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Offshore Partner Visa (309/100)

Your journey to join your partner in Australia.

NN
Nilesh Nandan
Immigration Lawyer · BBus(Accy) LLB MBA · Last updated March 2026
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Overview

The Offshore Partner Visa (subclasses 309 and 100) is designed for partners of Australian citizens, permanent residents, or eligible New Zealand citizens who are outside Australia. This visa allows you to travel to and live in Australia with your partner, first on a temporary basis and then permanently. My role is to build a robust application that leaves no doubt about the authenticity of your relationship, navigating the complexities of an offshore application to reunite you with your loved one as smoothly as possible.

Similar to its onshore counterpart, the offshore partner visa is a two-stage process. You apply for the temporary (309) and permanent (100) visas at the same time. If granted, the Subclass 309 visa allows you to enter Australia and live with your partner. Around two years after the application was lodged, you become eligible for the permanent Subclass 100 visa, provided your relationship is still genuine and continuing. I manage this entire process, ensuring all deadlines and requirements are met for both stages.

A key challenge for offshore applicants is demonstrating a genuine relationship while living apart. The Department scrutinises these applications closely. I help you gather evidence of your ongoing connection, such as communication logs, joint travel, financial support, and future plans. It's about painting a clear picture of your shared life, even across a distance. For prospective marriage visa holders who have since married, I can seamlessly transition your application to the 309/100 pathway.

Processing times for offshore applications can be substantial (verify on Home Affairs website), which can be emotionally taxing for couples. My goal is to minimise this waiting period by submitting a 'decision-ready' application that is clear, concise, and comprehensively evidenced. This reduces the likelihood of requests for further information from the overseas post processing your application, which can add months to the timeline. I ensure every detail is correct, from local police clearances to relationship evidence.

Key Facts

Visa Subclasses309 (Provisional) and 100 (Migrant)
Location RequirementApplicant must be outside Australia at time of application and grant of 309 visa
Work RightsFull work and study rights upon arrival in Australia on the 309 visa
Application FeeFrom AUD$8,850 (verify on Home Affairs website)
Processing TimeCan be lengthy; check current estimates for your processing country on the Home Affairs website

How I Work — Step by Step

1

Comprehensive Assessment

I assess your eligibility, focusing on the nature of your relationship and the evidence available to support your application from offshore.

2

Evidence Strategy

We develop a clear plan for documenting your relationship, including communication, finances, and future plans, to meet the Department's strict criteria.

3

Application Lodgement

I prepare and lodge your combined 309/100 application with the relevant overseas Australian diplomatic post, ensuring it is complete and decision-ready.

4

Processing and Communication

I manage all correspondence with the Department, responding to any queries and providing updates on your application's progress.

5

Permanent Visa Assessment

Two years from your application date, I will contact you to prepare and submit the evidence for the final Subclass 100 permanent visa grant.

What I Do

  • Determine your eligibility for the Offshore Partner Visa (309/100).
  • Provide a tailored strategy for gathering evidence while living apart.
  • Prepare and lodge the combined 309/100 visa application through the correct overseas post.
  • Advise on health and character requirements for you and any migrating dependents.
  • Liaise with the overseas processing centre and handle any requests for information.
  • Guide you through the process of obtaining your first visa grant and making your first entry to Australia.
  • Prepare and lodge the second-stage permanent (100) visa evidence.

Who Is This For?

  • Partners of Australian citizens or permanent residents who are currently living outside Australia.
  • Couples who are married or have been in a de facto relationship for at least 12 months.
  • Fiancés who have applied for or hold a Prospective Marriage Visa and have since married their sponsor.
  • Applicants who wish to have the security of a visa before moving to Australia.

Common questions about

Can I visit my partner in Australia while the offshore visa is processing?+
Yes, you can apply for a visitor visa to travel to Australia while your partner visa is being processed. However, you must have a genuine intention to visit temporarily, and you must still be offshore for the 309 visa to be granted. I can advise on the best strategy for this.
What if we get married after lodging the application?+
If you get married after lodging a de facto application, this strengthens your case. You must inform the Department and provide your marriage certificate. This can sometimes help in expediting the decision.
Do I need to have met my partner in person?+
Yes. It is a fundamental requirement that you have met in person as adults. Online-only relationships are not sufficient for a partner visa application.
Is there an interview for the offshore partner visa?+
While not mandatory for all applicants, the Department may request an interview, either in person or over the phone, particularly if they have concerns about the relationship. I provide thorough preparation guidance if an interview is requested.

Free Guide: Preparing a Strong Partner Visa Application

This guide walks you through the evidence the Department actually looks at, the most common reasons partner visas get refused, and how to avoid a genuinely concerning relationship finding. Written from 27 years of experience.

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The information on this page is general in nature and does not constitute legal advice. Thoughts only — not legal advice.

Important: The information on this website is provided for general informational purposes only and does not constitute legal advice. Immigration law in Australia is complex, fact-specific, and subject to frequent change under the Migration Act 1958 (Cth), the Migration Regulations 1994, and departmental policy. You must seek independent, qualified legal advice tailored to your specific circumstances before making any immigration decision or taking any action. Viewing this website does not create a solicitor-client relationship. Terms of Use | Full Disclaimer

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MyVisa Australia Pty Ltd ABN 65 092 524 359 (service entity for MyVisa Lawyers Pty Ltd ABN 54 607 960 547). Nilesh Nandan is an admitted solicitor and Australian legal practitioner admitted to the High Court of Australia, authorised to provide immigration assistance under the Migration Act 1958. As a legal practitioner regulated by the New South Wales Law Society, Nilesh is not required to be registered with the Office of the Migration Agents Registration Authority (OMARA). Nilesh Nandan BBus(Accy), LLB, MBA, MMIA — Head of Practice. Member: Law Council of Australia · Migration Institute of Australia (MMIA) · MIA Character & Cancellation Advisory Board · MIA Disciplinary Committee 2026 · New South Wales Law Society · Australian Asian Lawyers Association · Ku-ring-gai Chamber of Commerce. *Based on publicly available Google reviews. No other individual immigration lawyer in Australia has more reviews, across more locations, sustained over a longer period, with a comparable satisfaction rating.

Liability is limited by a scheme approved under Professional Standards Legislation. The content on this website is provided for general information purposes only and does not constitute legal advice. It is not intended to be relied upon as, and should not be taken as, a substitute for specific legal advice relevant to your individual circumstances. Immigration law is complex and subject to frequent change; the information on this site may not reflect the most current legal developments and may not apply to your situation. You should seek independent, qualified legal advice before making any immigration decision or taking any action based on the content of this website. Viewing this website, using the tools provided, or contacting our office does not create a solicitor-client relationship. Parts of this website are enhanced through the use of artificial intelligence; despite best endeavours, AI-assisted content may not be suitable for your specific immigrati MyVisa® is a registered trademark used under licence. MyPartnerVisa is not affiliated with the Department of Home Affairs or any government agency. MyPartnerVisa is a specialist brand of MyVisa Australia Pty Ltd.

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