Offshore Partner Visa (subclasses 309/100)
For eligible spouses and de facto partners applying from outside Australia. Subclasses 309 and 100 are generally included in one combined application, with a provisional stage followed by permanent assessment.
- Pathway
- 309 provisional → 100 permanent
- Apply from
- Outside Australia, including accompanying applicants
- At decision
- May be in or outside Australia at decision, subject to applicable requirements
- Permanent stage
- 100 · generally included in the original combined application
- Work rights
- Work and study in Australia on 309 after grant. A pending application gives no entry or work permission.
Important cautions
- A pending offshore application does not provide a bridging visa for Australia or permission to enter, remain or work here.
- If visiting Australia during processing, you need an appropriate visa and must comply with its conditions. The partner application does not guarantee another visa or entry.
- Outside Australia is the application-location requirement, not a blanket requirement to remain overseas until decision. Check current decision-location, travel and entry requirements before making plans.
- Marriage alone is not sufficient relationship evidence, and the de facto duration requirement is not simply a requirement to have dated for 12 months.
- Permanent-stage eligibility is generally considered two years after the original combined application—not two years after the temporary visa grant. Earlier consideration can apply to qualifying long-term relationships. This is an eligibility milestone, not a promised decision date.
- You do not have to remain in an unsafe relationship. If the relationship ends, do not assume withdrawal or refusal is inevitable: family violence, a sponsor’s death or qualifying child-related circumstances may affect some applications. Eligibility depends on the subclass, stage and circumstances; obtain individual advice.
For subclass-specific family violence eligibility and support, see the official information (opens in a new tab).
The two stages
309 · Provisional partner stage
Usually the first stage of the combined 309/100 application. After grant, eligible holders can live, work and study in Australia while awaiting the permanent stage.
100 · Permanent partner stage
Permanent-stage eligibility is generally considered two years after the original combined application—not two years after the temporary visa grant. Earlier consideration can apply to qualifying long-term relationships. This is an eligibility milestone, not a promised decision date. Provide any required updated relationship and other evidence; the passage of time alone does not grant permanent residence.
Key requirements
- Have an eligible sponsor who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen and meets the relevant sponsorship requirements.
- Be legally married or in a qualifying de facto relationship, and demonstrate a genuine and continuing relationship with a mutual commitment to a shared life.
- De facto relationships generally must have existed for at least 12 months immediately before applying, unless an exception applies. Dating or an online relationship alone may not count.
- Be outside Australia when applying, along with family members applying with you.
- Explain the relationship and ongoing commitment if you are living in different countries; separation does not remove the need to meet spouse or de facto criteria.
- Meet health, character, identity and other applicable requirements. Any accompanying dependent family members must meet their own criteria.
What this visa allows
- Join your eligible spouse or de facto partner in Australia after the 309 grant.
- Live, work and study in Australia as a 309 holder.
- Access Medicare subject to eligibility and include eligible dependent family members under the relevant rules.
- Progress to subclass 100 if its criteria are satisfied; citizenship is a separate later assessment.
Evidence to prepare
- Legally recognised marriage or qualifying de facto evidence, as applicable.
- A consistent relationship history, relevant visits and time spent together, communication and shared commitments.
- Financial, household, social and mutual commitment evidence suited to your circumstances, including explanations for living apart.
- Sponsor, identity and dependent-family documentation, with updated evidence for the permanent stage.
How the process works
- Assess the relationship, sponsor eligibility and offshore application requirements.
- Prepare evidence of the relationship and an explanation of any periods apart.
- Lodge the combined 309/100 application while outside Australia and arrange the sponsorship application as required.
- Respond to health, character and information requests, and check any proposed travel against current visa and entry requirements.
- After the 309 grant, provide updated evidence for the subclass 100 permanent assessment when eligible.
How relationship evidence is considered
Evidence is generally weighed across four areas as a whole picture, not ticked off as a checklist.
01Financial arrangements
Explain shared expenses, financial support and commitments using evidence that reflects your real arrangements. Joint accounts are not a universal checklist item.
02Household arrangements
Explain where and how you live, household responsibilities and care arrangements. If living apart, explain the circumstances rather than creating an artificial shared address.
03Social recognition
Show how friends, family and others know your relationship through relevant statements, activities, visits and records.
04Mutual commitment
Explain the relationship’s development, ongoing communication, knowledge of each other and plans for a shared life. Consistency matters more than document volume.
How we actually help
- Assess offshore eligibility, sponsorship and complex immigration circumstances.
- Review relationship evidence where couples live apart or have different household arrangements.
- Prepare the combined application and sponsor documents, and assist with updated permanent-stage evidence.
Related pathway
309 and 100 are generally part of the original combined application. Updated evidence for the permanent stage is not the same as having to start a new unrelated visa application. Permanent residence requires a further eligibility assessment.
General information, not an individual eligibility assessment. Requirements, charges and processing times change and are not promised. Official sources:
About the 309/100
Potentially, if the spouse or de facto requirements and the other criteria are met. Explain the separation and provide evidence of your genuine ongoing commitment and plans.
There is no universal requirement for married couples to have lived together for 12 months. You must still meet the spouse criteria and show a genuine and continuing relationship. De facto relationships have their own duration rules and exceptions.
Potentially, with an appropriate visa and compliance with its conditions. The pending offshore partner application itself gives no entry, residence or work permission.
You must be outside Australia when applying. Current Department guidance permits you to be in or outside Australia at decision, subject to the applicable requirements. Check your current visa, travel arrangements and any first-entry date.
The permanent stage is generally included in the original combined application. You still need to provide any requested updated evidence and satisfy the permanent criteria.
You do not have to remain in an unsafe relationship. If the relationship ends, do not assume withdrawal or refusal is inevitable: family violence, a sponsor’s death or qualifying child-related circumstances may affect some applications. Eligibility depends on the subclass, stage and circumstances; obtain individual advice.
Your matter:
Offshore Partner Visa (309/100).
Selected service · Offshore Partner Visa (309/100)
A consultation assesses your circumstances, discusses realistic options and outlines possible next steps. It is not a visa or review application and not a representation agreement. Any further work, its scope and fees are agreed separately.
- 01Book your appointment
Choose an available appointment time and check the details before confirming.
Book appointment (opens booking page in a new tab) - 02Complete the visitor registration form
After booking, add your details and circumstances for your offshore partner visa (309/100) consultation.
Complete registration form (opens in a new tab) - 03Attend your consultation
Appointments are normally by phone, via Zoom, or in person at our Melbourne office. Follow your appointment confirmation for the arrangements.
Urgent matter or approaching deadline? Call our office on 03 9620 3195 or mobile +61 415 997 528.Message (SMS)WhatsAppA booking does not lodge anything, preserve rights or extend a deadline.