Can You Visit Australia While a Subclass 309 Partner Visa Is Processing?

A pending Subclass 309 Partner Visa application does not itself stop you from applying for another visa to visit Australia. But it also does not give you a right to enter Australia while you wait. If you want to visit your partner before the 309 decision, you normally need to hold a separate visa that permits entry.

This article addresses temporary visits during 309 processing. For the full offshore Partner Visa pathway, see our Subclass 309/100 Partner Visa hub.

Can you apply for a Visitor Visa while a 309 is pending?

Potentially, yes. Home Affairs states that a person waiting for a substantive or permanent visa may be able to apply for another visa to enter Australia. A Visitor Visa is assessed separately and requires the applicant to satisfy the Visitor Visa criteria, including being a genuine temporary visitor.

Does the pending Partner Visa make you an ungenuine visitor?

Not automatically. Having a long-term intention to migrate and a short-term intention to visit can coexist. The Visitor Visa application should be accurate about the pending 309, the reason for the temporary trip, proposed duration, funding and the applicant’s intention to comply with the Visitor Visa conditions.

Can you work in Australia while visiting?

No. Home Affairs states that Visitor Visa holders cannot work in Australia. A pending Partner Visa application does not create work rights on a Visitor Visa.

Do you have to leave Australia before the 309 can be granted?

Not under the current rules. Since 25 November 2023, Home Affairs can grant a Subclass 309 Partner Visa while the applicant is either in or outside Australia. The applicant must still have been outside Australia when the 309 application was lodged.

What happens if the 309 is granted while you are visiting Australia?

The Subclass 309 becomes the visa governing your stay. It allows the holder to live, work and study in Australia, travel multiple times and progress toward the Subclass 100 permanent stage. Check the grant notice and VEVO after the decision.

What if the Visitor Visa has a No Further Stay condition?

A No Further Stay condition can restrict certain onshore visa applications. It does not convert the offshore 309 into an onshore application, and because the 309 was already lodged offshore it may still be decided while the applicant is in Australia. However, the condition can become important if the applicant later considers a separate onshore 820/801 strategy.

Illustrative case example: visiting for three months while the 309 is pending

Composite example: An offshore spouse had a pending 309/100 application and wanted to spend three months with the Australian sponsor after a family event. The separate Visitor Visa application disclosed the pending Partner Visa, explained the temporary purpose and funding, and did not suggest the applicant could work in Australia. During the visit, the 309 was decided. Because current law allows the 309 to be granted while the applicant is in Australia, there was no need for an artificial offshore trip solely for visa grant.

Before travelling, check

• The visa you will use to enter Australia.
• All conditions attached to that visa.
• Whether your passport details are current in ImmiAccount.
• Whether Home Affairs has requested information on the 309 application.
• Whether any proposed onshore application could be affected by visa conditions.

See Home Affairs’ travel while a visa is being processed guidance. For the main offshore Partner Visa pathway, visit our 309/100 Partner Visa hub.

General information only. A Visitor Visa is assessed separately and travel plans should reflect the visa conditions actually granted.