Yes. You must be outside Australia both when lodging the Subclass 309 visa application and when the Department makes the decision.
Partner Visa Provisional and Migrant (Subclass 309/100)
Partner Visa (Provisional & Migrant) – Subclass 309 / 100
The Partner Visa (Subclass 309/100) allows the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live with them in Australia. This visa is processed in two stages, starting with the temporary Subclass 309 visa and followed by the permanent Subclass 100 visa. Applicants must apply from outside Australia, making this the offshore partner visa pathway.
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Core Skills Stream
Labour Agreement Stream
How the 309 → 100 Partner Visa Pathway Works
Stage 1 — Subclass 309 (Provisional Partner Visa)
The Subclass 309 visa is a temporary visa for applicants outside Australia. Once granted, you can:
• Enter Australia and live with your partner
• Work and study without restrictions
• Travel in and out of Australia
• Access Medicare
• Remain in Australia while the permanent visa is processed
The Subclass 309 visa remains valid until the Department finalises your Subclass 100 permanent visa.
Stage 2 — Subclass 100 (Migrant Partner Visa)
The Subclass 100 visa is the permanent residency stage of the partner visa pathway.
To be granted the Subclass 100 visa, you must:
• Continue to be in a genuine, ongoing relationship
• Hold the Subclass 309 visa
• Meet all visa compliance and legal requirements
Once granted, the Subclass 100 visa provides full permanent residency rights and begins your pathway to Australian citizenship.
Understanding the Partner Visa Requirements
To be approved for the Partner Visa (Subclass 309/100), the Department requires strong evidence across four key areas:
1. Financial Aspects
Evidence showing shared financial responsibilities, such as:
- Joint bank accounts
- Shared bills and expenses
- Shared property, loans, or insurance
2. Household Arrangements
Proof that you share a life and home together, including:
- Living at the same address
- Sharing household duties
- Utility accounts in both names
3. Social Aspects
Evidence that your relationship is recognised by others:
- Photos and travel history together
- Joint social activities
- Statements from friends/family (Form 888)
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Key Eligibility Requirements
Provisional Partner Visa (Subclass 309)
- • You must apply from outside Australia.
- • You must be married to or in a de facto relationship with an eligible sponsor.
- • You must be at least 18 years old.
- • You must have a sponsor (special rules apply if the partner is under 18).
- • You must meet health and character requirements.
- • You must repay any outstanding debts to the Australian Government.
- • Your sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
Migrant Partner Visa (Subclass 100)
- • You must hold a temporary Subclass 309 visa.
- • You must continue to be in a genuine, ongoing relationship.
- • You must continue to meet all visa conditions.
- • You must provide updated evidence showing the relationship is still ongoing.
- • Special circumstances may apply if the relationship has ended (e.g., family violence, death of partner).
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Partner Visa (Subclass 309/100) – Frequently Asked Questions (FAQs)
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1. Do I need to be outside Australia to apply for the Subclass 309 visa?
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2. How long does it take to progress from the 309 to the 100 visa?It typically takes around two years from the date you lodge your combined 309/100 application. If you have been in a long-term relationship, you may be granted the Subclass 100 sooner.
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3. Can I work in Australia on the Subclass 309 visa?Yes. You have full work and study rights once the Subclass 309 visa is granted.
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4. Can I travel freely on the 309 visa?Yes. The Subclass 309 visa is a multiple-entry visa that allows you to travel in and out of Australia.
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5. What is the main difference between the 309 and 100 visas?309 Visa: Temporary partner visa allowing you to stay in Australia.
100 Visa: Permanent partner visa granted after further assessment. -
6. Do I need to apply separately for the Subclass 100 visa?No. The Subclass 100 visa is linked to your original application. The Department will contact you when it’s time to provide updated documents.
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7. Do we need to be married to apply for the 309 visa?No. You can apply as a de facto couple, typically requiring 12 months of cohabitation unless an exemption applies.
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8. What evidence do I need to prove my relationship?You must provide evidence covering financial commitment, shared household, social recognition, and ongoing relationship plans.
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9. Can my partner sponsor me if they previously sponsored someone else?Sponsorship limitations apply, such as a 5-year rule and maximum sponsorship caps. However, exemptions may be available depending on circumstances.
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10. Can I include my children in the 309/100 visa application?Yes. Dependent children may be included during lodgement or added before the final decision is made.
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11. Do I get Medicare on the 309 visa?Yes. Once your Subclass 309 visa is granted, you are eligible to enrol in Medicare.
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12. What happens if my relationship breaks down before the Subclass 100 is granted?You may still be eligible in certain situations including: • Family violence • Death of your sponsor • Having a child together
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13. Is health and character assessment required?Yes. All applicants must meet health, character, and identity requirements for both Subclass 309 and Subclass 100.