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Partner Visa 309/100 Lawyers Australia
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Offshore Partner Visa · Subclass 309 / 100

Partner Visa 309/100 Lawyers for couples across borders.

The offshore Partner Visa pathway for eligible spouses and de facto partners applying from outside Australia. We focus on relationship evidence, sponsor eligibility, periods living apart, travel strategy and the later permanent Subclass 100 stage.

Claim your consultation309 vs 100 explained
Couple preparing an offshore Partner Visa Subclass 309 and 100 application
A long-distance relationship can still be genuine and continuing. The application needs to explain the distance and evidence how the relationship operates across countries.
Partner Visa consultation

Get the offshore pathway right before you lodge.

Tell us where the applicant is located, your relationship type, the sponsor's status and any previous visa or sponsorship history. We will identify the legal pathway and the evidence issues that need attention. For help with the online account itself, follow our step-by-step ImmiAccount setup guide.

    Submitting this form does not create a solicitor-client relationship. Government charges, processing times and eligibility requirements can change.

    PathwayTemporary → Permanent
    ApplyOutside Australia
    Stage 1Subclass 309
    Stage 2Subclass 100
    2026 base chargeAUD 11,710
    Offshore Partner Visa

    One combined application for the temporary 309 and permanent 100 stages.

    Home Affairs describes the Subclass 309 as the temporary offshore Partner Visa and the first step toward the permanent Subclass 100. The two visa applications are lodged together.

    The key question is not whether the couple has spent every day together. It is whether the evidence shows a genuine and continuing relationship despite the distance.

    The pathway is generally for the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen where the primary applicant is outside Australia when the application is made.

    Offshore cases often require a stronger explanation of periods apart, travel history, communication patterns, financial support and the couple's plans to establish or continue their life together in Australia.

    If the primary applicant is applying from inside Australia, the Subclass 820/801 onshore Partner Visa pathway may instead be relevant.

    309 versus 100

    One Partner Visa application. Two distinct stages.

    The clearest way to understand the offshore Partner Visa is to separate the provisional stage from the permanent stage.

    Stage 1Subclass 309

    Provisional Partner Visa

    The temporary stage that allows an eligible partner to move to Australia while the permanent stage remains to be assessed.

    Status
    Temporary / provisional Partner Visa
    Application
    Lodged as part of the combined 309/100 application
    Main focus
    Relationship evidence, applicant eligibility and sponsor requirements
    Location at lodgement
    The primary applicant applies from outside Australia
    Next stage
    The Subclass 100 permanent stage remains pending
    Think of the 309 as the provisional approval stage.
    Stage 2Subclass 100

    Permanent Partner Visa

    The permanent-residence stage of the same combined offshore Partner Visa pathway.

    Status
    Permanent residence if granted
    Application
    Already included in the original combined 309/100 application
    Main focus
    Updated relationship evidence and permanent-stage eligibility
    Timing
    Permanent-stage assessment is generally linked to the original application date
    Outcome
    Permanent Partner Visa status if the criteria are met
    Think of the 100 as the permanent residence stage.
    Important: you do not ordinarily start again with a completely new Partner Visa application for Subclass 100. The 309 and 100 form one combined pathway assessed in stages.
    Eligibility

    Applicant and sponsor each have separate requirements.

    A genuine relationship is essential, but sponsor history, relationship timing, health, character and immigration history can independently affect the case.

    For the applicant

    • Be the spouse or qualifying de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen.
    • Be outside Australia when the combined offshore Partner Visa application is made.
    • Demonstrate a genuine and continuing relationship and mutual commitment to a shared life.
    • Meet applicable health and character requirements.
    • Address previous refusals, cancellations or other immigration-history issues where relevant.

    For the sponsor

    • Meet the Australian status requirements for sponsorship.
    • Complete the sponsorship process and provide identity and relationship material.
    • Disclose relevant sponsorship history and circumstances that may trigger sponsorship limitations.
    • Provide consistent evidence and statements supporting the relationship history.
    Relationship evidence

    The same four evidence pillars—but offshore couples often prove them differently.

    Where a couple has lived in different countries, chronology and alternative evidence become especially important. The evidence should explain the relationship, not merely produce a large volume of screenshots.

    01 · Financial

    Financial aspects

    • Transfers and financial support
    • Joint savings or assets
    • Shared travel expenses
    • Future financial planning
    02 · Household

    Nature of the household

    • Periods of cohabitation
    • Previous leases or addresses
    • Domestic responsibilities
    • Plans for a shared home
    03 · Social

    Social aspects

    • Family and friends
    • Travel and events together
    • Photographs and invitations
    • Form 888 witnesses
    04 · Commitment

    Commitment

    • Relationship chronology
    • Communication while apart
    • Knowledge of each other
    • Long-term plans together
    Long-distance couple preparing relationship evidence for a Partner Visa 309 and 100 application
    Living apart and travel

    Distance should be explained, not hidden.

    Many genuine couples live apart because of immigration restrictions, work, study, family obligations or cost. A strong offshore application explains why the separation occurred and how the relationship continued.

    • Use travel records, visits, communication patterns, financial support and future plans to show continuity.
    • A pending Subclass 309 application does not itself provide an Australian bridging visa or a right to enter Australia.
    • A separate Visitor Visa or other temporary visa application is assessed independently and should remain consistent with the Partner Visa case.
    • Travel plans should be checked against the applicant's visa status and the requirements applicable at the time of decision.
    Application process

    A disciplined offshore Partner Visa application process.

    The application should be structured so the relationship history, sponsor position and evidence can be followed without the decision-maker having to reconstruct the case.

    01

    Legal assessment

    Confirm the offshore pathway, relationship category, sponsor position and immigration history.

    02

    Evidence plan

    Build a chronology and map evidence across the four recognised relationship factors.

    03

    Prepare statements

    Ensure applicant, sponsor and supporting witness material is detailed and consistent.

    04

    Lodge 309/100

    Submit the combined Partner Visa application and sponsorship with the strongest available material.

    05

    Manage the waiting period

    Keep evidence current and respond to health, character and further-information requests.

    06

    Prepare for Subclass 100

    Provide updated material when the permanent-stage assessment becomes available.

    Complex offshore matters

    Some 309/100 cases require more than a document checklist.

    Identify the legal issue early. Complex facts can affect evidence strategy, timing, sponsorship or whether the application can continue.

    Long-distance relationship

    Limited cohabitation should be supported by a clear explanation and alternative relationship evidence.

    Relationship breakdown

    A change in relationship circumstances can trigger notification obligations and may affect the permanent pathway.

    Family violence

    Family violence provisions can be relevant in specified circumstances and require careful legal and evidentiary assessment.

    Family violence provisions

    Prior visa refusals

    Previous refusals, cancellations or adverse immigration history may need to be addressed directly.

    Health or character issues

    Medical or character concerns can create additional criteria, evidence requirements or procedural-fairness issues.

    Government charges

    Understand the cost before lodging.

    Government charges can change. Always check the official Home Affairs pricing immediately before payment.

    Most primary applicantsFrom AUD 11,710

    The visa application charge covers the combined Subclass 309 and Subclass 100 Partner Visa application. Additional applicant charges, health examinations, police certificates, translations and other external costs may apply.

    Processing time is not a fixed promise. Home Affairs currently publishes Partner (Provisional/Temporary) category data and individual processing varies according to the application and processing priorities.

    Official Home Affairs 309/100 information
    Check current processing times

    309 / 100 FAQs

    Questions offshore couples commonly ask.

    What is the difference between Subclass 309 and Subclass 100?
    Subclass 309 is the provisional offshore Partner Visa. Subclass 100 is the permanent stage. The two visa applications are lodged together and assessed in stages.
    Where must I be when I lodge?
    The primary applicant must be outside Australia when the combined 309/100 application is made.
    Do I have to be outside Australia when the 309 is granted?
    Under current rules, the applicant can be in or outside Australia when the Subclass 309 is decided. Check the current law and Department guidance before relying on location rules.
    Can I visit Australia while the 309 is processing?
    Potentially, if you separately hold or obtain an appropriate visa. The pending 309 application does not itself provide a bridging visa or a right of entry.
    Do de facto couples need 12 months?
    Usually the de facto relationship-duration criterion must be addressed unless an available exception applies. Registered relationships and other specified circumstances can be legally relevant.
    When is the Subclass 100 permanent stage assessed?
    Home Affairs states that temporary Partner Visa holders can generally submit permanent-stage information once two years have passed since the original Partner Visa application. The precise assessment depends on the circumstances and any applicable exceptions.
    What does a 309/100 “double grant” mean?
    It is an informal expression for circumstances where the permanent Subclass 100 can be assessed earlier, often because the relationship meets the relevant long-term relationship criteria. It is not automatic.
    What if the relationship ends before the Subclass 100 is granted?
    The Department should be notified. Depending on the facts, statutory provisions involving family violence, sponsor death or other circumstances may affect whether the pathway can continue.
    Before you lodge

    Make the distance understandable to the decision-maker.

    For offshore couples, the strength of the application often lies in the chronology: why you have lived apart, how the relationship has continued, how the sponsor fits the statutory framework and what evidence supports your shared future.

    Partner Visa 309/100 Strategy Consultation

    For married and de facto couples applying from overseas, including long-distance relationships, sponsor-history issues and complex immigration matters.

    Claim your consultation
    Legal review

    Reviewed by , Principal Lawyer

    Last reviewed: 26 September 2026 · Emigrate Lawyers

    General information only. Official references: Home Affairs Partner visas (apply overseas) and Partner Visa FAQs.

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