Partner Visa

Partner Visa (Subclass 309 & 100) – Offshore Partner Visa Australia

The Partner Visa Subclass 309 and 100 allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia with their partner. This visa is specifically designed for applicants who are outside Australia at the time of application and when the visa is granted.

The Subclass 309 visa is a temporary partner visa, while the Subclass 100 visa provides permanent residence. Both visas are applied for together in a single application. Once the Subclass 309 visa is granted, the applicant can travel to Australia to live with their partner and enjoy work, study, and travel rights while awaiting the decision on the permanent stage.

The offshore partner visa offers an essential opportunity for couples separated by borders to reunite in Australia and begin their shared life. Like the onshore version, it is carefully assessed by the Department of Home Affairs (DHA) to ensure the relationship is genuine and continuing.

Eligibility Criteria

To be eligible for the Partner Visa Subclass 309 and 100, you must meet the following DHA requirements:

• Relationship Requirements:

  You must be the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
  
  

  • If married, your marriage must be legally recognised under Australian law.
  • If in a de facto relationship, you must have lived together for at least 12 months before applying, unless the relationship is registered under a State or Territory law.
  • Same-sex couples are fully eligible for this visa under the same relationship criteria.
    
    

• Location Requirements:

  • You must be outside Australia when lodging your application and when the DHA makes its decision on the temporary Subclass 309 visa.
  • You can travel to Australia once the 309 visa is granted. The permanent Subclass 100 stage can then be assessed while you are in Australia.
    
    

• Sponsor Requirements:

  Your partner must:
  

  • Be an Australian citizen, permanent resident, or eligible New Zealand citizen,
  • Be over 18 years old,
  • Not have previously sponsored more than two partner visa applicants, and
  • Be able to financially and emotionally support you.
    
    

• Health and Character:

  Both the applicant and any dependent children must meet Australian health and character standards, including medical checks and police clearances from each country they have lived in for more than 12 months since turning 16.
  

Application Process

Applying for a Partner Visa (Subclass 309 and 100) involves a two-stage process:

1. Lodge a Combined Application:
   
   You apply for both the temporary (309) and permanent (100) visas at the same time and pay one visa fee.
2. Temporary Partner Visa (Subclass 309):
   
   Once approved, you will receive the temporary visa, allowing you to:
   
   • Enter and live in Australia with your partner,
   • Work and study freely,
   • Access Medicare, and
   • Travel to and from Australia without restriction while your permanent visa is being processed.
3. Permanent Partner Visa (Subclass 100):
   
   After approximately two years from the initial lodgement date, the DHA will request updated evidence of your continuing relationship.
   • If the relationship is still genuine and ongoing, you will be granted the permanent Subclass 100 visa, allowing you to stay in Australia indefinitely.
4. Transition to Permanent Residency:
   
   Once granted, the Subclass 100 visa provides permanent residence and access to full rights similar to Australian citizens, including eligibility for Australian citizenship after meeting residency requirements.
   

Processing Time

The Partner Visa 309/100 processing time can vary depending on the completeness of your application and the volume of submissions.

• Subclass 309: Typically between 6 to 18 months.
• Subclass 100: Usually assessed 24 months after the Subclass 309 visa lodgement.
  

Submitting a complete, well-documented application helps avoid unnecessary delays. Professional assistance from an experienced partner visa migration agent can ensure your documentation meets DHA’s strict standards.

Visa Duration & Conditions

• The Subclass 309 visa remains valid until a decision is made on your permanent Subclass 100 visa.
  
• Once granted, the Subclass 100 visa allows:
  
  • Indefinite stay in Australia,
  • Unrestricted work and study rights,
  • Access to Medicare and government services,
  • The ability to sponsor eligible family members, and
  • A pathway to citizenship once you meet the required residence period.
    

Documents & Evidence Required

Your Partner Visa 309/100 application must include extensive evidence demonstrating that your relationship is genuine, exclusive, and ongoing.

Identity Documents:

• Valid passports and birth certificates for both applicant and sponsor.
• National IDs and recent passport-sized photos.

Relationship Evidence:

• Marriage certificate or relationship registration (if applicable).
• Proof of joint financial commitments (bank accounts, bills, loans, or leases).
• Records of shared social activities, correspondence, travel, or photos together.
• Statements from friends and family verifying your relationship.
• Shared utility bills or proof of cohabitation.

Sponsor Documents:

• Proof of Australian citizenship or permanent residency.
• Police clearances for the sponsor (if required).
• Evidence of financial capacity to support the applicant.

Health & Character:

• Medical examinations approved by DHA panel doctors.
• Police certificates for every country you’ve lived in since age 16.

Visa Fees & Charges

Australian Partner Visa fee covers both the temporary and permanent stages.

• Current fee (as of 2025): AUD $8,850 for the primary applicant.
• Additional charges apply for dependent children or additional applicants.
• Other costs include medical checks, biometrics, and police certificates.

Special Circumstances & Exceptions

Certain applicants may qualify for early permanent residence (Subclass 100) without waiting the full two-year period if:

• You have been in a relationship for three years or more at the time of application; or
• You have been in a relationship for at least two years and share dependent children.
  

You may still be eligible for permanent residence if the relationship ends due to:

• Domestic or family violence,
• Death of your partner, or
• Shared custody of children under 18 years old.

Prospective Marriage Visa (Subclass 300) – Fiancé Visa Australia

The Prospective Marriage Visa (Subclass 300), often known as the fiancé visa, allows individuals engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen to travel to Australia to marry their partner and then apply for a permanent partner visa.

This visa is designed for couples who are in a genuine, committed relationship and intend to get married in Australia after the visa is granted. It serves as the first step toward permanent residency, providing an opportunity for engaged couples to begin their life together before progressing to the Partner Visa (Subclass 820/801).

Applicants must be outside Australia when they apply and when the visa is granted. The Subclass 300 visa helps couples who are geographically separated unite legally and emotionally before continuing their journey toward permanent settlement in Australia.

Eligibility Criteria

To qualify for the Prospective Marriage Visa (Subclass 300), applicants must meet the following requirements set by the Department of Home Affairs (DHA):

1. Relationship Requirements

• You must be engaged to an Australian citizen, permanent resident, or eligible New Zealand citizen.
• Both parties must have met in person since turning 18 and must genuinely intend to marry within the visa’s validity period.
• Your relationship must be genuine and continuing, and both partners must be freely consenting adults.
• You must provide evidence of plans to marry, including wedding invitations, venue bookings, or statements outlining your marriage intentions.
• Same-sex couples are also eligible under this visa subclass.

2. Location Requirements

• You must be outside Australia at the time of application and when the visa is granted.
• Your partner (sponsor) can be either in or outside Australia when you apply.

3. Sponsor Requirements

• Your sponsor must:
  • Be at least 18 years old,
  • Be an Australian citizen, permanent resident, or eligible New Zealand citizen,
  • Not have sponsored more than two people for a partner or fiancé visa in the past, and
  • Have not been sponsored for a partner visa themselves within the last five years.

4. Character and Health Requirements

Both the applicant and any dependents included in the application must:

• Meet Australian health standards, proven through DHA-approved medical checks, and
• Satisfy character requirements by providing police certificates from each country lived in for 12 months or more in the last 10 years.

Application Process

Applying for the Prospective Marriage Visa (Subclass 300) involves several key steps. Preparing a well-documented and accurate submission increases the likelihood of faster approval.

1. Gather Documents and Prepare Evidence: Compile proof of your relationship, identity, and marriage intention before submitting the application. This may include photographs, travel itineraries, engagement proof, and communication history.
   
2. Submit the Visa Application: Lodge your Subclass 300 application online via ImmiAccount while you are outside Australia. You must also submit your sponsor’s details and supporting documents at this stage.
   
3. Health and Character Checks: Complete the required medical examinations and obtain police clearance certificates as instructed by DHA.
   
4. Wait for Visa Decision: DHA will assess your relationship evidence, interview you (if necessary), and verify your marriage plans before deciding.
   
5. Receive Visa Grant and Travel to Australia: Once approved, you can travel to Australia, marry your sponsor within the visa’s 9-month validity, and then apply for the Partner Visa (Subclass 820/801).
   

Visa Duration & Conditions

The Subclass 300 visa is temporary, valid for up to 9 months from the date of grant. Within this time, you must:

• Enter Australia and marry your sponsor,
• Apply for the onshore Partner Visa (Subclass 820/801) after marriage, and
• Maintain compliance with all visa conditions during your stay.

While holding this visa, you can:

• Work and study in Australia,
• Travel multiple times in and out of Australia during the validity period, and
• Access Medicare once you apply for the partner visa after marriage.

Documents & Evidence Required

A strong application depends on providing sufficient evidence demonstrating your genuine relationship and intention to marry.

Identity Documents

• Passport and birth certificate for both applicant and sponsor,
• National ID cards and recent photographs,
• Divorce or death certificates (if previously married).

Relationship Evidence

• Proof of personal meetings (e.g., flight tickets, hotel bookings, photos),
• Engagement proof (rings, proposals, or celebration photos),
• Written statements describing how you met and how your relationship developed,
• Evidence of ongoing communication (emails, chats, social media, calls).

Marriage Intention Evidence

• Wedding venue confirmation, invitations, or bookings,
• Letters or statements from family/friends confirming your plans,
• Correspondence with wedding service providers (photographers, celebrants, etc.).

Sponsor Documents

• Proof of Australian citizenship or residency,
• Police clearance (if requested),
• Evidence of income or financial ability to support the applicant.

Processing Time

Processing times for the Prospective Marriage Visa (Subclass 300) may vary depending on your circumstances, document completeness, and DHA workload.

Typical processing timeframe:

• 75% of applications: Within 12–18 months
• 90% of applications: Within 20–28 months

Submitting a complete, accurate, and well-supported application can help avoid unnecessary delays.

Visa Fees & Charges

• Primary applicant: AUD $8,850 (includes the temporary stage).
• Additional applicants under 18: AUD $2,215 each.
• Additional applicants over 18: AUD $4,430 each.

Other potential costs include health checks, biometrics, and police certificates.

Note: After marriage, you must apply and pay separately for the Partner Visa (Subclass 820/801) to continue toward permanent residence.

Pathway to Permanent Residency

The Prospective Marriage Visa provides a clear pathway to permanent residence in Australia.

Once you marry your sponsor:

1. Apply for the Partner Visa (Subclass 820) while you are in Australia.
2. After around two years, DHA will assess your eligibility for the Partner Visa (Subclass 801) (permanent residence).

This structured process ensures that your transition from a temporary fiancé visa to permanent residency is smooth, provided your relationship remains genuine and ongoing.

Special Considerations

Certain circumstances may affect your eligibility or processing:

• If your relationship ends before marriage, the visa may be cancelled.
• If your sponsor withdraws sponsorship before marriage, the visa will likely be refused.
• In cases of domestic or family violence, you may still be eligible to remain in Australia under other visa options, provided evidence is submitted.

New Zealand Citizen Family Relationship (Temporary) Visa – Subclass 461

The New Zealand Citizen Family Relationship Visa (Subclass 461) allows non-New Zealand family members of New Zealand citizens to live and work in Australia temporarily.
This visa is designed for people who are not New Zealand citizens but are members of a family unit of a New Zealand citizen who holds or will hold a Special Category Visa (Subclass 444) when entering Australia.

The Subclass 461 visa provides a unique opportunity for eligible partners, dependent children, and certain other family members to reside in Australia for up to five years, with full work and study rights. It can be renewed as long as the relationship with the New Zealand citizen continues and both continue to meet the visa requirements.

Eligibility Criteria

1. Relationship Requirements

To be eligible for a Subclass 461 visa, you must be a member of the family unit of a New Zealand citizen who:

• Is living in Australia on a Special Category Visa (Subclass 444), or
• Will travel with you to Australia on that visa.

You can apply as a:

• Spouse or de facto partner of a New Zealand citizen,
• Dependent child of a New Zealand citizen or their partner, or
• Dependent relative of a New Zealand citizen or their partner (in limited cases).

2. Citizenship and Location Requirements

• You must not be a New Zealand citizen yourself.
• You can be inside or outside Australia when applying.
• If applying from within Australia, you must hold a substantive visa or a bridging visa A, B, or C at the time of application.

3. Relationship Proof

• If you are the spouse or de facto partner, you must show that your relationship is genuine and ongoing.
• De facto partners must have lived together for at least 12 months before applying unless exceptional circumstances apply.

4. Health and Character

All applicants, including dependents, must:

• Meet health requirements through approved medical checks, and
• Satisfy character criteria by providing police clearances for each country lived in for 12+ months.

Application Process

1. Prepare Supporting Documents: Gather documents proving your relationship to the New Zealand citizen, identity, and eligibility.
   
2. Submit Application via ImmiAccount: Lodge your application online along with your New Zealand citizen family member’s details.
   
3. Health and Character Checks: Complete the required medical and police checks when requested by DHA.
   
4. Wait for Visa Decision: DHA may request further evidence or conduct interviews to verify your relationship.
   
5. Visa Grant and Conditions: Once approved, you’ll receive a Subclass 461 visa that allows you to live, work, and study in Australia for five years.
   

Visa Duration & Conditions

• The Subclass 461 visa is valid for up to 5 years from the grant date.
• It can be renewed if your relationship with the New Zealand citizen continues.
• You may remain in Australia even if the New Zealand citizen departs, provided your relationship is still genuine and you continue to meet eligibility requirements.

Holders of this visa can:

• Work and study in Australia,
• Travel in and out of Australia multiple times during validity, and
• Include dependent children or family members in their application.

Documents & Evidence Required

• Identity documents: Passport, birth certificate, national ID, photographs.
  
• Relationship evidence: Joint financial commitments, communication records, shared residential documents, travel history.
  
• Sponsor documents: Proof of New Zealand citizenship (passport), evidence of Special Category Visa (Subclass 444) or eligibility for it.
  
• Dependents’ documents: Proof of dependency (education or financial support).
  

Processing Time

Processing times vary depending on individual circumstances and DHA workload.
As of recent trends:

• 75% of applications: processed within 7–12 months,
• 90% of applications: processed within 12–18 months.

Visa Fees & Charges

• Main applicant: AUD $420
• Each additional applicant under 18: AUD $105
• Each additional applicant over 18: AUD $210

Extra charges apply for health checks, biometrics, and police certificates.

Renewing the Visa

The Subclass 461 visa can be renewed every five years as long as:

• You remain a member of the New Zealand citizen’s family unit, and
• You continue to meet health and character requirements.

Even if your New Zealand citizen family member is no longer an Australian resident but you still meet all criteria, you may still be eligible for renewal. Families relying on this visa often benefit from professional assistance to ensure renewal eligibility and compliance with DHA criteria, especially when circumstances or residency statuses change.

Remaining Relative Visa (Subclass 115 & 835)

The Remaining Relative Visa provides a permanent residency pathway for individuals who have no close family members living outside Australia. It allows people to join their only remaining close relatives who are Australian citizens, permanent residents, or eligible New Zealand citizens.

There are two types:

• Subclass 115 (Offshore) – for applicants outside Australia, and
• Subclass 835 (Onshore) – for applicants already in Australia on another valid visa.

This visa enables families to reunite permanently, allowing the holder to live, work, and study in Australia indefinitely, with access to Medicare and a pathway to Australian citizenship.

Eligibility Criteria

1. Relationship Requirements

You must be a remaining relative of an Australian citizen, permanent resident, or eligible New Zealand citizen.
This includes being a:

• Brother, sister, stepbrother, or stepsister, or
• Adult child (if all parents and other siblings live in Australia).

You will not be eligible if:

• You have close family members (parents, siblings, children) living outside Australia, or
• You (or your partner) have relatives outside Australia who are not eligible Australian residents.

2. Sponsor Requirements

• Your sponsor must be 18 years or older, and
• Be an Australian citizen, permanent resident, or eligible New Zealand citizen who is settled in Australia.
• The sponsor must agree to provide financial and accommodation support for at least two years after your arrival.

3. Health and Character

All applicants must meet DHA’s health and character requirements. This includes medical examinations and police certificates.

Application Process

1. Determine Eligibility: Confirm that all your close relatives are Australian citizens or permanent residents.
2. Prepare Supporting Documents: Gather documents proving family relationships (birth certificates, adoption papers) and your sponsor’s status.
3. Lodge Application: Submit your application online or by paper (depending on the subclass). Offshore applicants apply for Subclass 115, while onshore applicants apply for Subclass 835.
4. Sponsor Application: Your sponsor must complete their section of the application and provide supporting documentation.
5. Health and Character Checks: Complete required medicals and submit police clearances.
6. Await DHA Decision: DHA may request additional evidence before making a decision.
   

Visa Duration & Conditions

The Remaining Relative Visa grants permanent residence immediately upon approval. Holders can:

• Live in Australia indefinitely,
• Work and study in Australia,
• Access Medicare, and
• Sponsor eligible relatives in the future.

The visa also includes a five-year travel facility, allowing the holder to leave and return to Australia freely during that period.

Documents & Evidence Required

• Identity documents: Passport, birth certificate, national ID.
• Proof of family relationship: Birth certificates, adoption papers, family trees, or DNA testing (if required).
• Sponsor documents: Proof of Australian citizenship, permanent residence, or New Zealand citizenship.
• Financial evidence: Sponsor’s ability to provide initial support (bank statements, employment proof).
• Character and health checks: Police and medical certificates for all applicants.
  

Processing Time

The Remaining Relative Visa has one of the longest waiting periods due to limited annual places under the Family Migration program.

Estimated waiting periods (as per DHA trends):

• 10+ years or longer, depending on yearly visa caps and processing priorities.

Applications are processed in the order received, and DHA advises applicants to prepare for extended waiting times.

Visa Fees & Charges

• Main applicant: AUD $4,990
• Additional applicants over 18: AUD $2,495
• Additional applicants under 18: AUD $1,250

Additional costs may apply for health checks, biometrics, and police certificates.

Pathway to Citizenship

After being granted the Remaining Relative Visa, holders can apply for Australian citizenship once they meet the residency and character requirements. This typically requires living in Australia for four years, including at least 12 months as a permanent resident.