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Offshore Partner Visa Lawyers Australia (Subclass 309 & 100)

If your partner is outside Australia and you want to build your life together in Australia, the Subclass 309/100 Offshore Partner Visa is the pathway to permanent residency for applicants overseas. We are here to make sure your application is prepared to the standard the Department of Home Affairs expects when they review it.
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What Is the Offshore Partner Visa (Subclass 309/100)?

The Offshore Partner Visa is a two-stage permanent residency pathway for the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen who is outside Australia at the time of lodgement. Both stages are applied for together in a single application and one fee covers both.

Best suited for
Applicants who are outside Australia at the time of lodgement and at the time the Subclass 309 is decided
Who can sponsor
Australian citizens, permanent residents, and eligible New Zealand citizens
Relationship types
Married spouses and de facto partners, including same-sex couples
Key benefit
The right to enter Australia, live, and work once the Subclass 309 is granted, with a pathway to permanent residency

Stage 1 — Subclass 309 (Provisional Partner Visa) Granted once the Department of Home Affairs assesses your relationship. When the Subclass 309 is granted, your partner can then travel to and remain in Australia lawfully while the permanent stage is assessed.

Stage 2 — Subclass 100 (Permanent Partner Visa) Assessed approximately two years after the initial application, provided the relationship remains genuine and continuing at the time of assessment. No additional Department fee applies at this stage.

Is This the Right Visa Pathway for You?

We can help you if:

Eligibility

Your eligibility for the Offshore Partner Visa depends on where your partner is located, your relationship, and your sponsorship status. Here is what to check first.

Be outside Australia at lodgement
The applicant must be physically outside Australia when the application is submitted and when the Subclass 309 is decided
Be married to or in a de facto relationship with the sponsor
The relationship must be genuine, mutual, and continuing
Meet health requirements
A medical examination with a Department-approved panel physician is required
Meet character requirements
Police clearances are required from each country lived in for 12 months or more since age 16
Important: Additional Requirements for De Facto Applicants

De facto couples must show they have lived together for at least 12 months before lodgement. However, this can vary depending on your situation. If you previously lived together in Australia and registered your relationship under a recognised state or territory scheme before moving offshore, you may be exempt from the 12-month cohabitation requirement. This applies even though you're now applying from outside Australia. Note that registration itself must take place in Australia.

What the Department of Home Affairs Assesses

Every Subclass 309/100 application is assessed against two things the strength of your relationship evidence and whether you meet the mandatory health and character requirements. Both must be in order before lodgement.

Proving Your Relationship to the Department of Home Affairs

Relationship evidence is assessed across four categories. Every category must be addressed at lodgement.

Financial
Evidence of financial ties between partners
Household
Evidence of shared living arrangements, including explanations of time spent apart
Social
Evidence that the relationship is recognised by others
Commitment
Personal statements and evidence of shared future plans

The strength of your application depends on how well each category is covered. For offshore couples, the quality of evidence explaining time spent apart is as important as the evidence of time spent together. The sponsor must also submit a separate sponsorship application at the same time. We advise on exactly what is required for your specific circumstances at the initial consultation.

Identity, Health, and Character Documents

Passports
Current and expired where relevant
Marriage certificate
Required for married applicants
Divorce or death certificates
Required where applicable
Evidence of Australian status (sponsor)
Required for all sponsor applications
Health examination results
Completed through a Department-approved panel physician in the applicant's country of residence
Police clearances
Required from each relevant country of residence
Biometrics
May be required depending on nationality and country of residence

Requirements vary depending on your specific circumstances. We confirm exactly what is needed at your initial consultation with our team.

Our Offshore Partner Visa Services

We provide end-to-end legal support for Subclass 309/100 applications across Australia. From your first eligibility assessment to the permanent stage decision, here is what working with us looks like.

Eligibility and strategy assessment

We review your relationship history, your partner's location, and your sponsorship eligibility to confirm the offshore pathway is right for your circumstances.

Relationship evidence planning

We identify gaps across all four evidence categories, including long-distance relationship considerations, and build a preparation plan tailored to your situation.

Document review and lodgement

We check every document before submission and manage lodgement through ImmiAccount on your behalf.

Legal submissions

We prepare the written submissions that accompany your application, addressing any risk factors in your relationship history directly.

Sponsor application guidance

We advise on the sponsorship application requirements and ensure the sponsor's submission supports the overall application.

Responses to Department requests

If the Department issues a request for further information, we prepare a thorough and timely response.

Subclass 100 permanent stage support

We continue advising you through the permanent assessment, including updated evidence and any further Department of Home Affairs contact.

What Our Clients Say

Internal note: the testimonials below are example quotes only. Replace with verified client testimonials (first name, last initial, suburb, state) with written consent obtained before this page is published live.

"We had already tried to put our application together ourselves and quickly realised how much we were missing. Partner Visa Lawyers reviewed everything, identified the gaps in our evidence, and lodged a complete application within weeks. We felt in control of the process for the first time."

Sarah T., Parramatta NSW

"My situation was complicated. I had a previous visa refusal and my partner and I had spent long periods apart due to work. They understood the risks upfront, built submissions that addressed them directly, and kept us informed at every stage."

Marcus L., Fortitude Valley QLD

"The advice was specific, practical, and honest. We knew exactly what the Department would be looking for and what we needed to provide. No surprises. Just clear legal guidance from people who know partner visas inside out."

Priya and James K., South Yarra VIC

What to Expect When You Work with Us

One of the most common concerns couples have is not knowing what comes next. This is what the process looks like when you work with us, from start to finish.

Initial consultation

We assess your eligibility, your partner's location, sponsorship arrangements, and any complexity in your situation. You leave with a clear picture of what your application needs and where the risks are.

Evidence preparation and application build

We work through all four relationship evidence categories with you, address long-distance relationship factors where relevant, prepare legal submissions, and review every document before lodgement. The Department expects decision-ready applications. We prepare them that way.

Lodgement and entry planning

We lodge your combined 309/100 application through ImmiAccount. Once the Subclass 309 is granted, your partner can travel to and remain in Australia. We advise on entry timing, visa conditions, and next steps.

Ongoing support to permanent residency

We remain your point of contact throughout, including at the Subclass 100 permanent stage, which is typically assessed around two years after the initial application.

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Meet Your Offshore Partner Visa Lawyers

Kate Colston – General Manager
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Offshore Visa Application Costs

Knowing the full cost upfront lets you plan properly and move forward with confidence. Below is a breakdown of the Department's current government application charges.

Primary applicant
AUD $11,710
Secondary applicant aged 18 or over
AUD $5,860
Secondary applicant under 18
AUD $2,935

In addition to the government application charge, most applicants will incur other costs as part of the process, including health examinations, police clearance certificates, and document translation where applicable. These vary depending on your individual circumstances and country of origin. Contact us for a full cost overview tailored to your situation.

Please note: Government visa application charges are reviewed and typically adjusted by the Department of Home Affairs each July. The figures in this table reflect the 2026–27 financial year. If you are reading this page after 1 July 2027, some charges may have changed. We recommend confirming current fees at the Department of Home Affairs Visa Pricing Estimator or contacting us directly before you budget for your application.

Offshore Visa Processing Timeframes

The Subclass 309/100 has two distinct processing stages and each runs on its own timeline. Understanding both helps you plan realistically for what lies ahead.

Subclass 309 — Provisional Stage

50% of applications decided within
Approximately 14 months
90% of applications decided within
Approximately 24 to 26 months
Complex or incomplete applications
May exceed 26 months

Subclass 100 — Permanent Stage

When assessment begins
Approximately 2 years after the original lodgement date
50% of applications decided within
Approximately 9 months from eligibility
Key condition at assessment
The relationship must be genuine and continuing at the time of the permanent decision
Please note: Processing times are published by the Department of Home Affairs as percentile estimates and are updated monthly. The figures above reflect data available in early 2026. Actual processing times vary depending on the complexity of the application, the completeness of evidence provided at lodgement, and application volumes at the time of decision. These figures are a guide only and are not a guarantee of when your application will be decided.

Common Questions

Can my partner visit Australia while the Subclass 309 application is being processed?

Your partner may be able to apply for a visitor visa to visit Australia while the Offshore Partner Visa application is being processed. However, your partner must be outside Australia at the time the Subclass 309 is decided. We advise on visitor visa options and timing as part of the initial consultation.

How long does my partner need to be outside Australia when applying?

Your partner must be physically outside Australia at the time the application is lodged and at the time the Subclass 309 is decided. After the Subclass 309 is granted, your partner can travel to and remain in Australia. We confirm the location requirements specific to your circumstances before lodgement.

What happens once the Subclass 309 is granted?

Once the Subclass 309 is granted, your partner can enter Australia and live, work, and study here while the permanent Subclass 100 stage is assessed. Your partner will need to keep providing updated relationship evidence throughout this period. We advise on what is required and when.

How do we prove our relationship if we have been living apart?

Long-distance relationships can be successfully demonstrated with the right evidence. Communication records, travel history, financial support, and statutory declarations from people who know the relationship are all relevant. We build an evidence strategy around your specific relationship history, including clear explanations of any periods spent apart.

What if my partner has had a previous visa refusal?

A prior refusal does not automatically prevent a new application, but it requires careful handling. We assess the previous decision and prepare submissions that address it directly. Where the refusal has left an applicant without a substantive visa at the time of lodgement, Schedule 3 of the Migration Regulations 1994 (Cth) may also apply, and we identify and advise on this before lodgement.

Can dependent children be included in the application?

Yes. Dependent children can be included as secondary applicants. An additional Department charge applies per child included. We advise on inclusion requirements and evidence implications as part of the preparation process.

Related Services

The quality of your application from day one determines how smoothly the process runs. Call us on 1300 935 635 or book a consultation online and we will tell you exactly where you stand.
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Level 13, 200 Queens Street Melbourne
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