Giving Back              News & Update               Careers  

Partner Visa (Subclass 309/100)

Australian Migration Lawyers | Migration Agents & Lawyers Australian Migration Lawyers | Migration Agents & Lawyers

Partner Visa (Subclass 309/100)

Best Partner Visa Lawyers Australia

Ready to start your Partner Visa journey?

Are you living overseas and planning to join your partner in Australia? The Offshore Partner Visa A visa pathway for eligible applicants applying from outside Australia. , also known as the Subclass 309/100 Partner Visa The Subclass 309 is the temporary offshore partner visa. The Subclass 100 is the permanent stage. , allows eligible spouses and de facto partners This includes married couples and couples in a genuine and continuing de facto relationship. of Australian citizens, Australian permanent residents, or eligible New Zealand citizens to live in Australia.

Emigrate Lawyers assists couples with preparing strong, decision-ready Australian partner visa applications, including eligibility advice We assess applicant and sponsor eligibility before preparing the visa application. , relationship evidence Evidence may include financial documents, household records, photos, travel history, messages, and supporting statements. , sponsor documents Sponsor documents usually include identity, Australian status, character, and relationship-related evidence. , health and character requirements, and visa strategy.

Claim your Consultation

Tell us about your situation, and we will get back to you shortly.

    Subclass 309 / 100 Offshore Partner Visa Timeline

    Subclass 309 Partner Visa Timeline: From Offshore Lodgement to Permanent Residence

    Follow the usual stages of an offshore partner visa application, including eligibility checks, lodgement, relationship evidence, Department requests, the Subclass 309 temporary visa decision and the Subclass 100 permanent partner visa stage.

    • Subclass 309 Partner Visa
    • Partner Visa 309/100
    • Offshore Partner Visa Australia
    • Spouse Visa Australia
    • De Facto Partner Visa
    1 Before lodgement

    Check married or de facto partner visa eligibility

    The couple should confirm whether they meet the partner visa criteria before preparing the offshore application.

    • The applicant is usually outside Australia when applying for the Subclass 309 visa.
    • The relationship must be genuine and continuing.
    • The sponsor must be eligible to sponsor a spouse or de facto partner.
    • Any prior refusals, sponsorship limitations, character issues or relationship complications should be assessed early.
    2 On lodgement day

    Applicant lodges the Subclass 309/100 application offshore

    The applicant applies for the combined temporary and permanent offshore partner visa pathway.

    • The Subclass 309 visa is the temporary offshore partner visa stage.
    • The Subclass 100 visa is the permanent offshore partner visa stage.
    • Dates, travel history, relationship history and identity details should be consistent across all forms and statements.
    3 Sponsorship

    Sponsor lodges the sponsorship application

    The Australian sponsor submits the sponsorship component and supporting documents.

    • The sponsor provides identity, citizenship or permanent residence evidence.
    • The sponsor should provide a clear relationship statement.
    • Character documents and sponsorship history may be relevant.
    4 Documents

    Upload identity documents, police checks and relationship evidence

    The couple submits documents proving identity, sponsorship eligibility and the genuineness of the relationship.

    • Identity and civil status documents.
    • Financial evidence such as joint accounts, transfers or shared expenses.
    • Household evidence such as lease, bills, mail and shared living arrangements.
    • Social evidence, photographs, travel records and third-party statements.
    • Commitment evidence, communication records and future plans.
    5 After lodgement

    Consider temporary travel options while waiting

    Some applicants may consider a visitor visa or another temporary visa while the offshore partner visa is processing.

    • A visitor visa is assessed separately and on its own merits.
    • The applicant must still satisfy genuine temporary stay and other visitor visa requirements.
    • Travel plans should be consistent with the offshore partner visa strategy.
    6 Waiting period

    Submit updated partner visa evidence

    The couple should keep collecting and uploading updated documents while waiting for a decision.

    • Continue keeping evidence of communication, visits, finances and household arrangements.
    • Respond promptly if the Department requests further information.
    • Update the Department about major changes, including address, relationship or family changes.
    7 DHA decision

    The Department decides whether the criteria are met

    The Department assesses the relationship evidence, applicant documents and sponsorship material.

    • If the criteria are satisfied, the Subclass 309 visa may be granted.
    • If the criteria are not satisfied, the application may be refused.
    • Review or appeal options depend on the circumstances and strict time limits may apply.
    8 309 granted

    Temporary Subclass 309 visa is granted

    The applicant receives the temporary offshore partner visa and can usually enter Australia.

    • The Subclass 309 visa is temporary.
    • The applicant should comply with all visa conditions.
    • The couple should continue collecting evidence for the permanent Subclass 100 stage.
    9 Subclass 100 stage

    Permanent Partner Visa assessment

    Around the permanent stage, the applicant may need to provide updated relationship evidence.

    • The Department assesses whether the relationship remains genuine and continuing.
    • Updated documents may include finances, household evidence, social evidence and commitment evidence.
    • In some cases, the permanent visa may be granted soon after or at the same time as the temporary visa.
    10 100 granted

    Subclass 100 permanent residence is granted

    If the permanent partner visa criteria are met, the applicant can remain in Australia indefinitely.

    • The Subclass 100 visa is the permanent stage of the offshore partner visa pathway.
    • The applicant becomes an Australian permanent resident.
    • Citizenship eligibility is separate and depends on meeting citizenship requirements.

    Interactive Decision Point

    Select an outcome to see what may happen after the Department assesses the Subclass 309 application.

    Possible grant pathway: The Subclass 309 Partner Visa may be granted. The applicant can usually enter Australia on the temporary partner visa and later progress to the permanent Subclass 100 stage.
    Possible refusal pathway: The application may be refused. Depending on the circumstances, review or appeal options may be available, but strict deadlines can apply. Legal advice should be obtained urgently.
    Partner Visa Guarantee

    No Visa. No Fee.

    Apply for your Partner Visa with Emigrate Lawyers and if you do not get your visa, you do not pay a cent. Simple as that.

    * Terms and conditions apply

    No Visa, No Fee Guarantee

    Greater confidence when applying for a Partner Visa

    Emigrate Lawyers’ No Visa, No Fee Guarantee gives eligible Partner Visa applicants extra confidence before proceeding with their application. The guarantee is subject to assessment and terms and conditions.

    • Available for eligible Partner Visa matters assessed by Emigrate Lawyers.
    • Designed for applicants who want legal support and clearer fee protection.
    • Terms and conditions apply, so eligibility should be confirmed before relying on the guarantee.

    It means that if your eligible Partner Visa application is not successful, you may not have to pay professional fees, subject to the specific terms and conditions of the guarantee. You should read the full guarantee terms before starting your application.

    Relationship Evidence

    Four Pillars

    Partner Visa Relationship Criteria Click each pillar to see what the Department may consider.

    Subclass 309 Partner Visa Eligibility Criteria

    To apply for a Subclass 309 Partner Visa, the applicant and sponsor must satisfy the relevant offshore partner visa requirements. A key part of the application is proving that the relationship is genuine, continuing and supported by strong evidence.

    • Be outside Australia when applying for the Subclass 309 offshore partner visa.
    • Have a spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
    • Meet the married or de facto partner relationship requirements.
    • Provide evidence addressing the four pillars of a partner visa relationship .
    • Meet health, character and sponsorship-related requirements.
    Pillar 1 of 4

    Financial aspects of the relationship

    Financial evidence may include joint bank accounts, shared expenses, money transfers, joint loans, shared bills, financial support and records showing how the couple manages money together.


    Subclass 309/100 Partner Visa Pathway

    Two Stages of the Offshore Partner Visa

    The offshore Partner Visa pathway usually involves a temporary stage and a permanent stage. The Subclass 309 Partner Visa lets an eligible applicant enter and live in Australia temporarily while the permanent Subclass 100 Partner Visa stage is assessed.

    Stage 1 — Temporary Visa

    Partner (Provisional) Visa — Subclass 309

    The Subclass 309 Partner Visa is the temporary stage of the offshore partner visa pathway. It allows the spouse or de facto partner of an eligible Australian sponsor to enter and live in Australia while the permanent Subclass 100 Partner Visa stage is being processed.

    This is usually the first step toward permanent residence through the offshore partner visa stream. Applicants must generally be outside Australia when applying for the Subclass 309 visa.

    • This is a temporary partner visa.
    • It can lead directly to the permanent Subclass 100 Partner Visa.
    • The applicant must usually be outside Australia when applying.
    • The relationship must be genuine, continuing and properly supported by evidence.
    Practical tip

    A decision-ready Subclass 309 application should clearly explain the relationship history and include organised evidence addressing financial, household, social and commitment aspects of the relationship.

    Stage 2 — Permanent Visa

    Partner (Migrant) Visa — Subclass 100

    The Subclass 100 Partner Visa is the permanent stage of the offshore partner visa pathway. It is usually assessed after the temporary Subclass 309 stage, provided the relationship continues to meet the relevant partner visa requirements.

    To progress to the permanent stage, the applicant must usually hold the temporary Subclass 309 visa and continue to show that the relationship is genuine and ongoing. Updated documents may be requested before the permanent stage is finalised.

    • This is the permanent offshore partner visa stage.
    • The applicant must usually hold the temporary Subclass 309 visa first.
    • The relationship must remain genuine and continuing.
    • Updated relationship evidence may be required before the permanent visa is granted.
    Practical tip

    Couples should keep collecting relationship evidence after the Subclass 309 visa is lodged or granted, including updated financial records, household documents, travel records, photographs and communication evidence.


    Subclass 309 Partner Visa Refusal Risks

    Where a Subclass 309 Partner Visa Can Go Wrong

    A Subclass 309 Partner Visa application can become difficult when the relationship evidence is incomplete, inconsistent or poorly explained. Explore the common risk areas below and see how each issue can be reduced before lodgement or when responding to the Department.

    Risk 01

    Weak evidence across the four relationship pillars

    A common issue is relying too heavily on photos or chat screenshots while providing little evidence of shared finances, household arrangements, social recognition or long-term commitment.

    What can go wrong

    • No joint financial documents or explanation of separate finances.
    • Limited household evidence, especially where the couple has lived apart.
    • Few third-party statements from family or friends.
    • Relationship statements are too brief or generic.

    How to reduce the risk

    • Prepare evidence across financial, household, social and commitment categories.
    • Explain gaps in evidence clearly.
    • Use a relationship chronology to organise the application.
    • Provide tailored applicant and sponsor statements.
    Practical tip

    Strong applications do not simply upload documents. They explain what the documents prove and how they support the genuineness of the relationship.


    Subclass 309 to Subclass 100 Partner Visa

    Next Steps: Your Permanent Residency Roadmap

    After a successful Subclass 309 Partner Visa application, the next milestone is usually the Subclass 100 Partner Visa. This permanent stage is not just a formality. Couples should continue collecting evidence and be ready to show that the relationship remains genuine and continuing.

    Milestone 01

    Understand when the Subclass 100 stage may be assessed

    The permanent stage is usually assessed after the temporary Subclass 309 stage. Timing can vary, so couples should keep documents updated and monitor any Department requests.

    What to prepare

    • Keep ongoing relationship evidence after lodgement and grant.
    • Monitor Department correspondence and ImmiAccount updates.
    • Maintain a simple timeline of relationship developments.

    Legal strategy note

    Do not treat the Subclass 100 stage as automatic. The evidence should still show that the relationship is genuine, continuing and properly documented.

    Why Choose Emigrate Lawyers?

    Our team of seasoned immigration lawyers possesses in-depth knowledge and extensive experience in handling Subclass 309/100 visa applications. We stay updated with the latest legal developments to offer you the best possible advice and representation.

    We recognise that every client’s situation is unique. At Emigrate Lawyers, we take the time to understand your specific circumstances and tailor our services to meet your individual needs. Our goal is to provide you with the most effective legal strategies to ensure a successful outcome.

    We believe in transparent and predictable legal costs. Our fixed fee guarantee ensures that you know exactly what to expect, with no hidden charges. This allows you to focus on your case without worrying about financial uncertainties.

    Your satisfaction is our top priority. We are committed to delivering exceptional service and achieving the best possible results for our clients. Our track record speaks for itself, with countless successful Protection Visa applications and satisfied clients.


    Subclass 309 Partner Visa FAQs

    Frequently Asked Questions About the Subclass 309 Partner Visa

    Clear answers to common questions about the offshore Partner Visa pathway, including Subclass 309 eligibility, relationship evidence, processing, travel, refusals and the permanent Subclass 100 stage.

    The Subclass 309 Partner Visa is a temporary offshore partner visa for the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. It is usually the first stage before the permanent Subclass 100 Partner Visa.

    The Subclass 309 visa is temporary. The Subclass 100 visa is the permanent stage of the offshore partner visa pathway. Most applicants first receive the Subclass 309 visa and later progress to the Subclass 100 stage if the relationship remains genuine and continuing.

    Yes. The Subclass 309 is the offshore partner visa pathway. It is generally used where the applicant is outside Australia and wants to migrate to Australia based on a genuine spouse or de facto relationship.

    If the Subclass 309 visa is granted, the applicant can usually enter and live in Australia temporarily while progressing toward the permanent Subclass 100 stage. Always check the conditions listed on the visa grant notice.

    The sponsor is usually an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is the applicant’s spouse or de facto partner. Sponsor eligibility, character issues and previous sponsorship history should be assessed before lodgement.

    Yes. You may be able to apply as a de facto partner if you can show that the relationship is genuine, continuing and meets the relevant de facto relationship requirements.

    The Subclass 309 is an offshore partner visa, so applicants generally apply from outside Australia. If you are in Australia, the onshore partner visa pathway may be more appropriate.

    It depends on your circumstances. Some couples may need to explain limited cohabitation, long-distance periods, cultural circumstances, relationship registration or other evidence showing commitment to a shared life.

    Documents usually include identity documents, relationship evidence, sponsor documents, police checks, health information and evidence showing the financial, household, social and commitment aspects of the relationship.

    The four common evidence categories are financial aspects of the relationship, nature of the household, social aspects of the relationship and commitment to each other. Read more about genuine relationship evidence for a partner visa.

    Usually not by themselves. Photos and chat messages can help, but they should be supported by stronger evidence such as financial records, household documents, travel records, family statements and clear applicant and sponsor relationship statements.

    Relationship statements are highly useful. They can explain how the relationship started, how it developed, when commitment began, periods of separation, future plans and how the documents support the relationship.

    Processing times can vary depending on Department workload, evidence quality, missing documents and whether further information is requested. Applicants should check current Department processing guidance before lodging.

    In some cases, applicants may consider visiting Australia on a visitor visa while waiting. A visitor visa is assessed separately and the applicant must still satisfy visitor visa requirements, including genuine temporary stay requirements.

    After the Subclass 309 visa is granted, the applicant can usually live in Australia temporarily and later progress toward the Subclass 100 permanent partner visa stage. The couple should continue collecting updated relationship evidence.

    Updated evidence may include financial documents, household evidence, social evidence, commitment evidence, photographs, travel records, communication records and updated applicant and sponsor statements.

    A Subclass 309 visa may be refused if the applicant does not meet the criteria, the relationship evidence is weak or inconsistent, sponsor requirements are not met, or health, character or previous visa issues are not properly addressed.

    Inconsistent dates can create credibility concerns. Couples should prepare a relationship chronology and check forms, statements, travel records, prior visa documents and supporting evidence before lodgement or before responding to a Department request.

    Possibly. A previous visa refusal does not always prevent a partner visa application, but it can create additional issues. Prior refusals, cancellations, overstays or incorrect information should be reviewed carefully before lodging.

    Legal assistance can help identify risks, organise evidence, prepare relationship statements, address complex facts and respond to Department requests. This is especially useful if there are previous refusals, long-distance periods, de facto evidence issues, sponsor concerns or inconsistent documents.

    Related Insights

    Stay informed and up-to-date with our latest case studies, new migration changes and developments.