Partner Visas (Offshore) | Subclasses 309 and 100
Partner (Offshore) Visas
The Partner (subclass 309 and 100) visas form the offshore pathway for partners or spouses of Australian citizens, permanent residents, or eligible New Zealand citizens to live in Australia. This dual-stage application allows you to enter Australia on a provisional basis before transitioning to full permanent residency.
Subclasses 309 and 100 Partner Visas – At a Glance
| FEATURE | DETAILS |
|---|---|
| Visa Type | Provisional (309) / Permanent (100) |
| Stay | 309 Provisional: Until PR decision / 100 Permanent: Indefinite |
| Cost | From $11,7101 |
| Processing Time | Subclass 309 Approx. 16 – 29 months / Subclass 100 Approx. 10 – 19 months2 |
| Key Requirement | Married or De Facto Relationship (Offshore) |
Fees are subject to change by the Department and other concession fees may apply.
To view our professional services fees click here.
Key Eligibility Criteria
To be eligible for the offshore Partner visa, you must meet stringent criteria set by the Department of Home Affairs regarding your relationship and your sponsor’s status.
1. Eligible Sponsorship
You must be sponsored by your partner, who must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. Your sponsor must be approved by the Department and must not have certain criminal convictions or have sponsored too many partners in the past.
2. Relationship Status (Marriage or De Facto)
You must be legally married to your partner or in a de facto relationship. For de facto partners, you generally must have lived together for at least 12 months prior to lodgement, unless you have registered your relationship or have compelling circumstances. We are able to assist you under such circumstances – get in touch today!
3. The Genuineness Test
The Department evaluates four main pillars of your relationship: financial aspects, the nature of the household, social aspects, and your commitment to each other. You must provide extensive evidence that your relationship is genuine and continuing.
4. Health and Character
Applicants must meet Australia’s health and character requirements. This involves undergoing a medical examination and providing police clearances from every country you have lived in for 12 months or more over the last 10 years.
How to Apply for the Subclasses 309 and 100 Partner Visas
A Step-by-Step Guide
Step 1: Preliminary Assessment and Evidence Gathering
The first step is a comprehensive audit of your relationship evidence. We ensure you meet the legal definitions of marriage or de facto status before lodging.
Step 2: Lodge the Subclass 309 and 100 Application
Both stages are applied for at the same time via a single application while you are outside Australia. You pay one application charge for both subclasses.
Step 3: Grant of the Provisional 309 Visa
Once the Department is satisfied with the initial evidence, the 309 visa is granted. This allows you to travel to and live in Australia with full work and study rights while waiting for the permanent stage.
Step 4: Two-Year Waiting Period
Generally, two years after you first applied for the visa, the Department will assess your eligibility for the permanent subclass 100 visa.
Step 5: Grant of the Permanent 100 Visa
After providing updated evidence that your relationship is still genuine and continuing, the permanent subclass 100 visa is granted, conferring all the rights of an Australian permanent resident.
Being on a Subclass 100 Partner Visa means…
What You Can Do on the Subclass 100 Partner visa
As a permanent resident, you can:
- Live, work, and study in Australia indefinitely.
- Enrol in Medicare, Australia’s public healthcare scheme.
- Sponsor eligible relatives for permanent residency.
- Travel to and from Australia for five years from the date the visa is granted.
Your Visa Obligations
The primary obligation is to remain in a genuine and continuing relationship with your sponsor. If your relationship ends before the permanent visa is granted, you must notify the Department immediately.
Please know: there are specific legislative provisions in instances where there is domcestic violence in a relationship. If you and/or others in the family are experiencing domestic violence and require immigration advice, please contact us and we will arrange an appropriate professional services fees plan according to your circumstances. We will certainly waive the initial 45-minute consultation on this basis. For further support please click here.
The Pathway to Australian Citizenship
After living in Australia on a valid visa for 4 years, with at least the last 12 months as a permanent resident, you may be eligible to apply for Australian citizenship. See our Citizenship page here for further details about attaininig Australian citizenship.
Your Best Chance of Success with Visa Advisory Australia
The Partner visa process is one of the most scrutinised pathways in the Australian migration system. A single inconsistency in your statements or a lack of objective evidence can lead to a refusal. Our expert team navigates this for you.
Our Subclass 309 and Subclass 100 Partner Visa Services include:
Comprehensive Eligibility Assessment to ensure your relationship meets the 12-month de facto rule or legal marriage standards.
Evidence Strategy & Auditing to ensure your four pillars of evidence are robust and satisfy Departmental policy.
Registered Migration Agent Representation to act as your legal liaison with the Department of Home Affairs.
Decision-Ready Application lodgement to minimize processing delays and avoid Requests for Further Information (RFI).
Full Management of both the provisional and permanent stages of your partner migration journey.
And much, much more.
Don’t risk your future together. Talk to an expert today.
Related Visas
Frequently Asked Questions (FAQs) for the
Subclasses 309/100 Partner Visas
Q: Can I travel to Australia while my 309 visa is processing?
A: Yes, you may be able to apply for a Visitor visa (subclass 600) to visit your partner while the 309 is processing. However, you must be outside Australia for the 309 visa to be granted.
Q: What is the difference between a 309 and an 820 visa?
A: The 309 is for applicants outside Australia (offshore), while the 820 is for applicants already in Australia (onshore).
Q: Can I include my children in my application?
A: Yes, you can include dependent children in your application. They will need to meet health and character requirements as well.
Q: What happens if my visa is refused?
A: If your visa is refused, you may have rights to appeal the decision to the Administrative Review Tribunal (ART). Our firm is highly experienced in representing clients at the ART for partner visa matters. Our firm specialises in ART appeals for family visas – click here for further details.
- Base application charge only. Prices are subject to change. Source for Subclass 309: Department of Home Affairs Subclass 309. Source for Subclass 100: Department of Home Affairs Subclass 100. ↩︎
- Visa processing time current as of 16 April 2026. For the latest processing time click here. ↩︎
