Offshore Partner Visa | Tips On 309 Visa Application

Offshore Partner visa or Partner (Provisional) Class UF Subclass 309 visa: Tips on successful visa application

If you are an over 18 Australian citizen or permanent resident or an eligible NZ citizen and you married your partner, you may be able to sponsor him or her to live in Australia on an Offshore Partner visa. Both of you must be at least 18, or if between 16 and 17, must have parents’ or guardians’ permission, and not related by blood.

You may include your children in a combined application. Your spouse or de facto partner must not have been charged or convicted of a registrable offence (click here to learn more about reg. 1.20KB sponsorship limitation).

Offshore partner visa allows you to sponsor your partner whom you have married outside Australia to live here. Your marriage must be valid and both of you must genuinely intend to live as spouses or partners (de facto) to be eligible for the Offshore Partner visa.

If you and your partner are not married but are in a de facto relationship, your relationship must have existed for at least 12 months before applying for the Offshore Partner visa. Alternatively, both of you must register your domestic relationship in an Australian state or territory.

Before your partner can apply for the Offshore Partner visa, you must lodge a sponsorship application. The Department of Immigration (Department of Home Affairs) can refuse your sponsorship application if:

1. in the last 5 years you have sponsored another partner (click here to learn more about reg. 1.20J); or
2. you holds a Subclass 143 (click here to learn more) visa or Subclass 864 visa (click here to learn more) you, and your partner have previously been married or in a de facto relationship in the last 5 years and there were no compelling reasons (other than financial) why both of you did not apply at the same time (click here to learn more about reg. 1.20KA; or
3. you were charged with registerable offence (click here to learn more about reg. 1.20KB); or
4. you were charged with a relevant offence against a law in any country involving violence, harassment, molestation, intimidation or stalking, breach of AVO, firearms or other dangerous weapons, people smuggling, human trafficking, slavery (including forced marriage), kidnapping or unlawful confinement or attempting to commit any of these offences or aiding or abetting, counselling or procuring the doing of any of these offences (click here to learn more about reg. 1.20KC). As a sponsor, you consented to the Department of Immigration to disclose to your partner of any conviction for any of this offence unless the conviction has been nullified or pardoned or quashed – which is taken that you have not been convicted of the offence.

You must satisfy the Department of Immigration that your relationship is genuine and continuing. You must demonstrate:

1. social aspects of your relationship;
2. financial aspects of your relationship;
3. nature of your commitment; and
4. nature of your household.

Your partner can include family members who are under 23, unless his or her dependent is incapacitated for work, in a combined application or once the offshore partner visa is lodged (subsequent entrant) or granted – apply for a Subclass 445 visa (click here to learn more).

Offshore Partner visa must be lodged when the visa applicant is outside Australia, the Department of Immigration will not issue a bridging visa to allow your partner to stay in Australia until application is decided.

Offshore partner visa application usually takes between 14 and 20 months, depending on the number of applications received by the Department of Immigration.

If you have arrived in Australia on a Subclass 309 visa and you suffered from family violence perpetrated by your partner, you may still be able to apply for a permanent Partner visa (click here to learn how and here or click here to learn what is domestic violence).

This is a temporary or provisional visa and is valid for 2 years or until the permanent Partner Subclass 100 visa is granted (click here to learn more).

Australian migration law is complex and difficult to understand, contact our immigration lawyer for a consultation (fee applies) to help you decide if your partner can apply for an Offshore Partner visa (click here to find out how an immigration lawyer or registered migration agent can help you). You may also refer to our FAQs for answers regarding visa application or visa cancellation by clicking here.

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.