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Partner Visa Subclass 309/100

The partner visa 309/100 is for people outside Australia who want to live in Australia with their Australian partner, and it leads to permanent residency through the subclass 100 visa.

Partner Visa 309: Apply from Outside Australia with Registered Migration Agents

If you are applying for the offshore partner visa 309, our registered migration agents (MARN 2217744) can help you prepare a decision-ready application. We help you present evidence that your relationship is genuine and ongoing and that you meet the health and character requirements.

The process starts with the temporary subclass 309 visa and, once you are eligible, moves to the permanent subclass 100 visa. It can be complex, and our team can guide you through each step. Book a consultation to discuss your situation.

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What Is the Partner Visa (Subclass 309/100)?

The partner visa (subclass 309/100) is the offshore partner visa for people outside Australia whose partner is an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. It has two stages, each with its own subclass:

Subclass

Type

Description

Subclass 309

Provisional (Temporary)

Allows offshore applicants to enter and live in Australia temporarily

Subclass 100

Permanent

Grants permanent residency after meeting eligibility requirements

The subclass 309 (provisional) and subclass 100 (permanent) visas are applied for in one application.

You first receive the subclass 309 visa. It lets you enter Australia and live, work, study and travel here, with access to Medicare.

Two years after you lodged your application, you can be assessed for the subclass 100 visa. Once the partner visa 100 is granted, you hold Australian permanent residency, with access to the benefits afforded to Australian residents.

If you are in Australia, see the partner visa 820/801 instead.

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Eligibility Requirements for the Subclass 309/100 Partner Visa

To be eligible for the partner visa 309, you must be outside Australia when you apply, be in a genuine relationship with your sponsoring partner, and meet health and character requirements. Your sponsor must also meet certain requirements.

General Requirements for Applicants

To apply for the partner visa 309, you must:

  • Be outside Australia when you apply.
  • Be in a genuine relationship with your sponsoring Australian partner (an Australian citizen, Australian permanent resident, or eligible New Zealand citizen) as their spouse or de facto partner.

Relationship Type

Requirement

Spouse

Couples must be legally married

De facto partner

Living together for at least 12 months, or not living apart on a permanent basis (exceptions may apply)

  • Be at least 18 years old (limited exemptions apply).
  • Meet health and character requirements.
  • Same-sex partners are eligible to apply.

Specific Conditions for Subclass 309 Applicants

  • Have met your partner in person at least once.
  • Make sure any family members included in the application are also outside Australia.
  • You can be in or outside Australia when the Department of Home Affairs decides your temporary visa application.

Requirements for Sponsors

  • Be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen who sponsors their spouse or de facto partner and any accompanying family members.
  • Provide financial assistance and accommodation support to the partner and their family members.

Our registered migration agents can check whether you and your sponsor meet the partner visa requirements. Contact us to get started.

How to Prove a Genuine Relationship for a Partner Visa 309

To prove a genuine relationship for a partner visa 309, you give evidence in four areas: financial, household, social and commitment. The Department of Home Affairs assesses your relationship against these four areas, so you need proof in each one:

  • Financial aspects: Joint bank accounts, shared loans or mortgages, shared insurance policies, shared bills or utilities, and proof of financial support between partners, such as money transfers.
  • Nature of the household: Shared lease or rental agreements, joint utility accounts, letters sent to both of you at the same address, and proof of shared household duties.
  • Social aspects: Statutory declarations from friends and family confirming your relationship, photos of you together over time, travel records, event invitations sent to both partners, and proof of communication such as call logs, messages or video call history.
  • Nature of your commitment: Proof of your engagement or marriage, wedding photos, shared plans for the future (such as buying property or booking travel), wills that name each other as beneficiaries, and any cultural or religious ceremonies that show your commitment.

Keep a record of regular communication and visits, which matters most for long-distance relationships. Our registered migration agents can help you decide which documents will best support your partner visa 309 application.

Benefits of the Partner Visa 309/100

The main benefit of the partner visa 309/100 is that it lets you join your partner in Australia and, through the subclass 100 visa, become a permanent resident. Our registered migration agents can guide you through the application process. Here are the benefits of each visa:

Subclass 309 Visa Benefits

  • Live in Australia with your partner once you arrive.
  • Work without restrictions, with minimum wage protection under Australian law.
  • Study without restrictions.
  • Travel in and out of Australia.
  • Access healthcare through Medicare.

Subclass 100 Visa Benefits

  • Full Medicare Access: Comprehensive healthcare coverage as a permanent resident.
  • Domestic Student Fees: Pay domestic student fees at Australian institutions.
  • Citizenship Eligibility: Apply for Australian citizenship once you meet the residence requirements.
  • Family Sponsorship: Sponsor eligible family members to come to Australia.

Partner Visa 309/100 Checklist: Documents You Need

The partner visa 309/100 checklist has three parts: personal documents, character documents and evidence of your relationship. Comprehensive relationship evidence is crucial when you apply for a partner visa 309, and this checklist helps you get your application ready.

Why a decision-ready application matters:

  • All the paperwork and evidence you need is included up front.
  • The application is complete, accurate and well organised.
  • The Department of Home Affairs can assess it without asking for more information.
  • It helps reduce delays in processing.

What We Help With

How It Benefits You

Document review and preparation

Helps your evidence meet legislative requirements

Relationship evidence guidance

Helps you present proof of a genuine and continuing relationship

Decision-ready submission

Helps reduce delays and requests for additional information

Support for married, de facto, or prospective marriage applicants

Tailored assistance regardless of your relationship type

Our registered migration agents can prepare a checklist for your situation. Claim a consultation to get started.

  • Passport
  • Birth certificate
  • Marriage certificate (if applicable)
  • Proof of name change (if applicable)
  • Divorce certificate (if applicable)
  • National identity card
  • Australian police certificate
  • Overseas police certificate(s)
  • Military service records (if applicable)
  • Military discharge papers (if applicable)
  • Nature of your household
  • Nature of your commitment
  • The financial aspect of your relationship
  • The social aspect of your relationship

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How the Partner Visa 309/100 Works: Stages and Grant Conditions

The partner visa 309/100 has two stages: the provisional subclass 309 stage and the permanent subclass 100 stage. In the first stage, you provide substantial evidence that your relationship is genuine and continuing, along with personal documents such as identity and character records. Once approved, the temporary subclass 309 visa lets you enter Australia, and two years after you lodged your application you can be assessed for the subclass 100 visa.

For the subclass 100 visa, you provide evidence that your relationship is ongoing. If you are in a long-term relationship and meet specific criteria, you may qualify for a double grant of the 309/100 visa. Our registered migration agents (MARN 2217744) can check whether you may qualify and guide you through the application.

When Can the Partner Visa 309/100 Be Granted?

The visa can be granted when you meet the conditions for your stage. The main conditions are:

  • Subclass 309 grant conditions:
    You must not be in Australia when the decision is made, unless special exceptions apply.
    Your relationship must be genuine and continuing when the Department makes its decision.
    You must meet all health, character and identity requirements.
  • Subclass 100 grant conditions:
    Your relationship must still be genuine and ongoing at least two years after you lodged your application.
    At the time of the subclass 100 decision, you and your sponsor must still meet the eligibility requirements.
  • Early or double grant situations:
    Your relationship has lasted at least three years when the decision is made.
    Your relationship has lasted at least two years and you have a dependent child together.
    You were sponsored under a prospective marriage visa (subclass 300) before applying for the partner visa.
  • Exceptions for relationship breakdown:
    If your relationship has ended, you may still be able to get the subclass 100 visa in some cases, such as family or domestic violence, the death of your sponsor, or custody of, or access rights to, a child of the relationship.

Pathways After the Subclass 100 Partner Visa

Once the subclass 100 visa is granted, you are an Australian permanent resident. You can travel in and out of Australia for up to five years, and you can extend your travel facility with a Resident Return Visa (subclass 155).

Once you meet the residence requirements, you can also apply for Australian citizenship. Citizenship gives you access to consular services overseas and visa-free or visa-on-arrival access to approximately 185 countries on your Australian passport.

Benefits of using Australian Migration Agents for your Partner visa 309/100

A registered migration agent can help you prepare a complete partner visa 309/100 application, check that you meet the requirements, and guide you through each stage until the Department of Home Affairs makes a decision. At Australian Migration Agents (MARN 2217744), our primary goal is to provide access to justice to everyone who entrusts us with their visa application. Our agents have extensive combined experience with visa legislation and case law, including complex applications.

Whether you are applying for a partner visa 309 in Australia or seeking permanent residency as an eligible family member, our agents can guide you through the process and help you prepare a well-supported application.

From choosing the right visa to compiling the necessary paperwork and understanding the associated costs, our agents support you at every step of your journey towards Australian residency.

Why choose Australian Migration Agents?

  • Experience with complex partner visa applications
  • Preparation of your application to meet all legislative requirements
  • Help with all aspects of your visa application
  • Help preparing any further documents requested by the Department of Home Affairs

Get in touch with us to discuss your partner visa 309/100 application.

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Partner Visa 309/100 Costs: Government Fees and Agent Fees

The cost of the partner visa 309/100 has two parts: the visa application charge payable to the Department of Home Affairs, and our professional fees. The Department’s current application charge is below. It must be paid in full when you lodge your application, split payments are not allowed, and the charge is generally non-refundable if the application is refused. It is therefore important to lodge a well-prepared application.

For the 309/100 (offshore) and 820/801 (onshore) partner visas, this one charge covers both the temporary visa and the permanent visa, so you do not pay again for the permanent stage.

Subclass 309/100 (Offshore), Subclass 820/801 (Onshore) and Subclass 300 (Prospective Marriage)

Primary applicant fee: $11,710

Secondary applicant fee (18+): $5,860

Secondary applicant fee (<18): $2,935

In addition to the Department’s charge, Australian Migration Agents charge a fee for our services. We offer flexible, customised payment plans, including spreading the cost over several instalments or structuring payments around your circumstances. Book a consultation to receive a quote.

How to Apply for the Partner Visa 309: Step by Step

Applying for the partner visa 309 takes three steps: a consultation, preparation and lodgement of your application, and a decision from the Department of Home Affairs. The process has strict eligibility criteria and evidence requirements, and a registered migration agent can help you gather the correct documents and prepare your application.

Book a consultation
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Step 1

Free Initial Consultation

Book a free consultation with one of our registered migration agents, where we’ll discuss your situation and see how we can help you move forward.

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Step 2

Application Preparation & Submission

Your Australian visa agent will prepare a submission to support your application, tailored to your unique situation and backed by all the documents required. Once completed, we’ll submit your application to the Department of Home Affairs on your behalf.

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Step 3

Visa outcome & appeals support

We’ll inform you once the Department has reached a decision. If the application isn’t granted, we can appeal on your behalf.

Partner Visa 309/100 Processing Time in Australia

Partner visa 309 processing times vary widely from case to case. The Department of Home Affairs publishes current processing times for the subclass 309 and 100 visas on its Global visa processing times page. These are estimates, so your actual processing time may differ. It depends on factors such as the complexity of your application, the quality of your evidence, the Department’s backlog and your country of passport.

You cannot control every factor, but a complete, well-prepared application helps reduce delays and requests for further information. Our registered migration agents (MARN 2217744) prepare each partner visa 309/100 application with this in mind.

Partner Visa 309/100 Considerations: Timing and Location

You can apply for the partner visa 309 from outside Australia once you are married to, or in a de facto relationship with, an eligible Australian partner. Location matters because the 309 is for offshore applicants, while applicants who are in Australia apply for the partner visa 820/801.

You must be in a genuine and ongoing relationship, whether married or de facto, and meet health and character requirements. Your sponsor must also be eligible to sponsor you. Gathering the right supporting documents before you lodge is key, and a registered migration agent can advise you on the requirements and the evidence to provide.

Relationship Breakdown Provisions

If your relationship has ended, you may still be able to get permanent residency through the partner visa pathway. The Department of Home Affairs has special rules for these situations:

  • Family or domestic violence: If the relationship ended because of family or domestic violence by the sponsor, you may still be able to get the subclass 100 visa. You may need to show proof such as police reports, court orders, medical records or statutory declarations from professionals.
  • Death of the sponsor: If your sponsoring partner dies before the subclass 100 visa is granted, you can still continue with your application as long as the relationship was genuine and ongoing when your sponsor died.
  • Shared custody of a child: If you have parental responsibility for a child of the relationship (including a child born to either partner), you may still be able to get the permanent visa after the relationship ends.

The Department requires proof in all of these cases. Our registered migration agents can tell you which documents you need to support your application.

Our Commitment to Accessible Services

  • Fixed-rate services, agreed with you before we begin any work
  • Consultations in person or online across Australia, depending on your preference and location
  • Assistance with your subclass 309/100 application at any stage

Australia-wide migration services

Our skilled team offers in-person and virtual appointments, which means we can provide immigration assistance and advice regardless of where you live in Australia.

Partner Visa 309/100 FAQs: Common Questions Answered

Is it easy to get a 309/100 Partner visa in Australia?

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It depends on your circumstances. Your application is assessed on whether you meet all the requirements and can show strong evidence that your relationship is genuine and continuing. At a consultation, our registered migration agents assess your case and give you a clearer idea of your prospects. Book a consultation to get started.

How long can you stay on the subclass 309 Partner visa?

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You can stay in Australia on the temporary subclass 309 visa until your subclass 100 application has been decided, as long as you meet the visa conditions. While you wait, you can live and work in Australia.

The subclass 100 visa lets you stay in Australia indefinitely, whatever your relationship status. On the 309, a relationship breakup may lead to your visa being cancelled. Tell the Department of Home Affairs promptly using the relevant forms, because failing to report the change could lead to cancellation without the chance to explain. After you notify the Department, you may still qualify for permanent residency in specific circumstances, such as family or domestic violence or parental responsibility. If your relationship is not considered genuine, your visa may be cancelled and you may need to apply for a new visa or leave Australia. If you are not eligible for a permanent partner visa, other options such as student or skilled migrant visas may be available.

How long does a 309 spouse visa take?

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Processing times for the subclass 309 partner visa vary from case to case. The Department of Home Affairs publishes current processing times for the 309 and 100 visas on its Global visa processing times page. These are estimates, and your actual processing time may differ.

Your processing time depends on factors such as the complexity of your application, the quality of your evidence, the Department’s backlog and your country of passport. A complete, well-prepared application helps reduce delays and requests for further information. Our registered migration agents prepare ‘decision-ready’ applications, with all required documents, including supporting evidence and police certificates, attached from the outset.

Is a 309 permanent residency?

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No. The subclass 309 is a temporary (provisional) visa. Permanent residency comes with the subclass 100 visa.

The 309 lets you enter and live in Australia. Two years after you lodged your application, you can be assessed for the subclass 100 visa, which grants permanent residency. To qualify for the 309, you need substantial evidence of a genuine and ongoing relationship, along with supporting documents such as identity and character records. If you are in a long-term relationship, you may qualify for a double grant of the 309/100 visa. Once you meet the residence requirements, you may apply for Australian citizenship.

What is the difference between a 309 and an 820 partner visa?

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The main difference is where you are when you apply: the subclass 309 is for applicants outside Australia, and the subclass 820 is for applicants in Australia.

Applying offshore (309) may suit you if you cannot get an Australian visa to enter the country or need time to prepare to relocate, but offshore applications may have longer processing times, which can delay living together. Applying onshore (820) usually gives you a Bridging Visa, which lets you stay in Australia while your application is processed. The right choice depends on your circumstances, including your relationship, the health and character requirements and your supporting evidence.

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