Offshore
partner visa
The legal framework for spouses and de facto partners of Australian citizens or residents who are currently residing outside Australia.
Global Strategy
The Subclass 309 (Provisional) and Subclass 100 (Migrant) applications are processed in two stages. Applicants must be outside Australia when they apply. This subclass is the cornerstone of family reunification for global couples, requiring a forensic cross-border evidentiary portfolio.
Managing an offshore application means navigating the processing practices of Australian missions in your region (for example London, Dubai or New Delhi). We tailor the evidence strategy to the requirements applied to your caseload.
Core Requirements
- ●The application must be lodged while you are outside Australia.
- ●Proof of a genuine and continuing relationship across the four pillars of evidence.
- ●Health and character clearances for every country you have lived in — often the slowest part of the file.
2026: Decision-Ready or Refused
Home Affairs’ April 2026 partner processing update applies offshore too: applications should be complete and decision-ready at lodgement, with typically one s 56 request before a decision and ImmiAccount as the only accepted channel. For offshore couples the freshness rules bite hardest — overseas police certificates and health examinations expire, and cross-border evidence goes stale while you wait.
We sequence the file so that the slowest documents are ordered first and everything is still valid on the day of lodgement.
Government charges (paid to Home Affairs) — from 1 July 2026
The visa application charge is not refunded if the application is refused. Health examinations, police certificates and any professional fees are additional.
Fees current as at 3 July 2026 (FY2026-27); the charge at your lodgement date applies — confirm at immi.homeaffairs.gov.au.
Offshore FAQs
Can I visit Australia while the 309 is processing?
Generally yes, on a separate visitor visa — but you must be outside Australia when the 309 is granted. We manage the travel calendar around expected decision windows so a grant is not delayed by your location.
Should we apply onshore instead?
If the applicant can lawfully be in Australia on a substantive visa, the onshore 820/801 stream offers bridging rights and work access during processing. The right choice depends on travel plans, visa history and where your evidence sits. This is the first strategic decision we work through with you.
When does the permanent 100 stage happen?
Usually two years after the combined application was lodged, the Department reassesses the relationship for the permanent stage. Long-standing relationships may be considered for a direct permanent grant.
Two countries. One complete file
Book a consultation with an Australian migration lawyer and have your offshore application sequenced and audited before lodgement.
Book a consultation