# Partner Visa Offshore(309/100) - Sponsor's residence?



## Mr. Mojo Risin (Apr 17, 2013)

Hello All,

I have a PR and lived in Aus for about 10 months. I was employed for around 6 months during that period as well. It has been almost 3 years since I came back to my home country. I got married a year ago and now thinking againof moving to Aus with my spouse.

We are planning to file a partner visa for my spouse from offshore(309/100) in next month. I will be flying first in June/July to start my job hunt in Aus. We will then file a visit visa (600) for my spouse in September so that we both can stay with each other for sometime while the partner visa is in process. However, I have a basic question regarding the residence of sponsor when partner is applying from offshore.

Can anyone please confirm if the sponsor needs to be residing in Aus while filing partner's visa application from offshore? or sponsor and partner both can be living outside Aus at the same time?


The Australian Government Department of Immigration and Border Protection site mentions that the sponsor needs to be usual resident of Aus but it doesn't clearly say what it actually means. I am finding it pretty ambiguous so need some clarification on the same. 

Sorry if I am repeating the question but I want to be doubly sure about the rules before going ahead. 

Any help will be highly appreciated! Thanks!


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## kaju (Oct 31, 2011)

Mr. Mojo Risin said:


> Can anyone please confirm if the sponsor needs to be residing in Aus while filing partner's visa application from offshore? or sponsor and partner both can be living outside Aus at the same time?
> 
> 
> The Australian Government Department of Immigration and Border Protection site mentions that the sponsor needs to be usual resident of Aus but it doesn't clearly say what it actually means. I am finding it pretty ambiguous so need some clarification on the same.


Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)

Click on the "Sponsor" tab and read that section.


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## Mr. Mojo Risin (Apr 17, 2013)

kaju said:


> Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)
> 
> Click on the "Sponsor" tab and read that section.


Thanks for your swift reply! I just reread the conditions and found out this 
"Australian permanent residents or eligible New Zealand citizens are expected to be living in Australia." Not sure how did I miss that before  

So that seems to have made my entire plan to go for a toss. I will have to reach first and my spouse needs to get a visa grant to come and join me, right? well, that's going to be painful. I am not sure but I have read in in few other posts that the people who were in similar situation filed a partner visa being offshore and then flew to Aus. I guess, later on they notified DIBP about the change in circumstances. Is it really possible or I just misunderstood it?

Thanks again!


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## kaju (Oct 31, 2011)

Mr. Mojo Risin said:


> Thanks for your swift reply! I just reread the conditions and found out this
> "Australian permanent residents or eligible New Zealand citizens are expected to be living in Australia." Not sure how did I miss that before
> 
> So that seems to have made my entire plan to go for a toss. I will have to reach first and my spouse needs to get a visa grant to come and join me, right? well, that's going to be painful. I am not sure but I have read in in few other posts that the people who were in similar situation filed a partner visa being offshore and then flew to Aus. I guess, later on they notified DIBP about the change in circumstances. Is it really possible or I just misunderstood it?
> ...


Usually there can be a little room for a Case Officer to use their discretion. But they have to work within the rules, of course. It used to be, and likely may still be, that a sponsor needed to be "settled", which was interpreted as meaning they'd been an Australian Resident for 2 years. 

But Residents could be out of the country for perhaps a few months (for example) and still be considered a resident, if their home was Australia and it was clear they were coming back.

However, the situation is different for you as you are not really a resident yet. I gave you that link as I too had not noticed that way of saying that sponsors are expected to be living in Australia before. Whether that means you have to be living in Australia to apply, or whether it's just a different way of saying you need to be "settled", (and temporary absences are allowed) I don't know.

It's very likely still going to be that the Case Officer has the discretion to decide whether you can apply, given your situation. I don't think being outside Australia is by itself the issue completely, it's maybe going to be the fact that you have been away for 3 years and haven't returned yet - which doesn't indicate that you are "settled"!

I can't advise you what to do, but you might want to consider contacting DIBP to see what information they can provide, or talk to a MARA-registered Migration Agent for an opinion and advice, although you wouldn't have to have them lodge your application. I don't want to raise your hopes, as I don't know the answer, but perhaps they might see if there are any compelling circumstances to mention to DIBP


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## Mr. Mojo Risin (Apr 17, 2013)

kaju said:


> Usually there can be limited room for a Case Officer to use their discretion. It used to be, and likely may still be, that a sponsor needed to be "settled", which was interpreted as meaning they'd been an Australian Resident for 2 years.
> 
> But Residents could be out of the country for a few months (for example) and still be considered a resident, if their home was Australia and it was clear they were coming back.
> 
> ...


Thank you so much! I will surely try contacting DIBP and consult a MARA nearby as well to see if there's a way which could make my life easier


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## Go2Auss (Jul 10, 2018)

*Did u get information you need?*

Hi,
I am in Similar situation I got a Auss PR granted in India and got married (arranged) after that. Now I and my wife both are residing in India and I want to file for Spouse visa for my wife. I am working in India but not sure
1. if I should start process for her right now while we both are in India ?
2. Shall I go to Auss first and then secure necessary documents and evidences and then apply for her partner visa ad wait for 15+ months for her to join me?

Pls advice
Thanks!


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## Shiltongeorge (Mar 15, 2018)

Go2Auss said:


> Hi,
> I am in Similar situation I got a Auss PR granted in India and got married (arranged) after that. Now I and my wife both are residing in India and I want to file for Spouse visa for my wife. I am working in India but not sure
> 1. if I should start process for her right now while we both are in India ?
> 2. Shall I go to Auss first and then secure necessary documents and evidences and then apply for her partner visa ad wait for 15+ months for her to join me?
> ...


Is it possible that you take her with you on a tourist visa and file for an onshore spouse visa while you are in Aus ?
Will that ensure that your partner is with you for the whole time ?
Bcoz clause in onshore spouse visa says you cannot leave Aus while visa is in process and you would be given a bridge visa...

Can someone explain more about this ?


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## Go2Auss (Jul 10, 2018)

Shiltongeorge said:


> Is it possible that you take her with you on a tourist visa and file for an onshore spouse visa while you are in Aus ?
> Will that ensure that your partner is with you for the whole time ?
> Bcoz clause in onshore spouse visa says you cannot leave Aus while visa is in process and you would be given a bridge visa...
> 
> Can someone explain more about this ?


That is a possibility but what I understand from this forum is that for high risk countries normally there is a clause which gets added to the visa about no extension etc and India being one of such high risk country will have that clause. In that case the spouse even though can join me for 3 months/duration of tourist visa but since no extension can be applied from Australia she would need to come back and initiate partner visa from India.


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## Shiltongeorge (Mar 15, 2018)

Go2Auss said:


> That is a possibility but what I understand from this forum is that for high risk countries normally there is a clause which gets added to the visa about no extension etc and India being one of such high risk country will have that clause. In that case the spouse even though can join me for 3 months/duration of tourist visa but since no extension can be applied from Australia she would need to come back and initiate partner visa from India.


THanks for that info.. but i know one couple who went from India that way..
Do you personally know someone who got the no extension clause or you are expecting ?
Even if we are going on a normal trip australia, will this no extension be added to it ?


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## chnaveedakhtar (Jul 30, 2017)

Hi,

I am having valid PR till 2021 (Visited Australia only once in 2017 to mature my PR)
I applied spouse visa in 2017 from Saudi Arabia when my wife was with me on visit visa. She left for Pakistan in Oct 2017 and since then I am working in Saudi Arabia.

It been more than a year and I am waiting for visa outcome. CO has never asked me about residence.

Can anybody suggest if it is mandatory to be in Australia to apply for spouse visa.


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## chnaveedakhtar (Jul 30, 2017)

Mr. Mojo Risin said:


> Thank you so much! I will surely try contacting DIBP and consult a MARA nearby as well to see if there's a way which could make my life easier


Have you got any information. Please share.


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## chnaveedakhtar (Jul 30, 2017)

kaju said:


> Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)
> 
> Click on the "Sponsor" tab and read that section.


Hi,

I got PR in May 2016 and visited Australia once for three days in Feb 2017.

I applied my spouse visa 309 from Saudi Arabia in June 2017 and submitted all the required documents on 6 June 2018.

I am working offshore and applied visa offshore as well. CO has not inquired about anything related to residency.

Please guide/advise if you have any idea.


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## chnaveedakhtar (Jul 30, 2017)

*Spouse Visa*



kaju said:


> Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)
> 
> Click on the "Sponsor" tab and read that section.


Hi,

I got PR in May 2016 and visited Australia once for three days in Feb 2017.

I applied my spouse visa 309 from Saudi Arabia in June 2017 and submitted all the required documents on 6 June 2018.

I am working offshore and applied visa offshore as well. CO has not inquired about anything related to residency.

Please guide/advise if you have any idea.


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## andreyx108b (Mar 15, 2015)

chnaveedakhtar said:


> Hi,
> 
> I got PR in May 2016 and visited Australia once for three days in Feb 2017.
> 
> ...


what info are you looking for?


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## chnaveedakhtar (Jul 30, 2017)

*Spouse Visa*



andreyx108b said:


> what info are you looking for?


Is it mandatory to be in Australia to apply for spouse visa 309 or it can be applied offshore.


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## andreyx108b (Mar 15, 2015)

chnaveedakhtar said:


> Is it mandatory to be in Australia to apply for spouse visa 309 or it can be applied offshore.


Basic search reveals: 

It's often expected that the sponsor will live in Australia for 2 years to satisfy the "usually resident" definition. 

Search by Mark Northam regarding this



> The legislation does not define " usually resident " in relation to "Australian permanent resident". While it is essential that the sponsor meet the "usually resident" requirement,I do not agree at all that it requires the sponsor to be "settled".





> The DIBP website provides the following definition for "settled":
> 
> A person is considered settled if they are an Australian citizen, Australian permanent resident or an eligible New Zealand citizen who is lawfully resident in Australia for a reasonable period. In normal circumstances, two years is considered to be a reasonable period. For Australian citizens this period may be reduced to at least three months.
> 
> ...


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## chnaveedakhtar (Jul 30, 2017)

andreyx108b said:


> Basic search reveals:
> 
> It's often expected that the sponsor will live in Australia for 2 years to satisfy the "usually resident" definition.
> 
> Search by Mark Northam regarding this


I have applied for 309/100 offshore visa for my wife since June 2017 and I am still living/working in Saudi Arabia.

Currently my wife is in Pakistan and we both are living offshore.

Case officer has not asked anything about it.

What should I do in this case. Should I move to Australia or wait for outcome and move to Australia with family.

Please advise.


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## Shiltongeorge (Mar 15, 2018)

If me and my wife just moved to Australia, ( me as PR and my wife as tourist - subclass 600 ), can i apply for partner visa 309 for my wife ?
Is it required that i should be living in Australia for 2 years ?


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## Shiltongeorge (Mar 15, 2018)

*ANY update on this ?*



Shiltongeorge said:


> If me and my wife just moved to Australia, ( me as PR and my wife as tourist - subclass 600 ), can i apply for partner visa 309 for my wife ?
> Is it required that i should be living in Australia for 2 years ?


any reply on this would be deeply appreciated.. thank you..


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## girlaussie (Nov 21, 2012)

Sorry I was having difficulty with my log in so couldn't reply earlier. 

309/100 is an Offshore visa, you can't lodge it while she is in Australia. 

Have you got married after getting your PR? It's unlikely to get a visit visa with no "8503" condition from a high - risk country. 

Girl Aussie 




Shiltongeorge said:


> If me and my wife just moved to Australia, ( me as PR and my wife as tourist - subclass 600 ), can i apply for partner visa 309 for my wife ?
> Is it required that i should be living in Australia for 2 years ?


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## yared (Jan 13, 2019)

chnaveedakhtar said:


> Hi,
> 
> I got PR in May 2016 and visited Australia once for three days in Feb 2017.
> 
> ...



Dear Chnaveedakhtar,

It has been a long since you posted this and I am wondering if you share your experience.How did the application go?:fingerscrossed:


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