australian citizen or permanent resident, or an eligible citizen of New Zealand
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If your sponsor isn’t a citizen, evidence that they usually live in Australia.
Relationship Evidence
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Evidence of relationship to include: photographs, relationship statement, Statutory declarations, joint lease agreements, joint bank accounts, joint utilities etc
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Relationship Statements confirming how you met and your plans going forward.
OFFSHORE PARTNER VISA
Most popular visa subclass when your partner/spouse is outside Australia. The application usually involves a two stage process. Initially the applicant applies for temporary subclass 309 visa. Upon grant the holder can travel to Australia to reside with their Australian sponsor. The permanent, final stage subclass 100 visa will then be decided by the department.
Partner Visa | Sponsor
An Australian Citizen, permanent resident or eligible New Zealand resident is required to sponsor the applicant. The applicant must be outside Australia when making an application for this visa.
Sponsor is required to meet character criteria & provide AFP police clearance certificate at a minimum.
Features
• Live, work or study in Australia
• Dependent children may be included
• Open to LGBT & opposite sex couples
• Applicant must be outside Australia
Criteria Includes
• 12 Month DeFacto relationship
• Relationship registered
• Police Clearance certificate
• Friends or relatives statutory declaration
• Medical assessment
PARTNER VISA OPTIONS
Australian Partner Visa Options
Is this offshore partner visa not for you?
Don't worry, we have the perfect Visa For Two!
All visas in the Australian Immigration program are open to opposite sex and the LGBT community including partner & marriage visa options.
Follow the links to access information in regard to various Partner Visas options:
PARTNER VISA FAQ
Below is a selection of our most frequently asked questions in regard to Australia Partner Visas. The topics and answers are general in nature and should not be regarded as specific to your circumstances. Always speak with a Professional & Registered Immigration Consultant.
Contact Oz Visa if you cannot find the answer to your query.
Q Who May Apply For Offshore Partner Visa?
You may be eligible to apply for an offshore Partner visa 309/100 if you can satisfy the requirements which includes the following:
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Applicant must be over 18 years of age
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You both have been together for 12 months or more (DeFacto)
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DeFacto requirement may be waived if the relationship is registered
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Marriage must be recognised under Australian Law
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Relationship should be genuine and continuing
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Mutual commitment to a shared life - to the exclusion of all others
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Shared life including financial & social commitments
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Health and character requirements
Q What Is The Difference Between Onshore or Offshore Partner Visas?
Main difference between these visa types is where the applicant should be located when the papers are lodged with the department of immigration.
• Onshore Partner Visa: Applicant must be in Australia - Subclass 820/801
• Offshore Partner Visa: Applicant must be outside Australia - Subclass 309/100
Potentially the visa application may be rejected if the above requirements are not met.
Q Is My Partner Eligible To Sponsor Me?
Visa sponsor must be over 18 years of age. To be eligible the sponsor should meet one of the following criteria.
Must be:
• An Australian Citizen
• An Australian Permanent Resident
• An eligible New Zealand Citizen
There are limitations in regard to sponsors for Partner Visa. If the sponsor has sponsored or being sponsored in the past this may lead to difficulties. Please call us for detailed information.
Q What Are Visa Processing Times?
Partner visa applications processing times tend to vary, at present the wait time has increased probably due to staff shortages at DHA processing centres.
Quality of the evidence, submission documents and correct, logical filing will influence how quick the department finalises you visa application.
Unfinished and incomplete documents add to the frustration of the case officer; these applications usually take longer to process or may be rejected. In limited circumstances applicants qualify for expedited decisions - Ask Us How
Q We Are A Same Sex Couple, May We Apply?
Offshore Partner Visas are open to gay/same sex/LGBTIQ couples. Defacto criteria should be satisfied in order to lodge a successful visa application.
Australian Federal Law now recognises gay marriage and civil unions. Same sex couple who are married are not required to provide 12 month defacto evidence.
Q Does The 309/100 Visa Allow Me to Work?
When a Partner visa is granted there are many benefits to the holder:
• Apply for Australian Citizenship
• Unrestricted work rights in Australia
• Study in Australia
• Travel abroad - 5 year travel rights
• Include dependent children or family members
• Enrol in Medicare
• Sponsor other family members to work in Australia
Q My 5 Year Travel Rights Have Expired?
PR visa grant stage you automatically become A Permanent Resident of Australia. This comes with 5 year travel rights from date of visa grant. If your 5 year period has expired or is about to expire you may be eligible for following options:
• Apply for Australian Citizenship
• Resident Return Visa (RRV)
If your 5 year travel rights is close to expiry please ensure you make necessary arrangements before you depart Australia. You may have difficulty returning to Australia if your travel rights have expired.
Q What Are Department Application Charges?
DoHA application charges for309/100 offshore parter visa as follows:
• VAC | $8850.00 | Primary Applicant
VAC - Visa Application Charges are generally increased at the start of each financial year.
Q We Want To Make Our Own Partner Visa Application, Can We Do This?
Yes, you can make your own visa application with your partner/sponsor, if you feel competent. There are resources online to assist you; a good place to start is the Government DHA website:
Keep an eye on the website for changes to immigration law and regulations, it is important your Partner Application is up to date with any legislative amendments that may impact your situation..
Q Do I Need Garda Police clearance?
Yes, assuming you have resided in Ireland for over 12 months in the last 10 years.
Q How Long Is The Visa Valid For?
Offshore 309/100 Partner visas are permanent visas - the applicant (if successful) will be granted full residency in Australia; with 5 year travel rights.
Q We Are In DeFacto Relationship But Mostly Live Apart?
It is not necessary for grant of visa that you must have lived together the whole time. It is important howevere you set out why you have been living apart and this would not be the intention, long term.
Good & accurate evidence is required with your application to ensure the Department understands your circumstances.
Q We Have Questions About Prospective Marriage Visa?
Subclass 300 Prospective Marriage Visa is applicable to offshore applicants. Please go to our dedicated Prospective Marriage Visa page for more details: Click HERE
Q We Plan To Register Our Relationship?
This may be an option to demonstrate commitment in your relationship. Be mindful however, this may also limit your options going forward. Call us for advice prior to registering your relationship or getting married.
Q 2023 | What Is New About Partner Visas?
2023 - Sponsor legislative restrictions
2023 - English language requirements (applicant & sponsor)
2024 - Expected Government price increase.
Q What Bridging Will I get When Applying For Offshore Partner Visa?
As this is an offshore visa application, a bridging visa will not be issued. The applicant will be offshore when making an application.
Q My Current Visa Has An 8503 Condition, Can I Apply For Partner Visa?
Offshore applicants are not restricted by 8503 condition.
Q We Intend to Get Married, Am I Eligible To Apply For This Partner Visa?
Marriage will satisfy criteria for this visa. The marriage should take place prior to visa lodgement.
Q My Previous Visa Was Cancelled, Am I Ok To Make A Partner Visa Application?
Previous visa cancellation or refusals are referred to as "s48 Bar' and only applies to onshore applicants. This s48 bar will not prevent offshore applicants making further visa applications.
You will need to provide an explanation of your previous cancellation or visa refusal.
Q Can I Apply For 309/100 Visa At The Same Time?
Yes! The regulations allow for a combined partner visa application for subclass 309/100. This will save you time, money and much stress.
Q Our Previous Partner Visa Application Was Refused?
Offshore applicants are not barred from making further visa applications. In some cases a decision to refuse your application may be appealed to the AAT.
Q Can I Include My Family Members?
Yes you may include eligible family dependents in your partner visa application.
Q Do I Need To Complete A Health Assessment?
Yes. You must complete a health assessment. You will be advised of this requirement by your migration agent. You must arrange the health assessment with a DHA provider and present your HAP ID.
Family members whether they are migrating with you or not may also be required to undergo a health assessment.
Q Do I Need To Provide Biometrics?
You may be requested to provide biometrics such as: fingerprints, facial recognition, voice, iris scan etc. The test is conducted in your home country (not applicable to Irish passport holders).
Q I Am Subject To Family Violence But My Visa Is Not Decided?
An applicant can seek protection under Australian Law if you are in Australia. In most cases you may be eligible for visa grant even if you no longer reside with the sponsor.
Contact us for urgent advice.
Q I Want To Deal With A Reputable Company?
For your peace of mind and in the knowledge that you are dealing with a Registered Migration Agent always consult with the OMARA Register to ensure your professional is licensed. The register is updated regularly and is spearheaded by the Australian Government: MORE
Q We Have More Questions About Partner Visas?
Call us anytime! Each day people like you turn to us for expert advice. No matter how complicated your case may seem we offer real solutions, customised to your circumstances!
Police Certificates
Obtain Garda and international police certificates from a reputable provider. Third party police certificates will be rejected by Australian Immigration.