Offshore Partner Visa (subclasses 309/100)
A pathway to life together in Australia
Live in Australia with your Partner
Our immigration lawyers help couples prepare offshore partner visa applications, with clear advice on relationship evidence and the permanent stage.
Regal Migration Services
15 Min Free Consultation
Offshore Partner Visa (subclasses 309/100)
A pathway to life together in Australia
Our immigration lawyers help couples prepare offshore partner visa applications, with clear advice on relationship evidence and the permanent stage.
Regal Migration Services
15 Min Free Consultation
Live in Australia with your partner
Personalized legal advice
A pathway to your future
A two-stage process leading to temporary and then permanent residency.
Love has no borders
For married or de facto partners, including same sex partners, applied for outside Australia.
The offshore partner pathway is for eligible spouses and de facto partners of Australian citizens, Australian permanent residents or eligible New Zealand citizens. The applicant applies outside Australia for subclasses 309 and 100 together. These are provisional and permanent stages of one pathway.
Subclass 309 — provisional partner visa
A 309 grant allows you to live, work and study in Australia while the permanent stage is considered. Applicants can be in or outside Australia when the visa is decided. Applying offshore does not itself give you a bridging visa or permission to visit Australia while waiting. A separate visitor or other visa requires its own assessment and conditions.
Subclass 100 — permanent partner visa
Permanent-stage assessment generally becomes available two years after the combined application was lodged, rather than two years after the 309 grant. You supply updated evidence of your continuing relationship and meet the remaining requirements. Earlier assessment may be available for a qualifying long-term relationship or certain humanitarian-related circumstances. Permanent residence is a separate decision and is not automatic.
Married and de facto relationships
Your relationship must be genuine and continuing, with a mutual commitment to a shared life to the exclusion of others. Your marriage must be valid under Australian law. De facto applicants generally need at least 12 months in the relationship immediately before applying, unless an applicable exception applies. Relationship registration can address the duration requirement in eligible cases, but does not replace evidence that the relationship is genuine.
Evidence for couples living apart
We help explain your relationship history, time spent together and reasons for any separation. Evidence can cover shared finances, household arrangements, social recognition and commitment: expenses, travel records, communication, photographs, future plans and supporting statements. Documents should form a consistent account of your actual circumstances rather than a collection of unexplained images.
Sponsorship and dependent children
The sponsor’s citizenship or residency status, previous sponsorships and relevant character matters need review. Eligible dependent children may be included, with dependency and parental-consent evidence where required. Applicable health and character requirements must be met. Tell Home Affairs about changes to your passport, address, family or relationship.
If circumstances change
Family violence, a sponsor’s death or relationship breakdown involving a child may permit continued eligibility under particular provisions. Seek individual legal advice promptly rather than assuming the application must end. After permanent grant, overseas travel depends on the visa’s travel facility and citizenship has separate requirements.
Our immigration lawyers assist with eligibility, evidence, lodgement and Department requests. Fees and processing times vary. Read current Home Affairs guidance.
ELIGIBILITY
The applicant must be in a genuine and exclusive relationship with an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
The relationship must be proven to be committed, genuine, and continuing.
The applicant and their partner must meet the specific relationship criteria.
If in a de facto relationship, the duration of the relationship is generally required to be at least 12 months, unless exceptions apply.
Health and character requirements must be met by the applicant.
For married spouses, the validity of the marriage, mutual commitment, genuine and continuing relationship, and living arrangements must be shown.
For de facto partners, the absence of marriage to each other, mutual commitment, genuine and continuing relationship, and living arrangements must be demonstrated.
The sponsor must meet sponsorship obligations and satisfy eligibility requirements under Australian migration law.
BENEFITS
Temporary and Permanent Residence
A two-stage pathway to residency in Australia. First a temporary visa (309), then permanent (100).
Spousal Sponsorship
Be sponsored by your Australian citizen, permanent resident, or eligible New Zealand citizen spouse or de facto partner.
Work and Study Opportunities
Work and study in Australia, opening doors to career growth and educational advancement.
Access to Healthcare
Eligible for Medicare, Australia’s public healthcare system, providing access to medical services and subsidised medications.
Travel after visa grant
Travel while the 309 visa remains valid; after a 100 grant, check the permanent visa’s travel facility.
Family Reunification
Include your dependent children in your application and bring your family together to start a new life in Australia.
Pathway to Citizenship
After living in Australia as a permanent resident for a specified period, you may be eligible to apply for Australian citizenship.
Consultation
We’ll arrange a consultation to review your circumstances, discuss the subclass 309/100 partner visa pathway and identify the relationship evidence and application issues that need attention.
Service Agreement
If you choose our services, we’ll sign a service agreement clearly outlining the scope and terms of our assistance with your visa application and representation.
Document Guidance
We’ll provide a full document checklist and guide you through gathering all required documents and information, supporting you every step of the way.
Application Preparation
Our experienced team will prepare your visa application, include all required documents, and lodge it with the Department on your behalf.
Point of Contact
We’ll be your main contact with the Department, handling all correspondence related to your application on your behalf.
Ongoing Support
We will handle all communication with the Department and submit any additional information or documents on your behalf.
Offshore Partner Visa (subclasses 309/100)
A pathway to life together in Australia Live in Australia with your Partner
Our immigration lawyers help couples prepare offshore partner visa applications, with clear advice on relationship evidence and the permanent stage.
Book a consultation →Overview
The offshore partner pathway is for eligible spouses and de facto partners of Australian citizens, Australian permanent residents or eligible New Zealand citizens. The applicant applies outside Australia for subclasses 309 and 100 together. These are provisional and permanent stages of one pathway.
Application stages
1. Combined 309/100 application and sponsorship
The applicant generally applies outside Australia using one combined application for provisional subclass 309 and permanent subclass 100 and pays the combined application charge. The partner separately completes the sponsorship form. Sponsorship and the applicant’s visa criteria are both assessed; this is not an employer nomination.
2. Provisional 309 assessment
Provide relationship, identity, health, character and sponsorship evidence. The Department decides the provisional stage under the applicable location and other requirements. Lodging an offshore partner application does not provide an Australian bridging visa.
3. Permanent 100 stage
Permanent-stage assessment is generally available two years after lodgement of the original combined application, not two years after the 309 grant. Updated evidence is normally needed. A qualifying long-term relationship may allow earlier permanent assessment. The permanent stage is part of the combined pathway rather than a fresh combined partner application.
4. Keep evidence and report changes
Permanent residence is not automatic. Continue documenting the relationship and notify material changes. Where the relationship ends, specific death, family violence or child-related provisions may be relevant; seek advice before withdrawing.
Subclass 309 — provisional partner visa
A 309 grant allows you to live, work and study in Australia while the permanent stage is considered. Applicants can be in or outside Australia when the visa is decided. Applying offshore does not itself give you a bridging visa or permission to visit Australia while waiting. A separate visitor or other visa requires its own assessment and conditions.
Subclass 100 — permanent partner visa
Permanent-stage assessment generally becomes available two years after the combined application was lodged, rather than two years after the 309 grant. You supply updated evidence of your continuing relationship and meet the remaining requirements. Earlier assessment may be available for a qualifying long-term relationship or certain humanitarian-related circumstances. Permanent residence is a separate decision and is not automatic.
Married and de facto relationships
Your relationship must be genuine and continuing, with a mutual commitment to a shared life to the exclusion of others. Your marriage must be valid under Australian law. De facto applicants generally need at least 12 months in the relationship immediately before applying, unless an applicable exception applies. Relationship registration can address the duration requirement in eligible cases, but does not replace evidence that the relationship is genuine.
Evidence for couples living apart
We help explain your relationship history, time spent together and reasons for any separation. Evidence can cover shared finances, household arrangements, social recognition and commitment: expenses, travel records, communication, photographs, future plans and supporting statements. Documents should form a consistent account of your actual circumstances rather than a collection of unexplained images.
Sponsorship and dependent children
The sponsor’s citizenship or residency status, previous sponsorships and relevant character matters need review. Eligible dependent children may be included, with dependency and parental-consent evidence where required. Applicable health and character requirements must be met. Tell Home Affairs about changes to your passport, address, family or relationship.
If circumstances change
Family violence, a sponsor’s death or relationship breakdown involving a child may permit continued eligibility under particular provisions. Seek individual legal advice promptly rather than assuming the application must end. After permanent grant, overseas travel depends on the visa’s travel facility and citizenship has separate requirements.
Our immigration lawyers assist with eligibility, evidence, lodgement and Department requests. Fees and processing times vary. Read current Home Affairs guidance.
Discuss your circumstances
Our immigration lawyers can assess eligibility, identify the evidence needed and explain the next steps for your circumstances.
Book a consultation or call (03) 9013 5600. Tell us promptly if your visa is expiring or a response or review deadline applies.
General information. Requirements, fees and processing times can change. Check the current Home Affairs guidance linked above and obtain advice about your individual circumstances.