Partner Provisional Visa Subclass 309 pathway for eligible partners applying through an Australian partner migration route.
Partner Provisional Visa Subclass 309 pathway for eligible partners applying through an Australian partner migration route.

Partner (Provisional) Visa (Subclass 309)

The offshore Partner Visa pathway is for eligible spouses and de facto partners of Australian citizens, Australian permanent residents or eligible New Zealand citizens. The applicant must be outside Australia when applying for the provisional Subclass 309 visa, which is the first stage towards the permanent Partner (Migrant) Visa Subclass 100

Visa Route Migration can provide professional assistance based on your circumstances and agreed scope of engagement.

Personal, Professional Migration Support

Why Choose Us for Offshore Partner Visas (Subclasses 309 & 100)

Visa Route Migration is led by Registered Migration Agent Rose Khangura, formally Rachhpal Kaur Khangura, MARN 2619247. Rose holds a Graduate Diploma in Migration Law & Practice from Victoria University and has two years of experience in migration and visa services, including visa files, documentation and application preparation.

Partner visa applications can involve extensive personal information and evidence about a couple’s relationship. Rose’s professional approach centres on considering individual circumstances carefully, communicating clearly and explaining both opportunities and limitations rather than treating every matter as the same.

The professional scope can be matched to the assistance required. Depending on the matter and agreed engagement, this may include professional migration advice, visa-options assessment, document or application review, assistance with a particular stage, broader application assistance or end-to-end support.

The offshore nature of the Subclass 309 pathway also means applicants do not need to be based near Visa Route Migration’s Clyde North practice. Remote assistance is available to clients throughout Australia and overseas where the matter concerns Australian migration, making it practical for partners who are living in different countries.

Offshore Partner Visa Stages

The offshore Partner pathway brings the provisional and permanent applications together, but each stage has a different purpose and requires attention to the applicant’s circumstances and relationship evidence. Home Affairs currently treats Subclasses 309 and 100 as one connected application pathway.

Provisional Stage

Permanent Stage

Subclass 309 Provisional Stage

The Partner (Provisional) Visa Subclass 309 is the temporary stage of the offshore Partner pathway. It is intended for eligible spouses and de facto partners of Australian citizens, Australian permanent residents and eligible New Zealand citizens. The applicant must be outside Australia when applying, and the relationship must satisfy the applicable Partner Visa requirements. A sponsor is also required and must be approved by Home Affairs.

An important part of preparing a Subclass 309 application is demonstrating the relationship through evidence appropriate to the couple’s circumstances. Home Affairs may consider financial arrangements, the nature of the household, social aspects of the relationship and the couple’s commitment to each other. Applicants may also need identity, health, character, former-relationship and dependant documentation where relevant.

The evidence should reflect the real relationship rather than simply creating a large collection of documents. Depending on the agreed professional engagement, Visa Route Migration may assist with migration advice, assessment, documentation or application review, a particular application stage or broader application assistance. The exact professional scope depends on the circumstances and what has been agreed with the client.

If granted, the Subclass 309 allows the visa holder to live, work and study in Australia temporarily while the permanent Subclass 100 application progresses. Home Affairs also permits travel to and from Australia while the visa remains in effect, subject to the visa holder meeting applicable conditions and obligations.

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Offshore Partner Visa Questions

What is the Subclass 309 visa?

The Partner (Provisional) Visa Subclass 309 is a temporary visa for an eligible spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. It forms the first stage of the offshore pathway leading towards the permanent Partner (Migrant) Visa Subclass 100.

Do I apply for Subclasses 309 and 100 together?

Yes. Home Affairs currently treats the offshore pathway as a combined application for the temporary Subclass 309 and permanent Subclass 100 visas. The permanent stage is assessed later after the relevant requirements and timing for Subclass 100 are met.

Must I be outside Australia when applying?

Yes. The primary applicant and family members applying with them must be outside Australia when the Subclass 309 application is lodged. Home Affairs states that the applicant may be either inside or outside Australia when the temporary visa is decided. If you are already in Australia, a different Partner Visa pathway may need to be considered.

Who can sponsor a Subclass 309 applicant?

In most cases, the applicant must be the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and the partner generally acts as sponsor. Home Affairs must approve the sponsorship, and additional sponsor requirements can apply, so individual circumstances should be checked before relying on general eligibility information.

What relationship evidence may be required?

Home Affairs asks applicants to provide evidence showing a genuine relationship. Depending on the circumstances, this can involve the couple's relationship history and evidence relating to shared finances, household arrangements, social aspects of the relationship and commitment to each other. Marriage, de facto, former-relationship and dependant documentation may also be relevant.

Do de facto partners need 12 months together?

Usually, Home Affairs requires a de facto relationship to have existed for at least 12 months immediately before the Subclass 309 application. Exceptions can apply in specified circumstances, including some registered relationships and certain compelling or compassionate circumstances. Because the applicable rules depend on the facts, individual assessment may be important.

Can family members be included?

Certain members of the family unit can be included when the offshore Partner Visa application is lodged, subject to the applicable requirements. Home Affairs also permits a dependent child to be added after lodgement but before the temporary Subclass 309 decision. Different arrangements apply if a child needs to be added after Subclass 309 has already been granted.

When is the Subclass 100 stage assessed?

In most cases, an applicant becomes eligible for permanent Subclass 100 assessment two years after the original Subclass 309 and 100 applications were lodged. Home Affairs identifies limited circumstances where the permanent visa may be granted sooner, including certain long-term relationships. Current eligibility should be checked against the applicant's particular circumstances.

Is more relationship evidence needed for Subclass 100?

Usually, yes. At the permanent stage, Home Affairs requires evidence that the applicant continues to be the spouse or de facto partner of the person who sponsored the temporary visa, subject to exceptions recognised under migration law. Updated evidence may again address finances, household arrangements, social aspects and the couple's commitment.

How long does a Partner Visa take?

Processing times vary and should not be treated as a guaranteed timeframe. Home Affairs provides a visa processing time guide based on recently decided applications and states that the figures are a guide rather than a prediction for an individual application. The permanent-stage processing period also depends on when the applicant becomes eligible for assessment.

What costs should I expect?

Government visa application charges apply, and additional costs can arise for matters such as health examinations, police certificates or biometrics. Government charges can change, so current amounts should be checked before applying. Visa Route Migration does not publish professional fees because the professional scope and applicable costs depend on the individual matter and agreed engagement.

Can Visa Route Migration help if I am overseas?

Yes. Visa Route Migration assists overseas clients where their matter concerns Australian migration, as well as clients throughout Australia. Depending on your circumstances and agreed professional scope, assistance may range from a particular review or application stage to broader Partner Visa application support.

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4 Handsome Ave, Clyde North VIC 3978, Australia

Discuss Your Offshore Partner Visa

If you are considering the offshore Partner Visa pathway or need assistance with a Subclass 309 or 100 matter, complete the enquiry form to arrange a free initial consultation with Visa Route Migration. The initial discussion can help clarify your circumstances, the general nature of your enquiry and possible next steps. A detailed eligibility assessment or personalised migration strategy may require formal professional engagement.

Subclass 100 Permanent Stage

The Partner (Migrant) Visa Subclass 100 is the permanent stage of the offshore Partner pathway. It is usually available to someone who holds a Subclass 309 visa and, in most cases, remains in a genuine and ongoing relationship with the same sponsor. A Subclass 100 visa allows the holder to live, work and study in Australia permanently.

Permanent-stage assessment does not usually occur immediately after the provisional visa is granted. Home Affairs states that two years generally need to have passed since the combined Subclass 309 and 100 application was lodged before the applicant is eligible for permanent-stage assessment. Limited exceptions can allow earlier grant in specified circumstances, including certain long-term partner relationships.

Applicants preparing for the permanent stage need to provide updated information and supporting material. This can include evidence showing that the relationship remains genuine and continuing, together with relevant changes in personal or family circumstances. Because a relationship and a couple’s evidence can develop significantly after the original application, the permanent stage requires its own careful review rather than assuming the earlier material remains sufficient.

Visa Route Migration can provide assistance with a Partner Visa matter according to the client’s circumstances and agreed professional scope. This may involve support with a particular stage or broader application assistance where appropriate, while eligibility and the ultimate visa decision remain matters determined under the applicable migration requirements.

309 and 100: Key Differences

A quick comparison of the two stages in the offshore Partner Visa pathway.
Key Point Subclass 309 Subclass 100
Pathway Role Provisional first stage Permanent later stage
Visa Status Temporary Permanent
Application Structure Starts the combined 309/100 application Continues from the combined application
Starting Location Applicant outside Australia when applying Assessed later in the same pathway
Evidence Focus Initial relationship and supporting evidence Updated relationship and circumstances evidence
Main Purpose Progress through the provisional stage Progress to permanent Partner status
Professional Help Preparation, review or broader assistance Permanent-stage assistance where agreed

Before You Proceed With 309/100

These practical points can help you prepare for the offshore Partner Visa pathway and understand your responsibilities as the matter progresses.

Keep Relationship Evidence Organised

The Subclass 309 and 100 pathway can require relationship evidence at different stages. Keep relevant records organised so updated information can be provided when required.

Do Not Rely Only on Earlier Evidence

Information used for the provisional stage may not fully reflect your circumstances later. The permanent stage can require updated relationship and personal information.

Report Changes Promptly

Tell Visa Route Migration promptly if relevant circumstances change during the matter. Changes may affect the information or evidence that needs to be considered.

Check Information Carefully

Applicants are expected to provide complete, truthful and accurate information. Review documents and application details carefully before they are relied upon or submitted.

Respond to Document Requests

Provide requested documents within relevant timeframes and cooperate with requests for additional information or evidence. Delays in supplying required material can affect how the matter progresses.

Match Support to Your Needs

Professional assistance does not have to follow one fixed format. Depending on your circumstances and agreed engagement, support may cover a particular stage, document or application review, or broader visa application assistance.

Prepare for Your Partner Visa Enquiry

Having a few key details ready can make the first discussion about your offshore Partner Visa matter clearer and more focused.

  • Your Current Circumstances

    Be ready to explain your present circumstances and the general nature of your migration enquiry.

  • Relevant Immigration History

    Note any immigration history that may be relevant to your Partner Visa matter.

  • What You Need Help With

    Identify the part of your 309/100 matter that you want professional assistance with.

  • Your Goals

    Consider what you want to understand, address or determine as your next step.

  • Questions or Concerns

    Make a note of any concerns or complicated circumstances you want to discuss.

  • Information Already Available

    Keep relevant supporting information or documents available if they are requested.

Not Sure This Is the Right Partner Visa Page?

This page focuses on the offshore Partner Visa 309/100 pathway. If you need to compare Partner Visa routes or are looking for the onshore pathway, use the options below.