Can a Subclass 309 Partner Visa Be Granted While You Are in Australia?

Yes. Under the current rules, a Subclass 309 Partner Visa can be granted while the applicant is in Australia. This is a significant change from older Partner Visa advice that required many offshore applicants to be outside Australia at the time of decision.

The key distinction is between where you must be when you apply and where you can be when Home Affairs decides the visa.

Where must you be when you lodge a 309 application?

The primary applicant must be outside Australia when the Subclass 309 application is lodged. Home Affairs continues to describe the 309 as the offshore Partner Visa pathway for spouses and de facto partners of Australian citizens, permanent residents and eligible New Zealand citizens.

Where can you be when Home Affairs makes the decision?

Home Affairs states that the applicant can be in or outside Australia when the temporary Subclass 309 is decided. The Department’s Family Migration latest-news guidance records that this change took effect on 25 November 2023.

Do you still need a valid visa to stay in Australia while waiting?

Yes. A pending offshore 309 application does not itself give you permission to remain in Australia. If you enter Australia while the 309 is pending, you must hold another visa that permits your stay and comply with its conditions until the 309 is granted or you depart.

Does a pending 309 give you work rights in Australia?

No. Work rights depend on the visa you currently hold. For example, a Visitor Visa does not permit work merely because a 309 application is pending. Once the 309 is granted, the 309 itself provides work and study rights.

What happens if the 309 is granted while you are on a Visitor Visa?

The 309 grant creates a new substantive visa with its own rights and conditions. The holder can live, work and study in Australia, travel multiple times and later progress to the permanent Subclass 100 stage.

Why old online advice can be misleading

Many older articles and forum posts still say a 309 applicant “must leave Australia for grant”. That reflected the law before the November 2023 change. Current planning should use the present Home Affairs rules, not historical location requirements.

Illustrative case example: 309 applicant in Melbourne when the decision is ready

Composite example: An applicant lodged 309/100 while overseas and later entered Australia lawfully on a temporary visa to spend time with the sponsor. The couple assumed the applicant would have to fly overseas if Home Affairs became ready to decide the 309. Under the current rule, the 309 could be granted while the applicant remained in Australia. The critical issues were maintaining lawful temporary status before grant and complying with the current visa conditions.

Home Affairs confirms the current location rule on the Subclass 309 page. For full eligibility and evidence requirements, see our 309/100 Partner Visa lawyers hub.

General information only. Location at application, current visa status and visa conditions should all be checked separately.