Offshore Partner Visa

Offshore Partner & Spouse Visa Subclasses 309/100

These visas are for the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen

Heterosexual and same-sex couples may apply for an Australian partner visa.

Partner visas are granted in two stages. The first is a two year provisional visa. After this period, couples are reassessed against the criteria of the permanent visa.

Depending on whether the applicant is inside or outside Australia at the time of application will determine which visa they are eligible to apply for.

With this visa, you can:

  • Live, work, and study in Australia while your permanent Partner visa is being processed
  • Travel to and from Australia as often as you wish
  • Attend free English language classes offered by the Adult Migrant English Program, if eligible
  • Apply for access to Australia’s public healthcare scheme, Medicare

To apply for this visa, you must:

  • Be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, permanent resident, or eligible New Zealand citizen
  • Have your spouse or de facto partner sponsor you
  • Be outside Australia when you apply for this visa, and any family members applying with you must also be outside Australia
  • Be in or outside Australia when we make a decision on your temporary visa application.

Include family members

You can include members of your family unit in your application:

  • When you submit your visa application, or
  • By adding a dependent child after you submit your application but before we make a decision on your temporary visa.

Family members applying with you must:

  • Be members of the family unit
  • Meet our health requirements
  • Meet our character requirements
  • Be outside Australia at the time of application.

Additionally, family members who are not coming to Australia may also need to meet our health and character requirements.

Apply for this visa

You must be outside Australia when you apply for this visa, and any family members applying with you must also be outside Australia.

Your obligations

You and your family members must meet all visa conditions and comply with Australian laws.

For details on the specific conditions that may be attached to this visa, please refer to our visa conditions page.

If you are outside Australia at the time your visa is granted, you must enter Australia before the first entry arrival date specified in your grant letter.

Adequate health insurance

Depending on your circumstances, you may be eligible to access Australia’s public health care system, Medicare, while awaiting a decision on your visa application. For more information, visit the Medicare website.

If you are not eligible for Medicare, we recommend obtaining health insurance to cover any unexpected medical treatment you might need in Australia. Otherwise, you will be personally responsible for all your healthcare costs while in Australia. Insurance can help limit your financial liability. For further details, see our guidelines on adequate health insurance.

Learn more about health insurance for overseas visitors.

Reciprocal Healthcare Agreements
Some countries have reciprocal healthcare agreements with Australia. To find out more, visit Services Australia regarding these agreements.

Private Health Insurance
You can obtain Australian residents’ private health insurance if you have:

  • An interim (blue) Medicare card, or
  • A full (green) Medicare card.

Travel

You can travel to and from Australia as often as you like while holding this visa.

If you are outside Australia when your visa is granted, you must enter Australia before the first entry arrival date specified in your grant letter.

 

Partner Visas are processed in two stages

Provisional Partner Visa

The provisional partner and spouse visa (Subclass 309) is granted for an indefinite period (until superseded by the permanent partner/spouse visa) and are conditional that the relationship of the applicants meets the criteria of the permanent visa.

Permanent Partner Visa

After the two year waiting period of the Provisional Partner Visa, the Department of Immigration will assess applicants against the Permanent Partner Visa criteria.

Applicants must be able to prove they are still in a relationship with their partner or spouse.

Once approved, the Permanent De Facto Partner or Spouse Visa is unconditional and the visa holder may live in Australia indefinitely whether or not the relationship continues.

To be eligible for this visa you must:

  • Not have had a visa canceled or an application refused
  • Be outside Australia when you apply
  • Have a sponsor
  • Meet the age requirements
  • Fulfill relationship requirements
  • Meet our health requirements
  • Meet our character requirements
  • Have no outstanding debts to the Australian Government
  • Sign the Australian Values Statement
  • Consider the best interests of the child.

Not had a visa cancelled or an application refused

We will review your immigration history when making a decision on your application, which means you may not be eligible for this visa if you have had a visa canceled or an application refused.

However, in some circumstances, you may still be able to apply for a permanent visa even if you have faced a cancellation or refusal.

Be outside Australia when you apply

You must be outside Australia when you apply for this visa, and any family members applying with you must also be outside Australia.

Have a sponsor

You and anyone applying for the visa with you must have a sponsor at the time you submit your application and while you are on this visa.

Your sponsor is typically your partner.

We must approve your sponsor.

You cannot change your sponsor; the person who sponsors you at the time of your application must be the same person who sponsors you for two years after we grant your temporary partner visa (subclass 309).

Your sponsor should submit their sponsorship application as soon as you lodge your visa application.

Be the right age

Married applicants must generally be 18 years or older at the time of application, as Australian law typically requires individuals to be at least 18 to marry.

Applicants in de facto relationships must also be 18 years or older when applying.

Meet relationship requirements

In most cases, you must be the spouse or de facto partner of an:

  • Australian citizen
  • Australian permanent resident, or
  • eligible New Zealand citizen

This requirement applies at the time of your application and while your application is being processed. Your relationship can be with someone of the same or different sex.

If you are experiencing domestic or family violence, we may be able to assist you. You can apply for consideration for both temporary and permanent visas under these circumstances. For more information, see the Family Violence Provisions.

Married Applicants
You are considered a married applicant if your marriage is valid under Australian law and you meet the following criteria:

  • You have a mutual commitment to your spouse, excluding all others.
  • Your relationship is genuine and ongoing.
  • You either live together or do not live permanently apart.
  • You are not related by family.

To determine if your marriage is valid under Australian law, contact the relevant state or territory agency for births, deaths, and marriages.

De Facto Partners
To be recognized as a de facto partner, you must be in a de facto relationship. You and your partner are considered to be in a de facto relationship if:

  • You are not married to each other.
  • You have a mutual commitment to your partner, excluding all others.
  • Your relationship is genuine and ongoing.
  • You either live together or do not live permanently apart.
  • You are not related by family.

Typically, you must be in your de facto relationship for at least 12 months immediately before applying for this visa. Time spent dating or in an online relationship may not count toward this duration.

The 12-month requirement may be waived if you can demonstrate compelling and compassionate circumstances that justify granting the provisional Partner visa (subclass 309).

Additionally, the 12-month requirement will not apply if:

  • Your de facto partner holds or held a permanent humanitarian visa, and your relationship existed before their visa was granted, and they disclosed the relationship to us prior to visa approval.
  • You are in a de facto relationship with a partner who is applying for a permanent humanitarian visa.
  • You have registered your relationship with an Australian State or Territory authority, such as a registry of births, deaths, and marriages.

Health requirement

You and any family members applying for the visa with you must meet our health requirement. We may also request health information for family members who are not coming to Australia with you.

Character requirement

You and any family members aged 16 and over who are applying for the visa with you must meet our character requirement. We may also request character information for family members who are not accompanying you to Australia.

Have no debt to the Australian government

If you or any family members owe money to the Australian Government, you or they must either pay it back or arrange to do so. This requirement also applies to family members who are not coming to Australia with you.

 

 

How long will it take to get a decision on your visa?

100 – Partner (Migrant) visa (subclass 100):
50% of visas are processed within 10 months
90% of visas are processed within 21 months

Processing time for subclass 801 Partner (permanent) visa and 100 Partner (permanent) visa is from date of eligibility (2 years after the 820/801 or 309/100 application is lodged) to finalisation.

309 – Partner (Provisional) (subclass 309):
50% of visas are processed within 14 months
90% of visas are processed within 24 months

Processing Times Updated 1 November 2025

Need more information or have questions about your Partner visa?

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Get a quote

Applicants applying for an onshore Partner Visa while holding a Subclass 300 Prospective Marriage Visa in be eligible for a lower Visa Application Charge. Get a quote today.

Book a consultation

Here at Australian Skilled Migration, our team of Registered Migration Agents are dedicated to helping reunite you with your partner and family. Book consultation to discuss your visa application.

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