Partner Visa (Subclass 309)
The Subclass 309 Partner Visa allows the spouse or de-facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to live in Australia temporarily. It is the first step toward obtaining the permanent Partner Visa (Subclass 100) and gives couples the opportunity to live together and continue building their relationship while the permanent stage is processed.
Applying for this visa can feel complex because there are detailed rules around eligibility, sponsorship and relationship evidence. At Emigrate Lawyers, our migration team guides you through every stage of the process. We help you prepare documents correctly, organise your evidence, complete the required forms and respond to Departmental requests. As a result, your application becomes clearer, stronger and less likely to experience delays or refusals.
Once your temporary visa is granted, you can begin preparing for the Subclass 100 permanent partner visa stage. During this period, we continue supporting you with advice on ongoing requirements, family members, and visa compliance so you can progress confidently toward permanent residency and a secure future in Australia.
309 Partner Visa Australia – Offshore Partner Visa (Subclass 309/100)
Are you applying for the Offshore Partner Visa (Subclass 309) to join your spouse or de facto partner in Australia?
The Subclass 309 visa is the first stage toward permanent residency through the Subclass 100 Partner Visa.
This page explains the process in simple terms, including eligibility, requirements, processing time, benefits, evidence, and common questions.
Quick Summary of 309 & 100 Partner Visa
- 309 = Temporary Partner Visa to enter/live/work in Australia.
- 100 = Permanent Partner Visa granted after further assessment.
- You apply for both together and pay one fee.
What is the 309 Partner Visa (Subclass 309 & 100)?
The Subclass 309 Partner Visa is an offshore partner visa available to applicants who are outside Australia when they apply. It allows you to enter Australia and live with your partner while the permanent Subclass 100 visa is assessed.
Instead of lodging two separate applications, you submit one combined application for both stages. The temporary Subclass 309 visa is usually processed first. Once granted, you may travel to Australia, live with your partner, work, study and—if eligible—enrol in Medicare while waiting for the permanent decision.
In many cases, the permanent Subclass 100 visa is assessed around two years after lodgement, although processing times can vary depending on your circumstances and the Department’s workload.
From 25 November 2023, the law changed so that the Subclass 309 visa can be granted whether you are inside or outside Australia at the time of decision, giving applicants greater flexibility.
Who Can Apply – 309 Partner Visa Eligibility
You may be eligible to apply for the 309 Partner Visa if you are:
✔ Married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident or eligible NZ citizen.
✔ Outside Australia when you lodge the 309 visa.
OTHER KEY REQUIREMENTS INCLUDE:
✔ both partners are 18 years or older
✔ Relationship must be genuine and ongoing (marriage or de facto).
✔ Meet health and character standards set by the Department of Home Affairs.
✔ Repay any outstanding debts to the Australian Government before grant.
✔ the sponsor is not barred from sponsorship due to previous cases or character concerns
✔ any previous visa or immigration issues are explained properly
Note: Your relationship can still be assessed for the permanent visa even if it ends after lodgement, provided certain conditions are met.”
Every couple is different. Some couples are newly married, others have long-term de facto relationships with children, and some have had previous visa refusals. At Emigrate Lawyers, we carefully review your history, documents and timelines to ensure your 309 partner visa application properly explains your story and meets the legal criteria.
Our Commitment
Whether you are in India, Nepal, the Philippines, the Middle East, Europe or Latin America, our team in Melbourne CBD assists couples worldwide with online consultations, secure document sharing and detailed evidence checklists to support your 309 partner visa and future Subclass 100 application.
309 Partner Visa Relationship Evidence & Four Pillars
The Department assesses relationships across four key factors. Providing balanced evidence across these areas strengthens your application.
1) Financial Aspects of the Relationship
Provide evidence that you share financial responsibilities, such as:
- joint bank accounts or shared expenses
- shared household bills, rent or mortgage
- joint loans, assets or investments
- regular money transfers between partners
- evidence that you support each other financially
2) Nature of the Household
Furthermore you should provide evidence that you function as a shared household, including:
- joint residential address or shared lease agreements
- correspondence sent to the same address
- household responsibilities (shopping, cooking, bills, chores)
- statements explaining day-to-day living arrangements
3) Social Aspects of the Relationship
Additionally, you should demonstrate that your relationship is recognised by friends, family and the community, through:
- photos together at events, trips and family gatherings
- joint invitations, memberships or social activities
- statements from friends and family supporting your relationship
- engagement, wedding or cultural ceremony evidence
- social media history (where appropriate)
4) Commitment to Each Other
Finally you will need to provide evidence that the relationship is ongoing and long-term, such as:
- relationship timeline or personal statements from both partners
- communication logs, call records or chat history (if living apart)
- travel history to visit one another
- plans for your future together (housing, children, career)
- marriage or de facto registration certificates (where applicable)
Submitting a strong application is not just about uploading documents. Instead, it requires a clear narrative, consistent timelines and relevant legal evidence. Our team reviews your story carefully and prepares a decision-ready application to minimise delays and reduce refusal risk.
309 Partner Visa Australia benefits for you and your family
A successful 309 Partner Visa Australia unlocks important benefits for both you and your family while you wait for your permanent Subclass 100 decision, including:
- Live together in Australia – You can live with your partner in Australia while your permanent partner visa is processed.
- Work full-time – You have full work rights with no employer or hours restrictions.
- Study in Australia – You can study at TAFE, university or private colleges (usually paying international fees).
- Access Medicare – You can enrol in Medicare through Services Australia, which can reduce your medical and hospital costs.
- Travel flexibility – You can travel in and out of Australia while your 309 partner visa is valid
- Pathway to permanent residency – Subclass 309 is your first step towards permanent residency through the Partner Visa Subclass 100, and later Australian citizenship, once you meet residence requirements.
For many couples, the 309 partner visa is the key step that allows them to finally live together in one country, plan their careers, buy a home, and raise their family with security and stability.
Two-Stage Partner Visa Process — From Subclass 309 to Subclass 100
The Australian Partner Visa program operates as a two-stage process. When you apply, you lodge one combined application and pay a single visa application charge, but the visas are assessed and granted in two parts:
Stage 1 — Temporary Partner Visa (Subclass 309)
If your relationship meets the eligibility requirements, you may first receive the Subclass 309 Partner (Provisional) Visa. This allows you to:
- enter and live in Australia with your partner
- work and study without restrictions
- access Medicare, if eligible
- travel in and out of Australia freely while the visa remains valid
During this period, the Department of Home Affairs continues assessing your relationship to determine your eligibility for the permanent visa stage.
Stage 2 — Permanent Partner Visa (Subclass 100)
Around two years after the date you lodged your original 309/100 application, your case may be assessed for the Subclass 100 Partner (Migrant) Visa, provided your relationship is still genuine, continuing and ongoing.
If approved, the Subclass 100 visa grants:
- permanent residency in Australia
- access to social security benefits (subject to waiting periods)
- a pathway to Australian citizenship once residence criteria are met
- the ability to sponsor eligible family members
Permanent Visa (Subclass 100) Granted Earlier in Some Cases
If you were already in a long-term relationship (for example, married or in a long-term de facto relationship with children) before applying, the Department may grant the Subclass 100 permanent visa without the two-year waiting period, depending on your circumstances and supporting evidence.
At Emigrate Lawyers, we prepare your application with a long-term relationship strategy in mind, ensuring your evidence supports both stages of the 309 → 100 partner visa pathway from the very beginning.
309 Partner Visa Processing Time (Subclass 309 & 100)
Processing times for the Offshore Partner Visa Subclass 309 can vary depending on:
- the quality and completeness of your evidence, for example is your offshore partner visa application “decision ready”
- whether your relationship history is clearly explained
- background, character and security checks
- whether additional information is requested by the Department
- caseload and priority levels at the time of assessment
As a general guide, many applications fall within the following ranges:
- Subclass 309 (Temporary Partner Visa):
- Around 12 to 24 months in most cases
- Subclass 100 (Permanent Partner Visa):
- Often assessed around 24 months after lodgement, unless you are in a long-term relationship (in which case processing may be faster)
Important: Partner visa processing times can change without notice and every case is assessed individually. Submitting a well-prepared, decision-ready application can help reduce delays and requests for further information.
At Emigrate Lawyers, we focus on:
- front-loading strong, relevant evidence
- structuring your relationship narrative clearly
- ensuring documents match policy requirements
- responding promptly to case officer requests
This approach helps minimise avoidable processing delays.
Common Reasons 309 Partner Visa Applications Are Refused
Unfortunately, many Subclass 309 Partner Visa refusals occur because applications are lodged without proper guidance or sufficient supporting evidence. Common refusal reasons include:
❌ Weak or inconsistent evidence of a genuine and ongoing relationship
❌ Relationship statements that do not address the legal criteria
❌ Lack of proof of shared finances, living arrangements or commitment
❌ Major gaps in communication or relationship history
❌ Sponsor ineligibility or previous sponsorship issues
❌ Failure to meet health or character requirements
❌ Documents not translated, certified or properly explained
❌ Submitting generic templates instead of personalised evidence
A refusal not only causes emotional stress — it can also be expensive and time-consuming, and may require:
- a new application, or
- a time consuming and expensive review at the Administrative Review Tribunal (ART)
Subclass 309 Partner Visa Cost – Government Fees & Legal Costs
Applying for the Offshore Partner Visa (Subclass 309 and 100) involves both Department of Home Affairs visa application charges and optional professional legal fees if you choose to use a migration lawyer.
Government Visa Application Charges (VAC)
The Australian Government charges a single combined fee when you lodge the 309/100 partner visa application. This fee covers assessment of both the temporary Subclass 309 and the permanent Subclass 100 stages.
As a general guide, the current government fees are:
- Main Applicant: from approx. AUD $9,365
- Additional Applicant – 18 years or over: from approx. AUD $4,685
- Additional Applicant – under 18: from approx. AUD $2,345
Additional costs may also apply, including:
- medical examinations
- police clearance certificates
- document translation and notarisation
- biometrics (where applicable)
- Reference and expert report if there is concern with sponsorship eligibility, character requirement
💡 Important: Government fees may change at any time. Always check the latest official pricing or speak with our team before lodging your application.
To find the total cost for your situation, including fees for dependents, use the Visa Pricing Estimator. Planning ensures you meet all financial requirements and avoid delays in your application.
Our Professional Legal Fees – Fixed-Fee Partner Visa Services
At Emigrate Lawyers, we offer transparent, fixed-fee pricing for Subclass 309 Partner Visa applications, with flexible instalment plans available.
Our professional service typically includes:
- comprehensive eligibility assessment
- evidence strategy & relationship documentation guidance
- drafting relationship statements and statutory declarations
- preparation of a decision-ready application
- uploads and submissions via ImmiAccount
- communication with the Department
- act as your authorised recipient and representative until a decision is made by Department of Home Affairs (DHA)
Our fees vary depending on the complexity of the case, previous immigration history, and whether additional submissions are required (for example, health, character or relationship concerns).
To provide an accurate quote, we first conduct a partner visa consultation to review your circumstances and build the best strategy for success.
Why Using a Partner Visa Lawyer Can Save Time and Money?
Many refusals occur because applicants lodge without expert guidance and fail to meet the legal evidentiary requirements. A refusal can result in:
- lost visa fees
- long delays
- costly tribunal appeals
Working with an experienced migration lawyer helps ensure your application is:
- structured correctly from the start
- supported with strong, relevant evidence
- consistent, accurate and compliant with policy
Our goal is to protect your investment and give your application the best possible chance of approval.
Ready to find our the exact cost for your case?
Book a consultation with our team and receive a clear fee estimate and tailored partner visa strategy.
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How to Apply: Step-by-Step Guide
Applying for a Subclass 309 Partner (Provisional) Visa involves several steps. Following this guide will help you stay organized and avoid delays during the process.
- Gather personal and relationship documents, including birth certificates, marriage certificates, or evidence of your de facto relationship.
- Ensure all documents are translated into English.
- Consider appointing a legal practitioner or migration agent if you need assistance.
- Lodge your application online through ImmiAccount.
- Include all supporting documents, such as evidence of your relationship, identity documents, and details of any dependents.
- Pay the visa application charge and provide your Transaction Reference Number (TRN) to your sponsor.
- Undergo required medical examinations.
- Provide police certificates from all countries where you’ve lived for 12 months or more in the last 10 years.
- Keep your contact details updated in ImmiAccount.
- Your sponsor applies to be approved for sponsorship.
- Respond promptly if the Department requests additional information.
- If approved, you’ll receive your Subclass 309 visa grant, allowing you to live and travel in Australia.
- If refused, you’ll receive the reasons for refusal and information on your review rights.
Following these steps carefully ensures a smoother application experience and increases your chances of a successful visa grant.
Including Family Members
Eligible family members may be included in your application, such as dependent children, provided they meet health and character requirements. Doing this from the beginning helps streamline processing and keeps your family together during the permanent stage.
Why Choose Emigrate Lawyers for Your Partner Visa (Subclass 309/100)?
Choosing the right migration professional can make a significant difference to the success of your 309 Partner Visa application. At Emigrate Lawyers, we combine legal expertise, strategic case preparation and genuine care for our clients to give your application the strongest possible chance of approval.
Our team has assisted applicants from a wide range of backgrounds, countries and relationship circumstances, including:
- long-distance relationships and periods of separation
- cultural and traditional marriages
- couples with limited financial documents
- previous visa refusals or immigration complications
- cases involving health, character or sponsorship concerns
We understand how the Department assesses genuine and ongoing relationships and prepare your case with this in mind from day one.
A successful partner visa is not just about uploading documents — it requires a structured legal submission and consistent relationship narrative. We ensure your application:
- clearly addresses the four relationship factors
- includes persuasive relationship statements and supporting evidence
- is organised, consistent and policy-compliant
- anticipates potential concerns before a case officer raises them
Our goal is to lodge a decision-ready application to minimise delays and unnecessary requests for further information.
The partner visa journey can feel emotional and stressful — especially when couples are living apart. We provide:
- regular updates and timelines
- guidance on evidence throughout the 309 → 100 visa pathway
- practical advice on next steps, travel and processing expectations
- compassionate support tailored to your circumstances
You won’t be left guessing — we stay with you from lodgement to grant.
We offer transparent, fixed-fee partner visa services with flexible payment options. If we believe your case requires more work, we’ll tell you upfront — no surprises, no hidden costs.
We also provide honest advice about:
- your chances of success
- any potential risks in your application
- whether additional evidence or time is needed before applying
Your success — not volume or speed — is our priority.
No matter where you are located — Australia or overseas — our team can assist via online consultations, secure document sharing and remote case management. We regularly assist clients across:
- Asia, South Asia & the Middle East
- Europe, Africa & Latin America
- Pacific regions and New Zealand
Distance is never a barrier to receiving expert migration support. We think local but we act global!
Ready to start your 309 Partner Visa journey?
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Frequently Asked Questions – Subclass 309 Partner Visa (Offshore)
How long does the 309 Partner Visa take to process?
What is the difference between Subclass 309 and Subclass 100?
The Subclass 100 visa is the permanent residence stage, granted after your relationship continues to meet eligibility requirements. Both visas are applied for together in a single combined application.
Can I work in Australia on a Subclass 309 Partner Visa?
Can I include my children in a 309 Partner Visa application?
at the time of application, or added later as subsequent entrants (where eligible)
They will generally receive the same visa status and conditions as the main applicant.
Do we need to be married to apply for the 309 Partner Visa?
a married couple, or a de facto couple (usually requiring evidence of a genuine, committed relationship)
Some couples may also qualify through registered relationships, depending on circumstances and evidence.
What evidence do we need to prove a genuine relationship?
Strong evidence may include joint finances, shared housing, travel history, photos, statements, and supporting declarations from family and friends.
What happens if our relationship has periods of separation?
What if my partner visa was previously refused?
Do we need a migration lawyer for a 309 Partner Visa application?
Who can apply for this visa?
Can I include my children or other family members?
How long does the Subclass 309 visa last?
Can I work and study in Australia on this visa?
Can I travel in and out of Australia?
What are the costs for this visa?
What documents do I need to provide?
Can I get help with my application?
What happens after I apply?
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