OFFSHORE PARTNER VISA - SUBCLASS 309/100

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Australian visa for partners: A new life together

You and your partner are in a committed and exclusive relationship, and have decided that you would like to spend your future together in Australia. The stress and uncertainty of the visa process for your partner in Australia can overshadow the excitement of moving to a new country. Our skill, experience and expertise can help ensure you fulfil the requirements for a successful outcome of your Partner Visa application.

To be eligible:

You must either be married, intend to get married, or live together in a de facto relationship. All partner visa applications require evidence of a genuine and committed relationship. If you are married or in a de facto relationship with your Australian partner, but live in different countries, you may be eligible to apply for the Subclass 309/100 Offshore Partner Visa. If you intend to get married, usually as your partner is offshore, you may be eligible to apply for a Prospective Partner (fiancé) Visa, subclass 300 visa. Partner visas are two-stage applications. The first stage is an application for a Provisional Visa (Subclass 309), while the second stage is an application for a Permanent Visa (Subclass 100). You can sponsor up to two overseas partners (except under exceptional circumstances) in your lifetime, with each application lodgement having to be at least 5 years apart.

How The Partner Visa Works In Australia?

Your partner must be an Australian citizen, a Permanent Resident, or an eligible New Zealand citizen to be eligible to sponsor you. You must either be married or in a de facto relationship. Unless the relationship is registered, living together under the ‘same roof’ should be for at least 12 months.

If You Are Married:

Your marriage must be legal under Australian Law. If you were married in a country other than Australia and that marriage is valid in that country, generally it will be recognised as valid under Australian law.
You and your partner must show a mutual commitment to a shared life as husband and wife to the exclusion of all others.

What happens next?

Once the assessing officer is satisfied that you are in a genuine relationship and meet all the other criteria, such as health and character, you will be issued a Provisional Partner Visa, Subclass 309, that allows you to live and work in Australia until a decision is made on your permanent visa when that part of the application is lodged.
You must submit documents for a permanent visa two years after the initial application lodgment to meet the second stage Partner Visa requirements. You will need to demonstrate that the relationship is ongoing and genuine to be granted a Permanent Residence visa.
In certain circumstances, such as if at the time of a partner visa application lodgment, you have been married or living in a de facto relationship for five or more years, or you have a child from the relationship, you may be granted a provisional and permanent visa at the same time.

If You Have Been In A De Facto Relationship For 12 Months Or More:

You and your partner must have been in a de facto relationship, living under the same roof, for 12 months immediately before lodging your application.
You and your partner must show a mutual commitment to a shared life to the exclusion of all others. If there has been any separation, it must only be temporary, such as for business travel or overseas family commitments for the visa applicant.

What happens next?

Once the assessing officer is satisfied that you are in a genuine relationship and meet all the other criteria, such as health and character, you will be issued a Provisional Partner Visa, Subclass 309, that allows you to live and work in Australia until a decision is made on your permanent visa when that part of the application is lodged.
You must submit documents for a permanent visa two years after the initial application lodgment to meet the second stage Partner Visa requirements. You will need to demonstrate that the relationship is ongoing and genuine to be granted a Permanent Residence visa.
In certain circumstances, such as if at the time of a partner visa application lodgment, you have been married or living in a de facto relationship for five or more years, or you have a child from the relationship, you may be granted a provisional and permanent visa at the same time.

What This Visa Lets You Do

Live in Australia indefinitely, so long as the permanent stage of the visa is granted (subclass 100);
Enrol in Medicare, Australia’s government-funded health care system;
Enjoy unrestricted work rights and all the benefits of a Permanent Resident;

Partner visas are complex. Please contact our team of experienced registered migration experts for immediate advice and assistance.

What type of visa are you looking for?

We are a team of immigration specialists guiding individuals, families and corporates who aspire to migrate to Australia. Our migration consultancy has a successful track record in visa approval, with a fair fee structure.

Employer Sponsored Visa

Australian employers can sponsor skilled workers, whether already in Australia on a visa or applying from overseas, to meet skill shortage positions in their business.

Skilled Worker Visa

Skilled workers with qualifications and experience in demand can apply for visas to live and work in Australia permanently.

Partner Visa

Partner visas allows an Australian citizen or permanent resident to sponsor their spouse, de facto partner or fiancé to be with them in Australia.

Student or Graduate Visa

International students can study in Australia and apply for post-study temporary work visas.

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