If you are in a genuine, committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen and are currently living outside Australia, you may be eligible to apply for the Australian Partner Visa Offshore (Subclass 309/100). This visa allows you to join your Spouse in Australia and eventually gain permanent residency.
The process may seem complex, but with careful planning and the right information, it can be straightforward. This guide will walk you through everything you need to know about applying for the Australian Partner Visa Offshore, including eligibility, the application process, and common challenges you might encounter.
What is the Australian Spouse Visa Offshore (Subclass 309/100)?
The Australian Partner Visa Offshore consists of two components: the Subclass 309 (temporary) visa and the Subclass 100 (permanent) visa.
- Subclass 309 (Temporary Visa): This visa allows you to live, work, and study in Australia while you wait for your permanent Partner Visa (Subclass 100) application to be finalized.
- Subclass 100 (Permanent Visa): After living in Australia on a temporary Subclass 309 visa for a certain period (usually two years), you can apply for the permanent Partner Visa (Subclass 100), which grants full residency rights.
This two-step process is designed to give you time to establish your life in Australia while your permanent visa application is being processed.
Eligibility Requirements for the Offshore Spouse Visa
To apply for the Partner Visa Offshore (Subclass 309/100), both you (the applicant) and your sponsor must meet specific eligibility criteria. Let’s break down these requirements:
Applicant’s Requirements
- Genuine Relationship: You must be in a genuine, continuing relationship with your Australian Spouse. This applies whether you’re married or in a de facto relationship.
- Location: You must be outside of Australia at the time of your application. Both you and any family members applying with you must be outside Australia when you submit your application.
- Age: Applicants must be 18 years or older.
- Health and Character Requirements: You must meet health and character requirements, which generally include a medical examination and police clearances from countries where you’ve lived for more than 12 months in the past 10 years.
- No Previous Visa Cancellations or Refusals: If you have had a visa cancelled or an application refused in the past, you may not be eligible for this visa, unless you can provide compelling reasons for the past issues.
- Australian Values Statement: You must agree to the Australian values statement, which outlines respect for the rights and freedoms of others in Australian society.
Sponsor’s Requirements
- Sponsor’s Status: Your sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Sponsorship Approval: The sponsor must be approved by the Australian government, and they cannot change their sponsorship during the application process.
- Ongoing Responsibility: Your sponsor will be responsible for supporting you financially and emotionally for at least two years after the temporary Subclass 309 visa is granted.
What Relationship Evidence Do You Need?
A key part of your application is proving that your relationship with your Spouse is genuine. Whether you are married or in a de facto relationship, you will need to provide various types of evidence to support your claim. This evidence might include:
- Proof of cohabitation (e.g., shared lease agreements, joint utility bills).
- Photos of you and your Spouse together during different stages of your relationship.
- Communication records showing ongoing contact (e.g., phone records, email exchanges, messages).
- Statements from family and friends who can confirm the authenticity of your relationship.
- Joint financial arrangements, such as shared bank accounts or tax returns.
If you’re in a de facto relationship, you generally need to show that you’ve been living together for at least 12 months. However, exceptions exist if you can demonstrate compelling and compassionate circumstances or if your partner holds a permanent humanitarian visa.
The Application Process for the Offshore Spouse Visa
The process for applying for the Australian Partner Visa Offshore involves several stages, from gathering documentation to receiving your visa approval. Here’s a step-by-step guide:
Step 1: Prepare Your Documents
Start by gathering all the necessary documents for both you (the applicant) and your sponsor. These will include:
- Personal identity documents: Passport, birth certificate, and any relevant immigration documents.
- Proof of your relationship: Evidence such as joint finances, shared living arrangements, photos, etc.
- Health and character documents: Medical exams and police clearances from the countries where you have lived for the past 12 months.
- Sponsor’s documents: Proof of the sponsor’s Australian citizenship, permanent residency, or eligible New Zealand citizen status.
Step 2: Submit Your Application
Once you have all the necessary documents, you can create an account on the ImmiAccount, the Australian Department of Home Affairs’ online portal. Submit the completed application form (Form 47SP) and upload all required documents. The visa application fee is AUD 9,095 (subject to change), and you’ll need to pay it when you submit your application.
Step 3: Await Temporary Visa (Subclass 309) Approval
After you submit your application, you’ll wait for the Australian Department of Home Affairs to process your temporary Subclass 309 visa. This visa allows you to live, work, and study in Australia while your permanent Subclass 100 visa is being processed.
Step 4: Permanent Visa (Subclass 100)
Typically, after living in Australia on the Subclass 309 visa for two years, you will be eligible for the permanent Partner Visa (Subclass 100). During this period, the Department of Home Affairs may ask you to provide additional evidence to show that your relationship is still ongoing.
What You Can Do on the Subclass 309 Visa
While your Subclass 100 visa is being processed, the Subclass 309 visa allows you to:
- Live, Work, and Study in Australia: You can fully engage in life in Australia, including taking up employment and enrolling in education.
- Travel to and from Australia: As long as your temporary visa (Subclass 309) remains valid, you can travel to and from Australia as many times as you like.
- Access to Medicare: If you meet the eligibility criteria, you can apply for Australia’s public health system, Medicare, providing access to essential health care services.
- Free English Language Classes: If eligible, you can attend free English language classes under the Adult Migrant English Program (AMEP).
Common Challenges and How to Overcome Them
- Relationship Evidence: Gathering sufficient proof that your relationship is genuine can be challenging. Ensure you provide a variety of documentation, including personal statements, photos, and third-party declarations.
- Processing Delays: The processing times for the Subclass 309 visa can vary, but the Department of Home Affairs prioritizes certain applications, such as those based on compassionate or compelling grounds. Use the visa processing time guide tool to get an idea of expected waiting times.
- Visa Refusals or Cancellations: If you have had a visa canceled or an application refused in the past, you may face challenges. In such cases, it’s important to seek professional advice from a registered migration agent.
Frequently Asked Questions (FAQs)
Can I apply if my Spouse is not an Australian citizen or permanent resident?
Yes, as long as your Spouse is an eligible New Zealand citizen or holds permanent residency in Australia.
Can I change my sponsor during the process?
No, once you apply, your sponsor cannot be changed, and the person who sponsors you for your Subclass 309 visa must remain your sponsor for at least two years.
How long does the process take for the permanent visa?
It typically takes around two years after receiving the Subclass 309 visa to be eligible for the Subclass 100 permanent visa, although processing times can vary.
Applying for the Australian Partner Visa Offshore is an exciting step toward building a life together with your Australian Spouse. While the process may seem overwhelming at times, staying organized, providing clear evidence of your relationship, and understanding the eligibility requirements will set you up for success.
West Highlander Immigration
If you’re unsure about any step or face challenges, don’t hesitate to seek professional advice from West Highlander Immigration to ensure your application is as strong as possible.