The Subclass 309 Offshore Partner Visa allows an overseas partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. This visa is part of the partner visa process, which leads to permanent residency in Australia. The Subclass 309 visa is granted while the applicant is outside Australia, and it serves as the first stage of the Subclass 100 Partner Visa process.

This guide provides a step-by-step breakdown of the Subclass 309 Offshore Partner Visa application process, including eligibility, required documents, and frequently asked questions.

 

What is the Subclass 309 Offshore Partner Visa?

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The Subclass 309 visa allows the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia while the application for a permanent Partner Visa (Subclass 100) is processed. The Subclass 309 is a temporary visa, and the applicant must be outside Australia when applying.

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Key Features of the Subclass 309 Offshore Partner Visa:

• Temporary Visa: This visa allows you to stay in Australia temporarily while your permanent Partner Visa (Subclass 100) is processed.

• Eligibility to Apply for Subclass 100: After being granted the Subclass 309 visa, you may apply for a permanent Partner Visa (Subclass 100) after 2 years if you are in a genuine and continuing relationship.

• Family Reunification: It provides a pathway for married or de facto partners to reunite with their Australian partner and start a new life together in Australia.

 

Step-by-Step Guide to Applying for the Subclass 309 Offshore Partner Visa

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1. Confirm Eligibility

Before applying for the Subclass 309 Offshore Partner Visa, make sure you meet the following eligibility criteria:

• Genuine and Committed Relationship: You must be in a genuine, ongoing relationship with your Australian partner.

• Living Outside Australia: You must apply for the visa while living outside Australia.

• Sponsor’s Eligibility: Your Australian sponsor (spouse or de facto partner) must be an Australian citizen, permanent resident, or an eligible New Zealand citizen.

• Age Requirement: You must be over 18 years old at the time of application.

• Health and Character Requirements: You and your sponsor must meet health and character requirements set by the Department of Home Affairs.

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2. Gather Required Documents

The Subclass 309 Offshore Partner Visa application requires several documents to demonstrate your relationship and meet health and character requirements:

• Proof of Relationship: Provide evidence of your relationship, such as photos, joint financial commitments, travel history together, shared responsibilities, and communication records.

• Identity Documents: Passports, birth certificates, or other documents that prove your identity.

• Health and Character Checks: You must undergo a health examination and submit police clearance certificates from any country you have lived in for 12 months or more in the last 10 years.

• Sponsor Documents: The sponsor needs to provide documents showing their Australian citizenship or permanent residency status.

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3. Submit the Application

• Online Application: You must submit your Subclass 309 application online via the ImmiAccount portal on the Department of Home Affairs website.

• Application Fee: The application fee is AUD $8,085 (as of 2024). Additional costs may apply for medical checks, police clearances, and biometric collection.

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4. Wait for Processing

The processing time for the Subclass 309 Offshore Partner Visa varies:

• 50% of applications: Processed in approximately 11 months.

• 90% of applications: Processed in approximately 20 months. Processing times depend on the complexity of the case, additional documents requested, and the applicant’s individual circumstances.

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5. Visa Outcome

Once the visa is granted, you can travel to Australia and live with your partner. The Subclass 309 Offshore Partner Visa is a temporary visa, but it allows you to stay in Australia while your permanent Subclass 100 Partner Visa is processed.

 

Frequently Asked Questions (FAQs)

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1. Can I apply for the Subclass 309 Offshore Partner Visa while I am in Australia?

No, the Subclass 309 Offshore Partner Visa is specifically for individuals applying from outside Australia. If you are already in Australia, you must apply for the Subclass 820 Partner Visa (temporary).

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2. How long can I stay in Australia with a Subclass 309 Offshore Partner Visa?

The Subclass 309 visa is valid for up to 9 months. You can enter Australia on the Subclass 309 visa and live with your partner, but you must ensure that the permanent partner visa application is submitted before the temporary visa expires.

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3. What happens after I marry my partner?

The Subclass 309 visa is granted based on your relationship and engagement or marriage. If you marry after submitting your application, you will need to provide updated evidence of the marriage. Once your Subclass 309 visa is granted, you can apply for the Subclass 100 Partner Visa to transition to permanent residency.

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4. Can I work in Australia with a Subclass 309 visa?

Yes, once the Subclass 309 Offshore Partner Visa is granted, you can live and work in Australia while your permanent Partner Visa (Subclass 100) application is processed.

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5. Can I include my children in my Subclass 309 application?

Yes, children under 18 can be included in the Subclass 309 application. However, they must meet specific eligibility requirements and be listed as dependents in the application.

 

Why Act Now?

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The Subclass 309 Offshore Partner Visa provides the first crucial step for partners living overseas to join their Australian partner. Processing times can take over a year, so starting the application process early is essential to avoid delays and ensure a smoother transition to permanent residency in Australia.

Need expert assistance with your Subclass 309 Offshore Partner Visa application? Our team of experienced migration agents can guide you through the process and help ensure your application is successful. Contact us today to begin your journey to Australia!