This visa is for those in committed relationships on a married or de facto basis who currently reside outside Australia.
The offshore partner visa allows you to enter and remain in Australia on a temporary visa (usually for a waiting period of approximately two (2) years from the date you applied for the visa) or on a permanent visa if, after the waiting period, your partner relationship still exists and you are still eligible for this visa.
This visa includes dependant children and other eligible dependent relatives.
Who is eligible for a Offshore Partner Visa (Subclass 309)?
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.
De facto Applicants
You and your partner must have been in a de facto relationship for the entire 12 months immediately prior to making application.
The 12-month requirement may be waived if you can demonstrate compelling and compassionate circumstances, or you have registered your de facto relationship in an Australian State or Territory.
Other Requirements for a Spouse Visa
You must be sponsored by an eligible sponsor. An eligible sponsor is an Australian citizen, permanent resident or an eligible New Zealand citizen, who undertakes sponsorship obligations. Usually the sponsor is your partner and is over 18 years old.
You and your partner must show a mutual commitment to a shared life to the exclusion of all others. You and your partner must be living together or, if not, any separation must be only temporary. You must also have a genuine and continuing relationship with your partner.
Benefits of the Offshore Partner Visa
The temporary Partner visa (subclass 309) lets you come to Australia to live until a decision is made on your permanent Partner visa (subclass 100).
Note: In certain circumstances you can apply to go straight to permanent residency without the two year temporary residency requirement.