Offshore Partner Visa (Subclass 309 & 100)

Home Offshore Partner Visa (Subclass 309 & 100)
309 visa spouse visa

Offshore Spouse Visa/De Facto Visa

The applicant must be the spouse or de facto partner of:


The relationship can be with someone of the same sex. The applicant might still be eligible for the visa if the relationship breaks down or sponsor dies. Please contact us if you have suffered with a domestic vioence by your sponsor or any other matters that make you can’t keep the relationship.

Spouse Visa Application Lodged

  • Offshore Spouse Visa Application (Subclass 309 & Subclass 100): the applicant applies for Partner (Migrant) (Class BC) & Partner (Provisional) (Class UF) concurrently
  • Onshore Spouse Visa Application (Subclass 820 & subclass 801): the applicant applies for Partner (Residence) (Class BS) & Partner (Temporary) (Class UK) concurrently
offshore australian partner visa 309


The applicant must provide a Marriage Certificate to the Department. Married applicants must be 18 or older when they apply by the Australian law.

australian defacto visa


De Facto relationship must have existed for at least 12 months immediately before the applicant applies for the visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.

Partner/Spouse Requirements Under the Act and Regulation

Partner Relationship


Under the Act and Regulation, the relationship has to prove that the couple have:

(a)  a mutual commitment to a shared life to the exclusion of all others; and

(b)  the relationship is genuine and continuing; and

(c)  they: live together or do not live separately and apart on a permanent basis.


The relationship must be able to prove, cumulatively, that the couple comply with the following four factors in the relationship: The 4 Factors that have to be met are:


  • Joint financial aspects of the relationship
  • Joint nature of the household arrangement
  • The social aspects of the relationship
  • The nature of the couple’s commitment to one another


De Facto Spousal Relationship


  • The relationship must be of at least 12 months old; or
  • The relationship is registered in one of following jurisdictions:
    • Queensland
    • New South Wales
    • Victoria
    • Tasmania
    • Australian Capital Territory


For couples who are in a defacto relationship, if there are “compelling and compassionate circumstances for the grant of the visa” the length of the relationship has NOT to be at least of 12 months duration.

australian309visa spouse visa

Have a Long Term Relationship?

If the case officer satisfies that there is a long term relationship, the case officer might immediately grant the second Permanent Partner visa (ie. subclass 100 or 801). A long term relationship means either the applicant has a relationship with the sponsor at least 3 years or two years or more where the couple have a dependent child from the relationship.

Book an appointment today with our Registered Migration Agents in Sydney

CALL NOW 0403 118 515

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