Offshore Partner Visa (Subclass 309 & 100) Australian Migration Lawyers

Daniel Moya

Founder of Moya Migration Law

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Our Services for Your Offshore Partner Visa (309/100)

Subclass 309/100 Eligibility & Application

We assess your eligibility for the offshore partner visa pathway and meticulously prepare your Subclass 309 (provisional) application.

Relationship Evidence & Documentation

Our lawyers provide expert guidance on compiling comprehensive evidence to prove your genuine and ongoing relationship from offshore.

Permanent Visa (Subclass 100) Processing

We offer continued support for the Subclass 100 permanent visa stage, ensuring all requirements are met after the initial temporary grant.

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We encourage a free 15-minute call to discuss your situation & map out a path to securing your Subclass 309 & 100 Offshore Partner Visa.

What Our Happy Clients Say

Hear directly from our successful learners.

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Applying for Your Partner Visa from Outside Australia

The Subclass 309/100 visa pathway is for partners of Australian citizens, permanent residents, or eligible New Zealand citizens who are applying from outside Australia. This two-stage process allows you to first enter Australia on a temporary visa (Subclass 309).

Successfully navigating this offshore application requires demonstrating a genuine and ongoing spousal or de facto relationship. Comprehensive evidence and meeting all criteria from the outset are crucial, as you must be offshore when the Subclass 309 visa is granted.

About the Subclass 309 (Provisional) Visa

The Partner (Provisional) visa (Subclass 309) is the first stage of your offshore application. If granted, it allows you to live, work, and study in Australia temporarily while your permanent partner visa (Subclass 100) is processed.

You must be outside Australia when you apply and typically also when the Subclass 309 visa is decided. This visa assesses the genuineness of your relationship at the time of application. Meeting health and character requirements is also essential for this initial stage.

Why Choose Moya Migration Law for Your Offshore Partner Visa?

Applying for a partner visa from outside Australia can be complex and lengthy. Moya Migration Law offers specialised expertise in Subclass 309 & 100 visas, a dedicated client-focused approach, and strategic preparation to secure your future together in Australia.

Expertise in Offshore Partner Visas (309/100)

Our lawyers have extensive experience with the specific requirements of the Subclass 309 provisional and Subclass 100 permanent partner visas.

Client-Focused Approach for Offshore Applicants

We provide personalised service and clear communication, understanding the unique challenges of applying for a partner visa while living overseas.

Strategic Application & Evidence Preparation

We develop tailored strategies for your offshore application, focusing on meticulous evidence gathering to prove your genuine relationship.

In-Depth Knowledge of Partner Visa Law

Our profound understanding of Australian partner visa law and policy ensures your 309/100 application is expertly prepared and managed.

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Our 5-Step Offshore Partner Visa (309/100) Process

Applying for your partner visa from overseas requires careful planning and execution. Moya Migration Law guides you through our structured process, ensuring meticulous preparation and dedicated support from your initial Subclass 309 application to achieving your permanent Subclass 100 visa.

1

Initial Consultation & Offshore Eligibility Assessment

We assess your eligibility for the Subclass 309/100 pathway, discussing your relationship evidence and the requirements for applying from outside Australia.

2

Subclass 309 Application & Evidence Preparation

Our team meticulously prepares your provisional (Subclass 309) visa application, guiding you on compiling comprehensive relationship evidence.

3

Offshore Application Lodgement & Processing

We manage the lodgement of your Subclass 309 application with the Department and liaise on your behalf throughout the offshore processing period.

4

Subclass 100 Permanent Visa Assessment

Around two years after your 309 application, we assist with the Subclass 100 permanent visa assessment, ensuring updated evidence is provided.

5

Guiding You to Permanent Residency in Australia

Following a successful outcome for your Subclass 100 visa, we guide you on the final steps to secure your permanent residency in Australia.

Principal Lawyer Daniel Moya

Meet Daniel Moya, Your Offshore Partner Visa Lawyer

Moya Migration Law is led by Principal Lawyer Daniel Moya, who personally manages each client’s offshore partner visa application. With over two decades in Australian migration law since 2002, Daniel offers expert guidance for the Subclass 309 and 100 visa pathway.

Daniel is committed to providing clear, personalised advice and meticulously preparing your application to reunite you with your partner in Australia. He understands the complexities of offshore processing. Daniel also offers legal assistance in Spanish.

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15-Min Consultation

Securing Your Subclass 100 (Permanent) Visa

The Partner (Migrant) visa (Subclass 100) is the second stage, leading to permanent residency. Eligibility for this visa is generally assessed about two years after your Subclass 309 application was lodged, provided your relationship is still genuine and ongoing.

The Department will require updated evidence of your relationship. Demonstrating continued commitment and shared life is vital. Failing to meet requirements at this stage can jeopardise your permanent stay, making thorough preparation critical.

Meeting Offshore Partner Visa Requirements

For both the Subclass 309 and 100 visas, you and your Australian partner (sponsor) must meet specific criteria. This includes proving your relationship is genuine across financial, social, household, and commitment aspects.

Your sponsor must also meet eligibility requirements. Health and character checks are mandatory for the applicant. Any inconsistencies or lack of evidence can lead to refusal, highlighting the need for careful, expert preparation of your application from offshore.

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15-Min Consultation

Frequently Asked Questions About Offshore Partner Visas (Subclass 309/100)

What is the Offshore Partner Visa (Subclass 309/100)?

This is a two-stage visa for partners of Australian citizens, permanent residents, or eligible NZ citizens, applying from outside Australia. The Subclass 309 is a temporary visa, leading to the permanent Subclass 100 visa.

Who can sponsor an applicant for a Subclass 309/100 visa?

The sponsor must generally be an Australian citizen, Australian permanent resident, or an eligible New Zealand citizen, aged 18 or over, and meet character requirements.

Where must I be when applying for the Subclass 309 visa?

You must be outside Australia when you lodge your application for the Subclass 309 (Provisional) Partner visa, and typically also when this visa is granted.

What are the main requirements for the Subclass 309/100 visas?

You must be married to or in a de facto relationship with your Australian sponsor, have a genuine and ongoing relationship, meet health and character criteria, and your sponsor must be approved.

How long does the Subclass 309/100 visa process take?

Processing times vary significantly. The Subclass 309 can take many months to over a year. Eligibility for the Subclass 100 permanent visa is usually assessed about two years after the 309 application date.

Can I include dependent children in my Subclass 309/100 application?

Yes, you can usually include your dependent children in your offshore partner visa application. They must also meet health and character requirements.

What kind of evidence is needed to prove my relationship?

You need comprehensive evidence covering financial aspects, the nature of your household, social aspects of your relationship, and your mutual commitment, from the beginning of your relationship.

Can I work in Australia on a Subclass 309 visa?

Yes, once the Subclass 309 visa is granted and you arrive in Australia, you generally have full work and study rights.

What happens if my relationship ends after the Subclass 309 is granted but before the Subclass 100?

You must inform the Department. There are limited circumstances where you might still be granted the permanent visa, such as if there are children of the relationship or family violence occurred.

Our Services

Administrative Review Tribunal (ART) Appeals ART Visa Appeals

Visa refused or cancelled? Don’t give up hope. Expert representation for your ART review to challenge the decision.

Visa Refusals

If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.

Visa Cancellations

Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get expert advice and management for your unique circumstances.

Partner Visas

Begin your journey to permanent residency. Expert support for all Partner Visa applications, navigating the complex system with confidence.

Protection Visas

Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.

Family Visa

Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, expert advice.

Citizenship

Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.

Notary Public in Adelaide Notary Public

Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.

Court Appeals (Judicial Review) Judicial Review

Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.