Offshore Partner Visa Subclass 309 and 100: Requirements, Evidence and Process
The Partner Visa Subclass 309 and 100 is the offshore partner visa for people who are outside Australia and want to join an Australian partner and live here permanently. It is one application with two stages. The subclass 309 is the temporary (provisional) stage, which lets you travel to and live in Australia while the Department completes its assessment. The subclass 100 is the permanent stage, which is decided later, once the Department has reviewed the relationship again.
For couples living in Pakistan, India, Bangladesh, Sri Lanka, Europe or anywhere else outside Australia, this is the standard route to a partner visa. It is also one of the most evidence based visas in the Australian migration program. The Department wants to know not only that you are married or in a de facto relationship, but that the relationship is genuine, continuing and shared in practical ways. Many applications run into trouble because the evidence is thin, uneven or inconsistent, not because the relationship is not real.
This page explains who can apply, what the relationship requirements are, what the sponsor must meet, what evidence to gather, how the two stages work, what the visa costs, what to expect while you wait and how it compares with the onshore partner visa. If you would like your situation reviewed by a person, Migration Factor offers a free consultation. You can request a free consultation through our contact form. Nothing on this page guarantees a visa outcome or a timeframe, and fees, processing times and rules change, so please treat this as a planning guide.
On this page
What the Subclass 309 and 100 Visa Is
The partner visa lets the partner of an Australian citizen, permanent resident or eligible New Zealand citizen live in Australia permanently. For offshore applicants, the process has two stages and one application.
- Subclass 309. A temporary partner visa. You lodge the application while you are outside Australia, and you are generally required to be outside Australia when it is decided. Once granted, the 309 allows you to travel to Australia and live here while the permanent stage is assessed. Practitioner sources report that it carries full work rights and access to Medicare.
- Subclass 100. The permanent partner visa. The Department assesses this stage about two years after you lodged the combined application. It reviews the relationship again with updated evidence, and the permanent visa is granted if the requirements are still met.
Practitioner sources report that a single visa application charge covers both stages, with no second charge at the permanent decision. In some cases, where the relationship is long term, the permanent visa can be decided much sooner. The threshold is commonly reported as around three years of relationship, or two years where the couple have a child together, but check the current rule with the Department.
Who the Visa Is For
The offshore partner visa suits couples who:
- Are married, or in a genuine de facto relationship, and the applicant is outside Australia
- Have an Australian citizen, permanent resident or eligible New Zealand citizen as their partner and sponsor
- Can show a genuine and continuing relationship with evidence across several areas of life
- Are able to meet the Department's health and character requirements
If the applicant is already in Australia, the onshore partner visa, the subclass 820 and 801, may be relevant. If you are engaged but not yet married, the prospective marriage visa, the subclass 300, may apply. The right choice depends on where each partner is and what your visa situation is, so check before you lodge.
Relationship Requirements
The Department recognises two kinds of relationship for the partner visa: marriage and de facto relationships.
Marriage
You must be legally married to your sponsor. A marriage that is valid where it took place is generally recognised in Australia, as long as it meets Australian requirements, such as both parties being of legal age and free to marry. The Department also needs to be satisfied that the marriage is genuine and continuing, so a marriage certificate alone is not enough. A certificate shows that you are married, while the evidence of the relationship shows that it is real.
De facto relationship
A de facto relationship means that you and your partner live together on a genuine domestic basis. Sources report that you generally need to have lived together for at least twelve months immediately before you lodge, unless an exception applies. The twelve month requirement can be waived where the relationship is registered under a recognised state or territory scheme, or in some cases where compelling and compassionate circumstances exist. Not every state and territory scheme is recognised, so check the current list rather than assuming.
Both partners must be in a genuine relationship, and the Department can look at whether you live together and share a life. Couples in long distance relationships can struggle to meet the de facto requirement, because living apart is hard to reconcile with a shared household. If that applies to you, take advice before you lodge.
The Sponsor
The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen, and usually at least 18 years old. The sponsorship must be approved before the visa can be granted. The sponsor may be asked for police checks, and some convictions, particularly family violence offences, can prevent a person from being an eligible sponsor regardless of whether the relationship is genuine.
There are limits on how often a person can sponsor a partner. Sources report a lifetime limit of two approved partner sponsorships, and generally a gap of five years from a previous partner sponsorship before a new one. Both limits can sometimes be waived in compelling or compassionate circumstances, such as where the couple have a child, but waivers are decided case by case and are not routine. Check the sponsor's history before you pay any charge.
The sponsor also gives undertakings to support the applicant in some circumstances, so they should understand what they are agreeing to.
Evidence of the Relationship
Evidence is the heart of a partner visa application. The Department looks at the relationship as a whole, and practitioners commonly describe four areas of evidence.
- Financial aspects. Joint bank accounts, joint loans or liabilities, shared bills and shared insurance, and evidence of how you support each other
- The nature of the household. A shared lease or mortgage, joint mail at the same address, and how household responsibilities are divided
- Social aspects. Photographs together over time, joint activities and travel, and statements from family and friends who know you as a couple. Practitioner sources report that statutory declarations on the Department's Form 888 from at least two Australian citizens or permanent residents are expected
- The nature of the commitment. The length of the relationship, whether it is exclusive, your plans for the future and the way you rely on each other
Offshore couples often face a particular challenge: if you have lived in different countries, the evidence of a shared household is limited. In that case, the other areas carry more weight, such as the history of visits, travel records, regular communication, financial support, the involvement of both families and the wedding or engagement itself. A few practical points help.
- Spread the evidence across time, not just the recent months
- Make sure the evidence from different areas is consistent, so that dates, addresses and accounts match
- Choose supporters who genuinely know the relationship and can describe it, because weak or generic declarations carry little weight
- Include statements from both partners that tell the story of the relationship in their own words
- Keep a record of visits, flights, stamps in passports and communication history, and explain any gaps rather than leaving the Department to guess
Quality matters more than quantity. A well organised set of documents that tells a consistent story is more persuasive than a large pile of screenshots.
Health and Character Requirements
The applicant, and any family members included in the application, must meet health and character requirements. Health examinations are arranged through panel physicians, and usually include a medical exam, a chest radiograph and blood tests where required. Sources report that the health requirement is Public Interest Criterion 4007, and that a waiver may be available in some cases where a condition would otherwise prevent a grant.
For character, you need police certificates from every country where you have lived for twelve months or more in the past ten years. Sources report that a substantial criminal record under section 501 of the Migration Act can include a single sentence of twelve months or more, or sentences adding up to twelve months or more. Certificates and health results have limited validity, and a common problem is a certificate that expires before the permanent stage, so plan to renew them when the Department asks.
If you have concerns about health or character, take advice early. Police certificates from some countries can take weeks to obtain, so start the request as soon as you decide to apply.
Documents Checklist
A solid starting checklist for the subclass 309 includes:
- Passports and identity documents for the applicant and any included family members
- The sponsor's identity documents and evidence of citizenship, permanent residence or eligible New Zealand status
- Your marriage certificate, or evidence of the de facto relationship and its duration
- Evidence of previous marriages or relationships ending, such as divorce certificates or death certificates, for both partners
- Financial evidence, such as joint bank statements, bills and loans
- Household evidence, such as lease agreements, utility bills and joint mail, where you have lived together
- Social evidence, such as photographs, travel records, messages and call history
- Statutory declarations from supporters, including the Department's Form 888
- Statements from the applicant and the sponsor
- The sponsor's police certificates, where required
- Police certificates and health examination results for the applicant when requested
- Certified English translations of any document that is not in English. Sources report that NAATI certified translators are expected
Names, dates and addresses must match across documents. A mismatch between the evidence and the statements can raise questions about the relationship.
How to Apply Step by Step
The usual sequence for the subclass 309 and 100 is below.
Confirm that you can apply offshore, and that you will be outside Australia when you lodge and when the 309 is decided.
Confirm that the sponsor is eligible and not caught by a sponsorship limit.
Check that you meet the relationship requirements, including twelve months of living together for a de facto relationship unless an exception applies.
Gather evidence across the four areas of the relationship.
Check the current application charge using the Department's Visa Pricing Estimator.
Lodge the application through ImmiAccount, together with the sponsorship, and pay the application charge.
Provide health examinations, police certificates and other documents when the Department asks.
Wait for the temporary stage to be decided, and keep building and recording evidence of your relationship.
When the 309 is granted, follow its conditions, travel to Australia and begin living with your sponsor in the way you described.
At the permanent stage, provide updated evidence and update health and police documents if they have expired.
Visa Costs and Related Expenses
The visa application charge changed on 1 July 2026. Migration sources report that the base charge for the partner visa for a main applicant is now about AUD 11,710, up from AUD 9,365 the previous year, and that it covers both the temporary and permanent stages. A surcharge of about 1.4 percent is reported for online credit card payments. Additional applicants carry their own charges, which differ for adults and children. A lower charge may apply to eligible applicants from some Pacific region countries. These figures come from migration practitioners, so please confirm the exact charge in the Visa Pricing Estimator before you pay.
Other costs to budget for include:
- Health examinations for the applicant and any included family members
- Police certificates from each relevant country
- Certified translations and document copies
- Travel to meet your sponsor during the process, and the cost of relocating once the 309 is granted
- Professional assistance, if you choose to use it
Charges are not refunded if the application is refused or withdrawn.
Processing Time Guidance
Processing time depends on the case and the Department's workload. Home Affairs publishes a processing times tool that reflects recently decided applications, and it is the right place to check the current position. Practitioner sources report that about half of subclass 309 applications were decided within roughly 14 months, and about 90 percent within 24 to 26 months. The permanent stage, the subclass 100, is assessed about two years after you lodged the combined application. Figures change every month, and some sources differ, so treat all of these as indications.
A few practical points follow.
- A complete application with strong, consistent evidence is easier to assess than one that needs follow up
- The Department does not generally respond to individual status enquiries
- Agents cannot make the Department decide faster
- Health examinations and police certificates should be kept valid, because expired documents cause delay
Being in Australia During Processing
Unlike the onshore partner visa, the offshore application does not give you a Bridging Visa A, because you lodge from outside Australia. The general rule is that you must be outside Australia when the 309 is granted. Sources report that you may be able to visit Australia lawfully during processing, for example on a visitor visa, but being in Australia at the wrong moment can delay the grant.
The Minister announced on 17 September 2026 that a no further stay provision would be attached to visitor visas. No start date has been given, and partner visa criteria were not changed by the announcement. Practitioners expect that it would limit applying for another visa after arriving on a visitor visa, which makes the offshore route more relevant for couples. Because the announcement is not yet in force, do not assume how it will operate. If you plan to visit your partner while your application is pending, take advice on the timing so that your presence in Australia does not affect the decision.
Work Rights and Conditions
Sources report that the subclass 309 provides full work rights and access to Medicare once you are in Australia. Check the conditions printed on your grant letter, because individual conditions can apply. Once the subclass 100 is granted, you hold permanent residence, can live, work and study in Australia, access Medicare and later apply for citizenship if you meet the residence requirements. A permanent resident can travel in and out of Australia during the period of the travel facility attached to their visa, so keep track of its dates.
Subclass 309 and 100 Compared With Other Partner Pathways
Couples often compare the options.
- Subclass 309 and 100. Offshore, two stages, one application. The applicant is outside Australia when applying and when the temporary stage is decided.
- Subclass 820 and 801. Onshore, two stages, one application. The applicant is in Australia when applying and when the temporary stage is decided, and is normally on a bridging visa while waiting.
- Subclass 300 Prospective Marriage visa. For engaged couples who are not yet married. The applicant arrives in Australia, marries, then applies for the onshore partner visa.
The right choice depends on where each partner is, whether you are married or can show twelve months of a de facto relationship, and what your visa situation is. A consultation can help you compare these before you pay a charge.
Common Reasons Applications Are Refused or Delayed
Problems with partner visa applications come from a limited number of causes.
- Thin or uneven evidence across the four areas of the relationship
- Weak or generic statements from supporters who do not know the relationship well
- Inconsistencies between statements and documents, such as addresses or dates
- A de facto relationship that does not meet the twelve months or living together requirement, with no valid exception
- A sponsor who is not approved or is caught by a sponsorship limit
- A sponsor or applicant with relevant character concerns
- Health examinations or police certificates that expire before the permanent stage
- Inaccurate disclosure of previous refusals, relationships or criminal history
- Being in Australia at the time of grant when the offshore visa requires otherwise
- False or misleading information, which can have serious long term consequences
Many of these can be addressed before you lodge. Merits review may be available for some refusals, so read the decision letter carefully and seek advice quickly, because strict time limits apply.
Considerations for Applicants From Pakistan, India, Bangladesh and Sri Lanka
Couples where one partner is from South Asia often ask about marriages arranged by families, religious ceremonies and civil registration. A marriage that is valid where it took place is generally recognised if it meets Australian requirements, but you should provide the registration documents that prove it, such as the marriage certificate, nikah documents or civil registration, together with certified translations where needed. Arranged marriages are assessed like any other. What matters is that the relationship is genuine and continuing, and that the evidence shows a real and shared life.
Applicants from Pakistan, India, Bangladesh and Sri Lanka should plan early for the following.
- Identity and civil status documents, including birth certificates and previous marriage or divorce records, with certified translations
- Police certificates from the home country, which can take time to obtain and must be current
- Panel physician health examinations at an approved clinic in the applicant's country
- Evidence of the relationship during periods living apart, such as visits, travel records, calls, messages and involvement of both families
- Statements from supporters who know the couple, including Australian citizens or permanent residents who can complete Form 888
The requirements do not differ by nationality. What matters is the genuineness of the relationship, the sponsor's eligibility and the quality of the evidence. Applicants from Europe and other regions face the same rules, although the documents differ.
How Professional Help Can Assist
A migration professional cannot change the rules, guarantee a visa or make the Department decide faster. What a good adviser can do is help you choose between the offshore and onshore routes, check that the sponsor is eligible, organise the relationship evidence so that it tells a clear and consistent story, plan the timing of travel and documents, prepare you for the permanent stage and advise on what to do if your circumstances change.
This review is most useful before you lodge, because the charge is not refunded and a thin application is hard to strengthen later. Make sure anyone you pay for immigration advice in Australia is appropriately authorised, and ask to see their registration details.
Why Consider Migration Factor
Migration Factor provides information and assistance on Australian visa pathways, including partner and family visas. We offer a free consultation where you can talk through your relationship, your evidence and your options before deciding on your next step. To arrange one, request a free consultation through our contact form.
Frequently Asked Questions
What is the offshore Partner Visa Subclass 309 and 100?
It is a two stage partner visa for people outside Australia whose partner is an Australian citizen, permanent resident or eligible New Zealand citizen. The 309 is the temporary stage and the 100 is the permanent stage, under one application.
What are the subclass 309 visa requirements?
You must be outside Australia, be married to or in a genuine de facto relationship with an eligible sponsor, show that the relationship is genuine and continuing, meet health and character requirements and have an approved sponsor.
What is the difference between subclass 309 and subclass 100?
The 309 is the temporary visa that lets you travel to and live in Australia. The 100 is the permanent visa, assessed about two years after you lodged, once the Department has reviewed the relationship again.
Where must I be when the 309 is decided?
Sources report that you must usually be outside Australia at lodgement and when the 309 is granted. Visiting Australia while the application is pending can be possible, but timing matters, so take advice first.
What evidence do I need for a partner visa?
Evidence across four areas: financial, the nature of the household, social aspects and the nature of the commitment. This includes joint finances, shared accommodation where relevant, photographs, travel records, statements from supporters and your own statements.
How much does the offshore partner visa cost?
Practitioner sources report about AUD 11,710 for the main applicant from 1 July 2026, up from AUD 9,365, covering both stages. Confirm the exact charge in the Visa Pricing Estimator. Charges are not refunded after refusal.
How long does the subclass 309 visa take to process?
There is no fixed time. Practitioners report about 14 months for half of applications and 24 to 26 months for 90 percent. Check the Department's processing times tool for the current position.
When is the subclass 100 permanent visa decided?
Generally about two years after you lodged the combined application, when the Department reviews the relationship again with updated evidence. In some long term relationships it can be decided earlier.
Can I work in Australia on the subclass 309?
Practitioner sources report full work rights and Medicare access on the 309. Check the conditions on your grant letter, because they apply to your individual visa.
Who can sponsor me for the partner visa?
Your partner, if they are an Australian citizen, permanent resident or eligible New Zealand citizen who is at least 18 and approved as a sponsor. Limits apply to how often a person can sponsor a partner.
Can Pakistani, Indian, Bangladeshi and Sri Lankan citizens apply?
Yes. The same criteria apply to all nationalities. What matters is that the marriage or de facto relationship is genuine, the sponsor is eligible and the evidence is consistent.
Why do partner visa applications fail?
Common causes include thin or inconsistent evidence, weak supporter statements, an ineligible sponsor, relationships that do not meet the de facto requirements, expired documents at the permanent stage and false information.
Next Step
If you are deciding between the offshore and onshore partner visa, organising your relationship evidence or planning documents and travel, request a free consultation with Migration Factor through our contact form. Please bring your passport and visa details, a timeline of your relationship and examples of your joint evidence, so the conversation can be specific.
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