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If you are a de facto partner or in a committed and serious relationship with an Aus citizen, permanent resident, or eligible New Zealander, Getting a Partner Migration Offshore 309 and 100 can be your gateway to living together in Australia with your eligible Australian or New Zealand partner. It will be your first step toward permanent residency. You can also gain full work and study rights in Australia and access healthcare and social benefits once permanent residency is granted. Consult with a Parish Patience immigration specialist today!
If you have an Australian de facto spouse and want to be with your partner in Australia, you can apply for a subclass 309 partner visa offshore as your major first step to becoming a permanent Australian resident. The offshore partner visa 309 allows you to live in Australia temporarily while your permanent visa is processed.
A partner visa subclass 309 allows you to:
To qualify for partner visa subclass 309, you must meet the following requirements:
After holding the 309 visa for at least two years, you can become eligible for the Subclass 100 Partner (Migrant) visa, granting you permanent residency in Australia. You don’t need to submit a separate application—your 309 visa application already covers both stages.
One of the most important eligibility requirements for this visa is proving you are in a genuine and serious relationship with your partner or spouse. You can be either married already or plan to in the future.
You can get a 408 visa in Australia if you are a professional sports player, coach, or instructor for an Australian team. You can also participate in structured training programs locally and internationally with this visa.
You can get a 408 visa in Australia if you are a professional sports player, coach, or instructor for an Australian team. You can also participate in structured training programs locally and internationally with this visa.
However, it’s essential to note that the time you were dating or in an online relationship will not count. Meanwhile, you can bypass the 12-month relationship requirement If you can provide exceptional circumstances or compelling reasons that will convince the Department that you must be granted a provisional partner visa 309.
The 12-month relationship condition is also not applicable for the following circumstances:
Finally, the 12-month relationship length will not apply if:
Talk to one of our Visa Experts Now.
When applying for a partner visa 309, you should provide strong evidence that your relationship is genuine and committed. More proof means smoother the process! Here’s what we should include in our offshore partner visa 309 checklist:
There are two things you must bear in mind when applying for a partner provisional visa subclass 309: lodgement must be done online and offshore (outside Australia). But you can be both onshore and offshore once a visa decision has been made.
You can also apply for both temporary (subclass 309) and permanent (subclass 100) visas at the same time. You will first be assessed for the temporary partner visa and, two years after your 309 visa grant, you will be evaluated for the permanent partner visa. By then, you must remain in a committed and continuing relationship with your de facto partner.
If you have been in a long-term relationship with your Australian partner for three (3) years, or two (2) years if you have a dependent child, chances are high that you will be granted both visas during your combined application and become a permanent Australian resident.
Then, create an ImmiAccount on the Department of Home Affairs website and submit applications online, upload documents, and track progress. You must also pass health examinations and provide police clearance certificates from any country you’ve lived in for at least 12 months in the last 10 years.
Visa processing times can vary, but the Department of Home Affairs provides an estimate based on recent applications. If you applied for the offshore partner visa 309 checklist, we can help you check the processing time guide.
Choosing between an offshore and an onshore partner visa depends on your current location, travel flexibility, and previous immigration history.
| Feature | Subclass 309 / 100 (Offshore Partner Visa) | Subclass 820 / 801 (Onshore Partner Visa) |
| Applicant Location at Lodgement | Outside Australia | Inside Australia |
| Location at Decision | Can be in or outside Australia (due to concession updates) | Can be in or outside Australia |
| Bridging Visa Included? | No. You cannot hold an Australian Bridging Visa while outside the country. | Yes. A Bridging Visa A (BVA) is granted to maintain lawful status during processing. |
| Section 48 Bar Impact | Not affected. You can lodge a 309 visa from offshore even if you were previously refused a visa in Australia. | Subject to Section 48 Bar. If you had a visa refused or cancelled while in Australia, you generally cannot lodge an 820 onshore. |
| Work & Study Rights | Once granted, provides unrestricted work and study rights in Australia. | Full work and study rights become active once your Bridging Visa comes into effect. |
| Medicare Eligibility | Eligible for Medicare upon visa grant and arrival in Australia. | Eligible to enrol in Medicare immediately after lodging a valid 820 application. |
| Permanent Residency (PR) Stage | Stage 2: Subclass 100 Permanent Visa (assessed ~2 years after initial lodgement). | Stage 2: Subclass 801 Permanent Visa (assessed ~2 years after initial lodgement). |
Under Regulation 1.15A of the Migration Regulations 1994, the Department assesses whether your relationship is genuine and continuing across four legal pillars:
Current processing times for the Partner Visa (subclass 309) are as follows: 50% of applications are finalised within 17 months, and 90% within 25 months, based on October 2025 Department of Home Affairs data. Processing times can vary significantly depending on case complexity, the quality of evidence submitted, and whether an interview is required.
For the main applicant, the estimated application cost is AUD 9,365 (covers both visas). For the additional adult applicants over 18, the fee is AUD 4,685, and for the child who is below 18, the fee is AUD $2,345. Note that you may also pay for other fees for health examinations, character checks, and other requirements relevant to your application.
To reiterate, these processing times and costs are just approximations. Processing your application may take even longer if there is a high volume of applicants or if you submit missing or incorrect information. Costs are also subject to change at any time without prior notice.
For the most up-to-date information, visit the official website of the Department of Home Affairs or contact a visa professional from Parish Patience for proper recommendations.
Our customers are always happy to share their thoughts with us.
Here is what some of them have said!
The team at parish Patience Immigration Lawyers were incredibly helpful throughout the application process. Their assistance made our lives so much less stressful and their expertise cleared up any confusion we had. They remained engaged with us the whole time and quickly responded to any questions with thoughtful, detailed answers. Special thanks to Usman Ali and Shan . We highly recommend the team at Parish patience immigration lawyer for anyone considering help regarding any kind of visa .
Highly recommended lawyers! Extremely professional and reliable service, with outstanding outcomes. A special thanks to Mr Thong and Marlene, for helping us with our difficult case. Not only did they ensure that everything was ready to go, but their professionalism came in favor when we were granted our visa within just under 6 months!
Thong and Marlene helped my partner gain permanent residency in Australia. We did the application ourselves but it turned out lots of information we needed to provide was missing. Thong and Marlene picked our case up and helped amend it. I really appreciate their help and guidance and look forward to contacting them again in the future. I am pleased by their efforts and professionalism.
Successfully handled my case. He had been prompt, caring and very professional in dealing with my case. I am glad to have received very strong support, guidance and service from them. I would highly recommend Parish patience immigration lawyers. I wish the best for their future prospects.
I’m really thankful for the guidance and assistance I’ve received regarding my Partner visa from Shan and his assistance Asha at Parish Patience. They handled my matter professionally and there were clear instructions from the beginning till end. I got my partner visa 820 granted in less than 7 months, thanks to their knowledge and expertise. I wish them all the best and highly recommend Parish Patience Immigration Lawyers for any sort of immigration matters.
The processing of visas regardless of type can feel a bit too much to handle without a professional’s help. Ensure the success of your partner visa 309 with excellent assistance from migration specialists at Parish Patience. With decades of combined experience in all areas of Australian immigration law, you can have full peace of mind that your visa will be granted as soon as possible and without unnecessary delays.
The first step is calling us for an appointment. We want to get to know you, your case, and your overall eligibility. Get in touch with us today and receive professional visa advice and assistance from one of our award-winning lawyers and registered migration specialists!
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frequently asked questions below.
You are qualified to apply for and be granted an Australian partner visa subclass 309 if you are in a serious de facto relationship with an Australian partner who’s also your sponsor. You must at least be together for 12 months or longer. Application must be lodged online and offshore.
You can lodge a combined application for both temporary (subclass 309) and permanent (subclass 100) visas. You can also be granted both visas if you have been in a long-term de facto relationship (at least 3 years, or 2 years if you have a child together) with your Australian partner, and provided you satisfy all other eligibility requirements.
You are officially a holder of a partner provisional visa 309 and wait to have your permanent partner visa processed after 2 years. Your subclass 309 visa will be valid until the Department releases a decision on the second stage of your partner visa application, which is for the permanent partner visa subclass 100.
Both are partner visa types, but subclass 820 is for onshore applicants while the subclass 309 is for offshore applications.
Proving the genuineness and meeting the minimum length of your relationship (at least 12 months) are key partner visa 309 requirements. You must submit ALL documents that you think will support your application and convince the Department that both you and your Australian partner are, as a matter of fact, in a serious relationship.
