Partner Visa Offshore 309 & 100 Australia

What Is the Offshore Partner Visa 309?

The Partner (Provisional) visa subclass 309 is designed for the spouse or de facto partner of an eligible Australian sponsor who is outside Australia.

If granted, the subclass 309 allows the applicant to:

• Move to Australia
• Live in Australia temporarily
• Work in Australia
• Study in Australia
• Live with their partner
• Continue towards the permanent Partner visa subclass 100

The subclass 309 is not itself a permanent visa. It is generally the first stage of the offshore Partner visa pathway.

What Is the Permanent Partner Visa 100?

The Partner (Migrant) visa subclass 100 is the permanent stage of the offshore Partner visa pathway.

It allows an eligible partner to live permanently in Australia.

Generally, a person who holds a subclass 309 becomes eligible for assessment for the subclass 100 after two years have passed since the Partner visa application was made, subject to meeting the applicable requirements.

The permanent stage is not simply an automatic conversion. The Department must assess whether the relevant requirements for the permanent Partner visa are satisfied.

Who Can Sponsor a Partner?

The sponsor is generally required to be:

• An Australian citizen
• An Australian permanent resident
• An eligible New Zealand citizen

The relationship must be with the person who is sponsoring the applicant for the Partner visa.

Additional sponsorship requirements can apply, including character-related requirements and sponsorship limitations in certain circumstances.

Who Can Apply for Partner Visa 309?

The applicant generally needs to be the:

• Spouse of the sponsor; or
• De facto partner of the sponsor

The applicant must also satisfy the applicable health, character and other visa requirements.

The relationship must be genuine and continuing, and the couple must be able to provide evidence supporting the claimed relationship.

Spouse Relationship

For a married couple, evidence may include:

• Marriage certificate
• Evidence of living arrangements
• Joint financial arrangements
• Joint bills or commitments
• Travel records
• Communication history
• Photographs and social evidence
• Evidence of family and social recognition
• Statements from the applicant and sponsor

A marriage certificate alone does not necessarily demonstrate the full nature of the relationship.

De Facto Relationship

For a de facto relationship, applicants generally need to demonstrate the nature and history of their relationship.

Evidence may cover:

Financial Aspects

• Joint bank accounts
• Shared expenses
• Joint loans or liabilities
• Bills
• Insurance
• Other financial commitments

Nature of the Household

• Shared residence
• Household responsibilities
• Rental agreements
• Utility bills
• Mail
• Evidence of how household tasks are managed

Social Aspects

• Photographs together
• Travel
• Invitations
• Social events
• Family and friends
• Evidence that the relationship is known to others

Commitment

• Communication
• Future plans
• Emotional support
• Long-term commitments
• Statements from both partners

The evidence should tell a consistent story about the genuine nature of the relationship.

Partner Visa Relationship Requirements

The Department assesses the relationship based on the applicable visa criteria and evidence.

Important areas can include:

• Financial aspects of the relationship
• Nature of the household
• Social aspects
• Nature of the commitment
• Relationship history
• Whether the relationship is genuine and continuing

The strength of a Partner visa application is not determined by one document alone. Evidence should collectively demonstrate the history and circumstances of the relationship.

Offshore Partner Visa 309 Application Process

Step 1: Assess Your Relationship

Determine whether the relationship meets the requirements for a spouse or de facto Partner visa.

Step 2: Check Sponsor Eligibility

Confirm that the sponsor meets the applicable sponsorship requirements.

Step 3: Collect Relationship Evidence

Prepare evidence covering the financial, household, social and commitment aspects of the relationship.

Step 4: Prepare Supporting Documents

Documents may include identity, relationship, character, health and other evidence required for the application.

Step 5: Lodge the Application

Partner visa applications are generally lodged online through ImmiAccount.

Step 6: Complete Health and Character Requirements

The Department may require health examinations, police certificates and other checks.

Step 7: Respond to Department Requests

If Home Affairs requests additional information, documents should generally be provided within the specified timeframe.

Step 8: Subclass 309 Decision

If the requirements are satisfied, the applicant may be granted the subclass 309 provisional Partner visa.

Step 9: Subclass 100 Stage

Once eligible for assessment, the applicant can provide the required information for the permanent subclass 100 assessment through the applicable process in ImmiAccount.

Partner Visa 309 to 100 Pathway

The general pathway is:

Relationship → Partner Visa Application → Subclass 309 → Temporary Residence in Australia → Permanent Stage Assessment → Subclass 100

The Department states that where a person holds a temporary Partner visa such as subclass 309, two years must have passed since the Partner visa application was made before they are eligible for assessment of the permanent Partner visa, subject to the applicable requirements.

Partner Visa 309 & 100 Evidence Checklist

Depending on your circumstances, documents can include:

Applicant Documents

• Passport
• Birth certificate
• National identity documents
• Previous visa documents
• Passport photographs where required
• Previous relationship information

Sponsor Documents

• Australian passport
• Australian citizenship evidence
• Permanent visa evidence
• Eligible New Zealand citizenship/residency evidence where applicable
• Sponsor identity documents
• Required police certificates

Relationship Documents

• Marriage certificate
• Joint bank statements
• Joint bills
• Lease or property documents
• Travel records
• Photographs
• Communication records
• Social evidence
• Statements from applicant and sponsor
• Evidence of future plans
• Evidence of family involvement

The exact documents required depend on your individual circumstances and the Department's document checklist.

Partner Visa Sponsor Police Checks

Sponsors may need to provide police certificates to demonstrate that they satisfy applicable sponsorship requirements.

Home Affairs advises sponsors to provide the relevant police certificate when submitting sponsorship or as soon as possible after the Partner visa application is lodged.

Can Partner Visa Applicants Work in Australia?

Once the subclass 309 has been granted and the applicant is in Australia, the visa provides temporary residence rights, including the ability to live and work in Australia, subject to the visa conditions.

The applicant should always check the actual visa grant and conditions applicable to their visa.

Can Partner Visa Applicants Study?

A subclass 309 holder can generally study in Australia, subject to the applicable visa conditions.

The Partner visa is primarily a family migration pathway rather than a student visa.

Partner Visa 309 Processing Time

Partner visa processing times can vary considerably.

Home Affairs currently reports a 23-month median for the Partner Provisional/Temporary visa category for July 2026, but this figure covers the category and is only an indication. Individual applications can take longer or shorter depending on circumstances, completeness, relationship assessment, health, character and security checks.

Offshore Partner visa applications, including subclasses 309 and 100, currently receive lower processing priority than certain onshore Partner visa applications under Ministerial Direction 117.

You should therefore avoid relying on a guaranteed processing timeframe.

Can a Partner Visa Be Prioritised?

In limited circumstances, Home Affairs may consider a request for priority processing where the application involves special circumstances of a compassionate nature and compelling reasons to depart from the normal processing order.

Priority is not guaranteed, and Home Affairs states that most priority requests cannot be approved.

A request should be supported by relevant evidence demonstrating why the circumstances are exceptional.

Partner Visa and Domestic or Family Violence

Special family violence provisions may apply in certain Partner visa circumstances.

Home Affairs states that some Partner visa applicants or holders may still be eligible for a permanent visa where their relationship has ended because of domestic or family violence, subject to the applicable requirements. This can include certain subclass 309 applicants or holders.

If domestic or family violence is involved, obtain professional advice about the specific provisions that may apply to your case.

What If the Relationship Ends?

If the relationship ends after a Partner visa application has been lodged or a provisional Partner visa has been granted, you should not simply assume that the visa pathway ends automatically.

The Department has specific processes for situations involving:

• Relationship breakdown
• Domestic or family violence
• Death of the sponsor
• Reconciliation
• Changes to sponsorship

Certain applicants may continue to be eligible for permanent residence under specific provisions.

What If the Sponsor Dies?

Special provisions may apply where the sponsor dies while a Partner visa application is being processed.

Home Affairs provides procedures for notifying the Department about the death of a sponsor and assessing the circumstances.

Professional advice should be obtained before assuming that the application must be withdrawn.

Partner Visa 309 vs Partner Visa 820

Home Affairs confirms that subclass 309 is the offshore provisional pathway, while subclass 820 is the onshore temporary Partner visa.

Partner Visa 309 vs Prospective Marriage Visa 300

These are different pathways.

Partner Visa 309

For a person who is already married to or in a qualifying de facto relationship with their Australian partner.

Prospective Marriage Visa 300

For an eligible person outside Australia who intends to marry their prospective spouse in Australia and then apply for a Partner visa.

Choosing the correct pathway depends on the circumstances of the relationship.

Common Partner Visa Mistakes

Applicants should avoid:

• Providing weak relationship evidence
• Submitting inconsistent dates
• Failing to explain periods of separation
• Ignoring previous relationships
• Providing unclear financial evidence
• Uploading documents without context
• Failing to translate required documents
• Delaying responses to Department requests
• Assuming a marriage certificate is enough
• Relying on outdated processing-time information
• Failing to update the Department about significant changes
• Assuming subclass 100 is automatically granted

How The Visa Can Help

The Visa provides professional assistance with offshore Partner visa applications, including:

• Partner visa eligibility assessment
• Subclass 309 applications
• Subclass 100 pathway
• Sponsor eligibility
• Relationship evidence
• De facto relationship assessment
• Document preparation
• Application review
• ImmiAccount guidance
• Department correspondence
• Additional document requests
• Relationship changes
• Family violence provisions
• Permanent Partner visa stage
• Future Australian migration options

Our Registered Migration Agent Navneet Kaur (MARN 2318181) can assess your circumstances and help you understand the appropriate Partner visa pathway.

Start Your Partner Visa Journey

If your spouse or de facto partner is an Australian citizen, permanent resident or eligible New Zealand citizen and you are currently outside Australia, the Partner visa subclass 309 and 100 pathway may provide a route to living together in Australia and eventually obtaining permanent residency.

Contact The Visa for a personalised Partner Visa assessment.

Phone: +61 430 077 714
Email: [email protected]
Website: thevisa.com.au