309/100 Partner Visa

Subclass 309 and 100 - Offshore Partner Visa

The Partner Visa (Subclass 309/100) allows genuine partners of Australians to apply from offshore, reuniting couples in Australia, while Subclass 820/801 applies to onshore applicants.

About this visa

The Australian Partner Visa, including the Subclass 309 and Subclass 100 visas, is tailored for individuals who are in a genuine relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen residing outside Australia. This visa permits the partner to join and reside with their loved one in Australia.

Just like the Subclass 820 and Subclass 801 visas for onshore applicants, the Subclass 309 and Subclass 100 visas for offshore applicants serve the same primary purpose of facilitating the reunification of genuine couples in Australia. However, the key distinction lies in the applicant’s location at the time of application: Subclass 820/801 is for onshore applicants already in Australia, while Subclass 309/100 is for offshore applicants living outside Australia.

Difference

Subclass 309: This is a temporary visa, usually granted first. The applicant must apply for it from outside of Australia. It remains valid while your permanent Subclass 100 visa application is being processed.
Subclass 100: This is a permanent visa granted after certain conditions are met, including the duration of your relationship and ongoing evidence of its genuineness. Applicants must wait for 2 years after lodging their Subclass 309 visa application before they can submit a Subclass 100 visa application. However, there are certain circumstances in which applicants can be exempted from the 2-year requirement if they meet specific criteria, allowing them to be granted both the 309 and 100 visas simultaneously.

Eligibility for Applicant

	Requirements
Relationship Status	Been living together in a de facto relationship for at least 12 months, or hold a cohabitation certificate, verifying the authenticity of their relationship, or possess a valid marriage certificate, confirming their legal marital status.
Age	The applicant’s marriage must comply with Australian law. If you are aged 16 or 17, parental consent is required.
Location	The applicant must be outside from Australia when applying for the visa.
Current Visa	There are no specific requirements for the current visa.
English Language	No requirement.
Child Welfare	The application must meet the criteria considering the best interests of any child involved.
Previous Visa History	If you have a history of visa refusals or cancellations, it may negatively impact your partner visa application.
Debt to the Australian Government	You must have no outstanding debts to the Australian government.
Health & Character	Applicants must meet health and character requirements.

Eligibility for Sponsor

	Requirements
Citizenship Status	The sponsor must be an Australian citizen, a permanent resident, or an eligible New Zealand citizen.
Character Requirements	Sponsors must meet the character requirements specified by the Australian government.
Age Criteria	Sponsors should be of legal age as defined by the Australian law.
Sponsorship Limitations	Number of Sponsorships: Generally, a sponsor can only sponsor two partners for a Partner Visa in their lifetime. Time Between Sponsorships: There should be a minimum five-year gap between the first and the second sponsorship since the time of application of the first sponsorship. Exemptions: In certain circumstances, exemptions to these limitations may be granted. These are typically considered on a case-by-case basis and depend on specific circumstances, such as compelling and compassionate reasons.
Consistency in Sponsorship	The sponsor at the time of application must remain the same for two years following the grant of the temporary Partner visa (subclass 309). The applicant may be eligible for both the temporary Partner visa (subclass 309) and Permanent Partner visa (subclass 100) if the following conditions are met: Children of the Relationship: If the couple has a dependent child together, and two-year relationship at the time of application. The two-year requirement may not apply. The child must be recognized as dependent on the couple. Long-term Relationship: If the couple has been in a de facto relationship for at least three years at the time of application, the two-year requirement may not apply. Compelling and Compassionate Circumstances: In cases where there are compelling and compassionate circumstances, such as serious illness or hardship, the two-year requirement may be waived. These circumstances are evaluated on a case-by-case basis.

Eligibility for applicant's dependent children

	Requirements
Age Requirement	Dependent children must be under 18 years of age, or If they are 18 to 23 years old, they must be financially dependent on the primary applicant or their partner, and be full-time students, or If they have a disability that prevents them from working, there is no age limit.
Financial Dependency	Dependent children aged 18 to 23 must provide evidence of financial dependency on the primary applicant or their partner. This may include proof of financial support for living expenses, education, or other essential needs.
Full-Time Student Status	If dependent children are between 18 and 23 years old and are claiming to be full-time students, they must provide evidence of their enrollment in an eligible course.
Disability	If a dependent child has a disability that prevents them from working, there is no age limit, and they do not need to be financially dependent.
Health and Character Requirements	Dependent children must meet health and character requirements, just like the primary applicant.

Process

Step 1

309 Visa Application

Submit your offshore partner visa application, including evidence of your genuine relationship, identity documents, and sponsor information.

Step 2

100 Visa Application

After holding the 309 visa, you may become eligible for the permanent 100 visa, based on the length and genuineness of your relationship and ongoing supporting evidence.

Cost

	Cost
Primary Applicant	AUD 9,365
Secondary Applicants (aged 18 and over)	AUD 4,685 each
Dependent Children (under 18)	AUD 2,345 each

The fee is subject to the latest pricing set by the Australian Department of Home Affairs.

Stay Period

Subclass 309 visa:
It remains valid from the date of grant until a decision is reached regarding your permanent Partner visa (subclass 100).
Subclass 100 visa:
It‘a permanent visa.

Benefits

Work in Australia: Holders of the Subclass 309 and Subclass 100 Visa can work.
Study: You can pursue further studies or enroll in courses in Australia, which can enhance your skills and qualifications.
Family Sponsorship: The applicant can include eligible family members, such as your dependent children, in your visa application.
Access to Healthcare: Visa holders can access Medicare, Australia’s public healthcare scheme, which provides essential medical services.
Multiple Entries: Enjoy multiple entries to and exits from Australia for a period of up to five years, allowing for flexibility in travel.

Frequently Asked Questions

If my partner visa (309) is granted, can I immediately apply for the permanent 100 visa?

No. The Subclass 100 is usually granted after a minimum 2-year period from the date of lodgement, unless you meet exemptions such as having a dependent child, a long-term relationship, or compelling circumstances.

What happens if my relationship breaks down before the 100 visa is granted?

Your eligibility for the permanent visa may be affected, but in cases of domestic violence or if you share a dependent child, you may still continue with the application.

Do we need to prove ongoing relationship again when applying for the 100 visa?

Yes. Even after the 309 visa is granted, you must provide updated evidence of the genuineness and continuity of your relationship at the 100 visa stage.

Can my sponsor change after the 309 visa is granted?

No. The sponsor must remain the same person for at least two years after the 309 visa is granted, unless the relationship ends due to exceptional reasons like domestic violence.

If my sponsor previously sponsored another partner, will this affect my application?

Yes. Sponsors generally cannot sponsor more than two partners in their lifetime and must wait at least 5 years before sponsoring a new partner visa.

Will my past visa refusals or cancellations affect my 309/100 partner visa application?

Yes. A history of visa refusals or cancellations can negatively impact your application. Each case is assessed individually, but disclosure and explanation are critical.

Do we need to register our marriage in Australia if we were married overseas?

No, but your marriage must be legally valid in the country where it was performed and recognised under Australian law.

Can I apply for the 309 partner visa if I’m currently in Australia?

No. The Subclass 309 is an offshore visa. You must be outside Australia both when lodging and when the visa is decided.

Will I get a Bridging Visa after applying for the 309 partner visa offshore?

No. Bridging visas are only available for onshore applications. If you apply offshore, you must wait outside Australia until a decision is made.

How long does it take to move from the 309 temporary visa to the 100 permanent visa?

Typically around 2 years, but timing may vary. If you meet exemption criteria (children, long-term relationship, or compelling circumstances), you may receive both visas at the same time.

Note: This FAQ is general information only and not legal advice. Settings (e.g., eligibility tests, exemptions, and evidentiary rules) can change; always check the latest legislative instruments before applying.

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