Offshore Partner Visa Australia

An offshore partner visa allows the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to come to Australia while the relationship is assessed for permanent residence. This guide is written for the Australian partner who wants to bring their partner to Australia.

The offshore partner visa is not a single visa. It is two visas applied for together: the provisional Subclass 309 partner visa and the permanent Subclass 100 partner visa. The Australian partner acts as sponsor. The overseas partner is the visa applicant.

Many couples search for how to "apply from overseas". In practice, nobody lodges a paper offshore partner visa at an embassy. The application is made online in ImmiAccount. What makes it an offshore partner visa is where the applicant is physically located: the overseas partner must be outside Australia when the application is made and outside Australia when the Subclass 309 is granted.

This article is the sponsor's practical guide. It explains what the Australian partner does, what the overseas partner does, how to prove a relationship when you have lived in different countries, what happens if your partner visits Australia during processing, and the most common reasons an offshore partner visa goes wrong. For an overview of every partner visa pathway, see the complete guide to partner visas in Australia.

What is an offshore partner visa?

An offshore partner visa is the combined Subclass 309 and Subclass 100 application for a partner who is outside Australia. The Subclass 309 is a provisional visa. It allows the overseas partner to travel to Australia and live here. The Subclass 100 is the permanent visa that follows.

The two subclasses are applied for at the same time, in one application, with one partner visa charge. The Department of Home Affairs first decides the Subclass 309. It then assesses the Subclass 100 later, once the relationship has continued for the required period.

The offshore pathway has the same core relationship requirement as the onshore partner visa. The applicant must be the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and the relationship must be genuine and continuing. The difference is location. The onshore Subclass 820 partner visa is for applicants who are in Australia when they apply. The offshore partner visa is for applicants who are outside Australia.

The Subclass 309 provisional stage

The Subclass 309 is the first stage of the offshore partner visa. It is granted when the Department is satisfied that the applicant meets the relationship, sponsorship, health, character and public interest requirements. The applicant must be outside Australia at the time of grant.

Once the Subclass 309 is granted, the holder can travel to Australia and remain here until the Subclass 100 is decided. The grant is the moment most couples are waiting for, because it ends the period of living apart.

The Subclass 100 permanent stage

The Subclass 100 is the permanent stage of the offshore partner visa. Eligibility is generally assessed about two years after the combined application was lodged. At that point the Department asks for updated information and evidence that the relationship is continuing. The applicant can be in or outside Australia when the Subclass 100 is decided.

The structure mirrors the onshore pathway, where the Subclass 820 is followed by the Subclass 801. If you want to understand how the two stages work on the onshore side, the article on Subclass 820 compared with Subclass 801 explains the same two-stage logic.

Who applies for an offshore partner visa, and who sponsors it?

The overseas partner is the applicant for the offshore partner visa, and the Australian partner is the sponsor. Both have legal obligations, and both provide evidence. The Australian partner is usually the person who organises the application, gathers most of the documents and deals with the Department.

There is no paper application lodged overseas

The offshore partner visa application is made online in ImmiAccount. An application is not handed in at an Australian embassy or posted to an overseas office. Either partner can set up the ImmiAccount, or a registered migration agent or lawyer can lodge it after being appointed. If you are setting up the account yourselves, the guide on how to create an ImmiAccount walks through the steps.

The phrase "apply from overseas" is therefore misleading. The legal question is not where the computer is. The legal question is where the applicant is physically located on the day the application is made, and again on the day the Subclass 309 is granted.

The overseas partner must be outside Australia at two points

The overseas partner must be outside Australia when the offshore partner visa application is made. The overseas partner must also be outside Australia when the Subclass 309 is granted. If the applicant is in Australia when the Department is ready to decide, the Subclass 309 cannot be granted until they leave.

This rule drives many of the practical decisions in the matter. It affects when to lodge, whether to travel, and how long a visit to Australia should last. It is covered in detail later in this guide.

Appointing a representative

If the couple appoints a registered migration agent or lawyer, the appointment is notified to the Department using Form 956. The applicant can also nominate an authorised recipient for correspondence using Form 956A. The article on Form 956 and Form 956A explains the difference.

Offshore partner visa or onshore partner visa: which applies to you?

The offshore partner visa applies when the overseas partner is outside Australia and intends to remain outside Australia until the Subclass 309 is granted. The onshore partner visa applies when the applicant is in Australia at the time of application.

The choice is not a matter of preference alone. Each pathway has its own legal requirements and risks.

When the onshore pathway may be considered

Some applicants are already in Australia on a visitor visa, a student visa or another temporary visa. They may be able to apply onshore for the Subclass 820 instead of an offshore partner visa. However, an onshore application raises its own issues. A current visa may carry condition 8503 (No Further Stay), which generally prevents a further substantive visa application in Australia unless it is waived. The article on condition 8503 and the Subclass 820 explains this.

An applicant in Australia without a substantive visa must also meet the Schedule 3 criteria unless they are waived for compelling reasons. See the Schedule 3 waiver page and the article on Schedule 3 criteria for partner visas.

Couples who are considering a visit followed by an onshore application should read the guide on moving from a tourist visa to a partner visa before anyone books a flight. A visitor visa granted on the basis of a genuine temporary visit is not a substitute for a properly planned offshore partner visa.

When the couple is not yet married

If the couple is engaged and intends to marry in Australia, the Subclass 300 Prospective Marriage visa may be relevant. It is lodged while the applicant is outside Australia. The couple then marries within the visa period, and the applicant applies onshore for the Subclass 820 and Subclass 801. See the Subclass 300 Prospective Marriage visa page.

If the couple is already married, or already meets the de facto requirements, the combined Subclass 309 and Subclass 100 application is usually the direct route for a partner who is outside Australia.

Same-sex couples

The Subclass 309 and Subclass 100 are available to same-sex couples on the same basis as other couples. Married same-sex couples and de facto same-sex couples can apply. Evidence issues can arise where the relationship cannot be shown openly in the applicant's home country. The LGBTI partner visa page addresses this.

The Australian partner's role in an offshore partner visa

The Australian partner's role in an offshore partner visa is larger than many sponsors expect. The sponsor is not simply a name on the form. The sponsor provides evidence, makes declarations, may be checked for character, and carries legal obligations that continue after the grant.

Sponsoring online in ImmiAccount

The Australian partner sponsors the applicant online in ImmiAccount as part of the process. The sponsorship is completed through the online sponsorship form (Form 40SP) linked to the application. The sponsor provides identity documents, evidence of Australian citizenship, permanent residence or eligible New Zealand citizenship, and their part of the relationship evidence.

The sponsor's undertakings include supporting the applicant financially and with accommodation, as reasonably necessary, during the first period after the applicant arrives. These undertakings are legal commitments. Sponsors should read them carefully before signing.

Sponsorship limitations

Not every Australian partner can sponsor. The sponsorship limitations generally prevent a person from sponsoring more than two partners in their lifetime, or sponsoring a partner within five years of a previous partner sponsorship, unless there are compelling circumstances. Similar limits can apply if the sponsor was themselves granted a partner visa within the last five years.

These limits are found in regulation 1.20J of the Migration Regulations 1994. If you have sponsored a partner before, or you came to Australia on a partner visa, check this before anything else. The sponsorship limitations page and the article on when a sponsor cannot sponsor a partner visa explain the rules and the compelling circumstances exception.

Police certificates for the sponsor

The Australian partner may need to provide their own police certificates. This arises most often where the application includes a child under 18. In those cases the law requires the Department to consider whether the sponsor has relevant convictions, and the sponsor can be asked for Australian and overseas police certificates. The Department may also ask a sponsor for police certificates in other circumstances.

A sponsor with a criminal history is not automatically prevented from sponsoring. The question is assessed under the relevant provisions, and disclosure must be complete and accurate. A sponsor in this position should obtain advice before lodgement, not after a request arrives.

Sponsors who live overseas with their partner

Many Australian partners are living overseas with their partner when they decide to come home. An Australian citizen sponsor who lives outside Australia can sponsor an offshore partner visa, but the couple must show a genuine intention to live together in Australia. Evidence of the move, such as plans for work, housing, schooling or a return date, becomes important.

Where the Australian sponsor is a permanent resident living overseas, there are additional questions about residence and the validity of their own visa. These matters need individual advice before lodgement.

Evidence the sponsor gathers in Australia

Much of the evidence for the application sits with the Australian partner. The sponsor usually holds the records of money sent overseas, the bookings for trips to the applicant's country, and the bank statements showing travel spending. The sponsor also knows the Australian citizens and permanent residents who can give Form 888 statements.

Sponsors should begin collecting these records early. Bank statements, airline confirmations and remittance receipts are easier to download when the account is current than years later. A simple folder for each visit, holding the bookings, receipts and photographs, saves considerable time when the application is prepared.

The sponsor should also gather evidence of their own circumstances in Australia. Evidence of employment, of housing that will accommodate the couple, and of the sponsor's links to the community supports the plan to live together in Australia. Where the sponsor will need to move or change employment when the applicant arrives, that plan should be explained.

Sponsors involved in an earlier refused application

Some sponsors have been involved in an earlier partner visa application that was refused or withdrawn. That history is relevant. It must be disclosed, and any differences between what was said in the earlier application and what is said now must be explained. The article on getting a second opinion from an immigration lawyer explains how a prior application can be reviewed before a new one is lodged.

Sponsors across Australia

Australian partners sponsor offshore partner visas from every state and territory. My Migration Lawyers holds consultations by video, so the location of the sponsor does not limit the advice available. Sponsors in New South Wales often begin with the partner visa lawyers Sydney page, and Victorian sponsors with the partner visa lawyers Melbourne page. Queensland sponsors can read the partner visa lawyers Brisbane page, Western Australian sponsors the partner visa lawyers Perth page, and South Australian sponsors the partner visa lawyers Adelaide page. Sponsors comparing advisers can also read how to choose a partner visa lawyer on the Gold Coast or how to choose a partner visa lawyer in Canberra.

Married or de facto: the relationship requirement for an offshore partner visa

The offshore partner visa is available to married spouses and to de facto partners. In both cases the Department must be satisfied that the couple has a mutual commitment to a shared life as spouses or partners to the exclusion of all others, that the relationship is genuine and continuing, and that the couple lives together or does not live separately and apart on a permanent basis.

The last element matters for offshore couples. Living in different countries because of visa or work constraints is not the same as living separately and apart on a permanent basis. The law recognises that couples are sometimes apart temporarily. The evidence must show that the separation is temporary and that the couple intends to live together.

Married couples

A married couple must have a valid marriage that is recognised in Australia. A marriage celebrated overseas is generally recognised if it was valid where it took place and is not a marriage Australian law refuses to recognise. The marriage certificate is essential, together with an English translation where it is not in English. A marriage certificate on its own does not prove a genuine relationship. The four aspects of the relationship are still assessed.

De facto couples

A de facto couple generally must have been in the de facto relationship for at least 12 months before the offshore partner visa application is made. The 12-month requirement does not apply if the relationship is registered in an Australian state or territory, or if compelling and compassionate circumstances apply.

The 12-month period is a frequent problem for offshore couples, because they may have spent much of their relationship in different countries. Time apart does not automatically break the period, but the couple must show that the relationship existed as a de facto relationship throughout. The article on the de facto partner visa and the 12-month rule and the article asking whether you really need 12 months of de facto relationship explain the rule and its exceptions.

Relationship evidence for an offshore partner visa when you have lived apart

Relationship evidence for an offshore partner visa must show a genuine and continuing relationship across four aspects: financial aspects, the nature of the household, social aspects and the nature of the commitment. These four aspects come from the regulations. They are not four separate statements. They are the headings under which the Department weighs all the evidence together.

Couples who live together in one city can show a shared household fairly easily. Couples applying for an offshore partner visa often cannot. Their evidence must show the relationship as it actually exists across distance. The general guide on partner visa evidence and how to prove your relationship is genuine covers the four aspects in detail. The points below focus on what changes when the couple has lived apart.

Periods of living together

If the couple has lived together at any time, in Australia, in the applicant's country or in a third country, that period should be documented. Leases, utility accounts in both names, mail addressed to both partners at the same address, and photographs of the shared home are all useful. Even a few months of cohabitation helps show the nature of the household.

The Tribunal decision in PHAM (Migration) [2019] AATA 3680 concerned a Subclass 309 de facto relationship where the couple lived in separate countries but had previously lived together, and the relationship history was examined. The decision illustrates that a period of living apart is assessed against the whole history of the relationship.

Visits

For an offshore partner visa, visits are often the strongest evidence of the relationship. Each visit should be documented with travel bookings, boarding passes, passport stamps where available, accommodation records and photographs. A clear timeline of visits, showing who travelled where and for how long, helps the case officer see the pattern of the relationship.

Visits to meet family are especially valuable. They show that the relationship is known and accepted by the families of both partners. This is evidence of the social aspects and the nature of the commitment.

Communication

Regular communication shows that the relationship continued between visits. Call logs, messaging app histories and video call records are commonly provided. The evidence should be representative and spread across the relationship, rather than thousands of pages of screenshots. Volume does not replace quality. A selection that shows the frequency and depth of contact over time is more useful.

In Raymont (Migration) [2020] AATA 5584, a Subclass 309 matter, the issues included the applicants' visits to each other's countries, the applicant's inaccurate knowledge of the sponsor and the methods of communication. The case shows that what the partners know about each other's lives can be tested, and that communication evidence is weighed alongside it.

Financial support

Where one partner supports the other financially across borders, money transfer records are relevant evidence of the financial aspects of the relationship. Joint bank accounts, shared payment of travel costs, and contributions to a shared goal such as a wedding or a home are also relevant.

Singh (Migration) [2018] AATA 5925 was a Subclass 309 matter in which the sponsor financially supported the visa applicant, the couple had lived in separate countries for many years, and the relationship was widely recognised. It illustrates that financial support and social recognition can carry weight where the couple cannot share a household.

Plans to live together in Australia

The nature of the commitment includes the couple's plans for the future. For an offshore partner visa, those plans should be concrete. Where will the couple live? Who will work, and where? Has the sponsor arranged housing? Are there plans for children or for schooling of existing children? Evidence such as a lease, an employment letter or enquiries about schools makes the plan real.

The relationship statement

There is one relationship statement for the couple, covering how they met, how the relationship developed, periods together and apart, how they support each other, and their future plans. It is the couple's own account, reviewed and corrected by them. The guide on how to write a partner visa relationship statement explains the structure.

Dates in the statement must match the visit records, the application form and every other document. Inconsistent dates are one of the most common reasons an offshore partner visa attracts further questions.

Form 888 witness statements

Form 888 statements are supporting statements from Australian citizens or permanent residents who know the couple. They are not statutory declarations. For an offshore partner visa, the Australian partner usually arranges these witnesses, because the witnesses must be Australian citizens or permanent residents and are often the sponsor's friends and family.

Good witnesses have met both partners, ideally in person, and can describe the relationship from their own knowledge. The article on Form 888 and who can make one and the article with Form 888 example answers and common mistakes explain what a useful statement contains. In limited special partner visa cases, statutory declarations are required instead of Form 888 statements, and lodging the wrong document can affect validity. This should be checked case by case.

For a full list of the documents, see the partner visa document checklist and the article on preparing evidence of a genuine relationship.

The overseas partner's steps in an offshore partner visa

The overseas partner has their own set of tasks in an offshore partner visa. Many of them depend on the country where the applicant lives and the countries where they have lived before. The Australian partner usually coordinates these steps from Australia.

Identity documents

The applicant needs a valid passport and national identity documents. Birth certificates, documents showing any change of name, and evidence of previous marriages and divorces are commonly required. Identity inconsistencies, such as different dates of birth in different documents, must be explained before they are raised by the Department.

Health examinations

The applicant must undergo health examinations with a panel physician approved by the Department. Dependent family members included in the application must also be examined. The Department arranges the health requirements through its online health system, and the applicant attends the examination in their country.

Health examination results are valid for a limited period. They can also affect the date by which the applicant must first enter Australia after the Subclass 309 is granted. Timing therefore matters.

Police certificates

The applicant must provide police certificates from the countries where they have lived, as required by the Department's character requirements. Each country has its own process. Some issue certificates quickly. Others require applications through an embassy or take a long time. Applicants who have lived in several countries should start early.

The Department may also request Form 80, the personal particulars form for character assessment, and Form 1221, additional personal particulars. These are commonly requested by a section 56 request for more information. The guide to completing Form 80 without errors explains why answers in Form 80 must match the rest of the application.

Biometrics

The applicant may be asked to provide biometrics, usually a photograph and fingerprints, at an Australian Visa Application Centre or similar location. The Department sends the request through ImmiAccount. The request must be acted on within the time given.

Translations

Documents that are not in English must be translated into English. The translation should be complete and identify the translator. Partial translations and informal translations cause delay and can lead to documents being disregarded.

Public interest criteria and the Australian Values Statement

The applicant must also meet the public interest criteria, including signing the Australian Values Statement. Previous visa history matters. A prior refusal, cancellation or overstay in Australia or another country must be disclosed accurately. The article on applying for a partner visa after a visa refusal deals with this.

How the offshore partner visa application is lodged online

The offshore partner visa application is lodged online in ImmiAccount by the applicant, the sponsor or the appointed representative. The process follows a clear sequence, and the order matters.

Step 1: Check eligibility and location

Confirm that the relationship meets the married or de facto requirements, that the sponsor is eligible and not subject to the sponsorship limitations, and that the applicant is outside Australia. If the applicant is in Australia, the timing of departure and lodgement must be planned.

Step 2: Prepare the evidence before lodging

The evidence should be assembled and reviewed before the offshore partner visa is lodged. An application lodged with thin evidence invites requests, delay and doubt. A complete application allows the case officer to make a decision without returning to the couple repeatedly.

Step 3: Lodge the combined application and pay the partner visa charge

The applicant's part of the offshore partner visa application is completed in ImmiAccount, the evidence is attached, and the partner visa charge is paid. The combined Subclass 309 and Subclass 100 application is made at that point.

Step 4: Complete the sponsorship

The sponsor completes the online sponsorship linked to the application and attaches their own documents. A delay in the sponsorship delays the whole offshore partner visa.

Step 5: Respond to requests

The Department may request health examinations, police certificates, biometrics, Form 80 or further evidence. A section 56 request for more information sets a time limit. If the Department proposes to rely on adverse information, it may send a natural justice letter, and the response to that letter can be decisive. See the article on responding to an s57 natural justice letter.

Step 6: Report changes

Changes of address, passport, relationship status or family composition must be reported. The article on Form 1022 change of circumstances explains when to notify the Department.

Can your partner visit Australia while the offshore partner visa is processed?

Yes, the overseas partner can apply for a visitor visa to come to Australia while the offshore partner visa is being processed, but the visitor visa is decided on its own merits and the Subclass 309 cannot be granted while the applicant is in Australia.

A pending offshore partner visa does not give the applicant a right to enter Australia. The visitor visa application is assessed separately. The Department considers whether the applicant genuinely intends a temporary stay. A pending partner visa application is relevant to that assessment, and the outcome cannot be assumed.

The risk of being in Australia at grant

The Subclass 309 can only be granted while the applicant is outside Australia. If the Department is ready to decide while the applicant is visiting, it may contact the couple and ask the applicant to depart so the decision can be made. The grant is then delayed until the applicant has left.

Couples should plan visits with this in mind. Short, defined visits with a return booking are generally safer than open-ended stays. If the Department has asked for final documents, such as health examinations or police certificates, a grant may be close, and travel to Australia at that stage needs particular care.

Conditions on the visitor visa

A visitor visa may be granted with condition 8503 (No Further Stay). That condition generally prevents the holder from applying for most substantive visas while in Australia, including an onshore partner visa, unless it is waived. This is another reason why the offshore partner visa and any visit must be planned together. See the article on the No Further Stay condition 8503.

Visits as evidence

Visits during processing also create further relationship evidence. Travel records, photographs and shared activities during the visit can be provided at the permanent stage, or earlier if the Department asks for updated evidence.

What happens when the Subclass 309 is granted?

When the Subclass 309 is granted, the overseas partner holds a provisional visa that allows them to travel to Australia and live here while the permanent Subclass 100 is assessed. The grant notice sets out the conditions of the visa and any date by which the holder must first enter Australia.

Initial entry to Australia

The grant notice may specify a date by which the holder must make their first entry to Australia. That date is commonly linked to the expiry of the health examination or police certificates. It must be checked on the grant notice and complied with. Missing it can create serious problems with the visa.

Moving to Australia

After first entry, the holder can live in Australia with the sponsor. The sponsor's undertakings to support the applicant apply during this period. The couple should keep records of the shared household from the date of arrival, because those records become key evidence at the permanent stage of the offshore partner visa.

Work, study and travel

A Subclass 309 holder can work and study in Australia. The holder can also travel in and out of Australia while the visa is in effect. Long absences should be considered carefully, because the relationship must remain genuine and continuing and the couple must not live separately and apart on a permanent basis.

Medicare

A Subclass 309 holder who is in Australia can generally apply to enrol in Medicare, because they hold a provisional partner visa and have applied for a permanent visa. Enrolment is handled by Services Australia, not by the Department of Home Affairs.

Reporting changes after grant

Changes in circumstances must still be reported after the Subclass 309 is granted. This includes a change of address and, in particular, a change in the relationship. If the relationship ends, the consequences for the offshore partner visa depend on the circumstances, and advice should be obtained promptly.

The permanent stage of the offshore partner visa: Subclass 100

The permanent stage of the offshore partner visa is the Subclass 100. Eligibility is generally assessed about two years after the combined application was lodged. The Department asks for updated information and evidence that the relationship is continuing.

What is provided at the permanent stage

At the permanent stage the couple usually provides updated evidence across the four aspects of the relationship: joint finances, the shared household in Australia, social recognition, and the continuing commitment. Updated Form 888 statements are commonly requested. Updated police certificates may also be requested.

Because the couple is now usually living together in Australia, this evidence is often easier to provide than the evidence for the Subclass 309. It should still be organised carefully. A strong provisional application followed by a careless permanent stage is a common pattern.

Long-term relationships

In some cases the Subclass 100 may be considered at the same time as the Subclass 309, for example where the couple has been in a long-term relationship when the offshore partner visa application is made. Whether this applies depends on the facts, and it should be checked when the application is prepared.

When the relationship ends

If the relationship ends before the permanent stage, the applicant may still be eligible for the permanent visa in limited situations. These include where the sponsor has died, and where the applicant or a family member has experienced family violence by the sponsor. See the family violence partner visa page. The onshore article on what happens when the relationship breaks down explains the general principles.

Including children in an offshore partner visa

Dependent children of the applicant can generally be included in the offshore partner visa application as secondary applicants. They must meet the health and character requirements that apply to them. They must also be outside Australia when the application is made and when the Subclass 309 is decided, in the same way as the main applicant.

Consent of the other parent

Where a child is included and the other parent is not part of the application, the Department generally requires evidence that the other parent consents to the child migrating to Australia, or a court order allowing it. This can be one of the hardest documents to obtain, and it should be addressed early.

Older dependent children

Children who are older may need to show that they are dependent on the applicant. The Tribunal has dealt with Subclass 309 matters involving adult dependent children and members of the family unit. These questions are fact specific and should be assessed before lodgement.

Sponsor checks when children are included

Where a child under 18 is included, the sponsor may be asked for police certificates and the Department considers whether the sponsor has relevant convictions. Sponsors should be ready for this.

Planning the move to Australia before the Subclass 309 is granted

The period before grant is the best time for the couple to plan the practical side of the move. The sponsor can arrange accommodation suitable for the household, consider the applicant's employment prospects, and research schooling where children are included. These steps support the relationship evidence and make the arrival smoother.

Keeping the evidence current

Processing can take a considerable time. The Department publishes indicative times in its processing time guide tool, and those times change. During that period the relationship continues and new evidence is created: further visits, continued communication, continued financial support and family events. That evidence should be kept and organised. The Department may ask for updated evidence before deciding the Subclass 309, and it will ask for updated evidence at the permanent stage.

Telling the Department about changes

Changes during processing must be reported. A new passport, a change of address, the birth of a child or a change in the relationship are all relevant. A new child of the relationship may be able to be added to the application, and the procedure should be checked when the birth occurs.

Thinking about long-term residence

The offshore partner visa leads to permanent residence through the Subclass 100. Permanent residence is the foundation for later steps, such as Australian citizenship, which has its own residence requirements. Couples who plan to spend periods overseas after the grant should consider how that may affect the permanent stage and later citizenship eligibility. General guidance on immigration advice is available in the article on what an immigration lawyer does and when you need one and the article on using an immigration lawyer for a partner visa.

Common reasons an offshore partner visa goes wrong

An offshore partner visa most often goes wrong because the evidence does not explain the relationship across distance, or because the application contains inconsistencies the couple did not notice. The general article on why partner visas get refused covers refusal grounds. The points below are the issues that arise most often in offshore matters.

Thin evidence of the time apart

Many couples provide good evidence of their visits and very little for the months in between. The Department then sees a relationship that appears only during holidays. Communication records, financial support and the couple's plans fill that gap.

Inconsistent dates and details

Dates of meeting, visits, engagement, marriage and cohabitation must be consistent across the relationship statement, the application form, Form 888 statements and Form 80. Inconsistency invites doubt about the whole offshore partner visa.

Undisclosed history

Previous relationships, previous partner visa applications, previous refusals, and earlier visa applications that described the relationship differently must be disclosed and explained. Incorrect information can lead to refusal under the public interest criteria, with consequences that last beyond the current application.

Sponsor problems

A sponsor who is subject to the sponsorship limitations, or who has relevant convictions where children are included, can be the reason an offshore partner visa fails. These issues are assessed before the relationship is even considered.

Health and police certificate delays

An applicant who delays health examinations or police certificates can delay the whole offshore partner visa. Where certificates expire before the decision, they may need to be obtained again.

Being in Australia at the wrong time

An applicant who is visiting Australia when the Department is ready to grant cannot be granted the Subclass 309 until they leave. In some situations, an applicant who intends to stay may also face difficulty extending their stay. Visits should be planned with the decision timeline in mind.

Applicant character concerns

An applicant who has a criminal record, a history of visa refusal or cancellation, or an immigration debt must disclose it. Character concerns are assessed under the character test and the public interest criteria. Non-disclosure is often more damaging than the underlying issue, because it can lead to a finding that false or misleading information was provided. Where a visa has previously been cancelled, the visa cancellations page explains the general consequences.

Lodging before the application is ready

Some couples lodge quickly because they want the processing period to start. An application lodged before the evidence is ready, before the sponsor has confirmed eligibility, or before health and police steps are planned often takes longer overall. Couples who lodged on their own and later want help can read about hiring an immigration lawyer after lodging your own visa application.

If an offshore partner visa is refused

If an offshore partner visa is refused, the decision may be reviewable by the Administrative Review Tribunal. For an offshore partner visa refusal, the review application is generally made by the Australian sponsor. The deadline for applying for review is short and strictly applied, and it runs from the date set out in the decision notice.

A refusal does not always mean the relationship is not genuine. It may reflect missing evidence, a sponsorship issue or a procedural problem. The Tribunal reconsiders the decision and can take new evidence into account. See the partner visa refusals page, the article on partner visa refusal appeal options and the article on what to expect in an ART review. Sponsors who have received a decision should also read about when to engage a visa appeal lawyer and the general visa refusals page.

How My Migration Lawyers prepares an offshore partner visa for Australian partners bringing a partner to Australia

My Migration Lawyers acts for Australian partners who want to bring a partner to Australia through the offshore partner visa. The firm acts in many offshore partner visa matters and is capable of handling complex cases, including couples who have spent most of their relationship in different countries, sponsors affected by the sponsorship limitations, applications with prior refusals or character issues, and applications that include children.

In an offshore partner visa matter, the firm works with the Australian partner as the client and as the point of contact. The work typically includes:

• confirming at the outset whether the offshore partner visa is the correct pathway, or whether the Subclass 300 or an onshore application is more appropriate;
• checking the sponsor's eligibility, including the sponsorship limitations and any sponsor police certificate requirements;
• planning the timing of lodgement, health examinations, police certificates and any visits so that the applicant is outside Australia when required;
• reviewing the couple's evidence of visits, communication, financial support and future plans, and identifying gaps before lodgement;
• reviewing the couple's own relationship statement and presenting it in the form the law requires, and advising on suitable Form 888 witnesses;
• lodging the combined Subclass 309 and Subclass 100 application in ImmiAccount and completing the linked sponsorship;
• responding to section 56 requests and natural justice letters; and
• preparing the permanent Subclass 100 stage.

The service page for this work is the Subclass 309 offshore partner visa service page. The wider partner visa practice is described on the partner visa lawyers page, and the firm's Principal Lawyer is Weiwei Zhang. The article on when you need a partner visa lawyer and the comparison of using a partner visa lawyer with doing it yourself explain what legal representation involves.

Consultations are held by video, so sponsors anywhere in Australia can obtain advice on an offshore partner visa. Sponsors in Tasmania can read the partner visa lawyers Hobart page, sponsors in western Sydney the partner visa lawyers Parramatta page, and sponsors in the ACT the partner visa lawyers Canberra page. Sponsors on the Gold Coast can read the partner visa lawyers Gold Coast page. Sponsors looking for broader immigration advice can see the immigration lawyers Sydney page or the immigration lawyers Melbourne page, or read how to choose a migration lawyer in Brisbane and the guide to partner visa lawyers in Perth.

If you are an Australian partner preparing an offshore partner visa, book a consultation online. You can also call 1300 040 300.