Relationship Breakdown: Offshore Partner (subclass 309/100) Visa Application Exceptions
Similar to the Onshore Partner (subclass 820/801) visas, applicants are able to receive their Offshore Partner (subclass 309/100) visas even if the relationship has ended, but only in limited circumstances:
Your Sponsor has died;
You or your child has suffered family violence by the Sponsor; or
Your relationship has ended, but there is a child of relationship who you still have continuing access to.
Furthermore, during the COVID-19 travel bans, concessions were introduced which allowed Offshore Partner (subclass 309/100) visa applicants to receive a bridging visa in Australia while their application is processing which is typically not the case. These COVID-19 concessions are still in place as of to date.
Can I be in Australia?
Due to COVID-19 concessions, you may be eligible to remain in Australia while the Partner (subclass 309) visa is being processed. As the subclass 309 visa can be temporarily granted while the applicant is in Australia, you might be granted a bridging visa for the Offshore Partner Visa to stay in Australia until the sc309 visa is granted. This applies whether you are or are not still in a relationship with the sponsor.
However, the difficult part is that you must be in Australia to be granted the bridging visa. If you are offshore and have a pending Provisional Offshore Partner (subclass 309) visa, you will need to find a way to get into Australia. If you want to find out, speak with one of our lawyers for professional advice.
It's important to note that these COVID-19 concessions are a temporary measure and may not always be in effect. The government has not yet announced when these concessions will cease. We highly suggest that you take this opportunity if it aligns with your aim to arrive in Australia and reunite with your partner sooner.
How Can Agape Henry Crux Help You?
The Australian visa can be very complex - If you want to find out more about a visa or citizenship application, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling +612 8310 5230 or email us to book a time at info@ahclawyers.com.
We speak fluent English, Mandarin and Malay. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.