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Partner Migration Offshore: 309 & 100

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!

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    Partner Visa Australia 309

    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:

    • Stay, live, work, and study in Australia indefinitely
    • Explore and travel to Australia without restrictions while your visa is valid
    • If eligible, Attend English classes for free
    • Be granted access to the country’s healthcare program, Medicare
    • Bring your other family members to Australia

    Common Criteria for Temporary Visa Subclass 309

    To qualify for partner visa subclass 309, you must meet the following requirements:

    • You must be offshore or outside Australia at the time of application.
    • You and your partner must both be at least 18 years old at the time of application.
    • Your Australian partner must sponsor you.
    • You must be in a genuine and continuing relationship with your de facto Australian partner or spouse.
    • You must pass health and character checks.
    • You must have no debt owed to the AU government.
    • You must adhere to Australian laws and sign its values statement.
    • Your application must be for the protection and best interests of your child.

    Partner Visa Subclass 100

    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.

    Partner Visa 100 Checklist of Requirements

    • Hold a temporary Partner visa (subclass 309)
    • Proof of a genuine and loving relationship
    • Meet health and character requirements
    • Have complied with Australian laws

    Relationship Requirements for Partner 309 Visa

    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.

    For Married Applicants

    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.

    • Your marriage should be recognised as valid under Australian laws
    • You must demonstrate mutual commitment with your partner
    • You must prove that your relationship is authentic and continuing
    • You must either be living together or be apart but not permanently
    • You must by no means be related by family

    For De Facto Partner Applicants

    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 and your partner are not married.
    • You must demonstrate mutual commitment with your partner.
    • You must prove that your relationship is authentic and continuing.
    • You must either be residing together or not be permanently apart.
    • You must by no means be related by blood.
    • You must be in a serious relationship for a minimum of 12 months.

    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:

    • If your de facto partner currently holds or has held a permanent humanitarian visa;
    • You’re already in a de facto relationship even before the humanitarian visa grant;
    • Your de facto partner informed the Department about your relationship when applying for said visa.

    Finally, the 12-month relationship length will not apply if:

    • You’re in a de facto and genuine relationship with someone applying for a permanent humanitarian visa
    • Your relationship is officially registered with an Australian State or Territory authority, like the registry of births, deaths, and marriages.

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    Supporting Evidence Requirements

    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:

    Relationship Evidence

    • Joint bank account statements
    • Lease or mortgage agreements with both names
    • Travel photos together over time
    • Call logs, chat history, and emails showing regular communication

    Cultural & Social Evidence

    • Statutory declarations from friends and family confirming our relationship
    • Invitations to events as a couple
    • Proof of joint memberships (gym, clubs, insurance)

    Financial Evidence

    • Shared bills or expenses (utilities, groceries, rent)
    • Joint loan agreements or liabilities
    • Receipts for shared purchases

    Application Process for Australian Partner Visa 309

    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.

    Check Eligibility

    • Must have a genuine and ongoing relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen.
    • Your partner is willing to sponsor us for the visa.
    • Must meet the relationship length requirements (especially for direct permanent residency eligibility).

    Gather Required Documents

    • Joint bank statements, lease agreements, photos, and communication logs.
    • Shared expenses, joint liabilities.
    • Passports, birth certificates.
    • Statements from family or friends confirming our relationship.

    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.

    Partner Visa Subclass 309 vs Subclass 820 Comparison

    Choosing between an offshore and an onshore partner visa depends on your current location, travel flexibility, and previous immigration history.

    FeatureSubclass 309 / 100 (Offshore Partner Visa)Subclass 820 / 801 (Onshore Partner Visa)
    Applicant Location at LodgementOutside AustraliaInside Australia
    Location at DecisionCan 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 ImpactNot 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 RightsOnce granted, provides unrestricted work and study rights in Australia.Full work and study rights become active once your Bridging Visa comes into effect.
    Medicare EligibilityEligible for Medicare upon visa grant and arrival in Australia.Eligible to enrol in Medicare immediately after lodging a valid 820 application.
    Permanent Residency (PR) StageStage 2: Subclass 100 Permanent Visa (assessed ~2 years after initial lodgement).Stage 2: Subclass 801 Permanent Visa (assessed ~2 years after initial lodgement).

    The 4 Pillars of Partner Visa Evidence (Subclass 309 & 100)

    Under Regulation 1.15A of the Migration Regulations 1994, the Department assesses whether your relationship is genuine and continuing across four legal pillars:

    • Financial Aspects: Joint bank accounts with regular daily transactions, shared leases or mortgages, joint utility bills, and mutual beneficiary nominations on superannuation or wills.
    • Nature of the Household: Shared residential tenancy agreements, mail sent to the same address, documented division of domestic chores, and shared responsibility for any children.
    • Social Aspects: Statutory declarations (Form 888) from family and friends, joint holiday bookings, travel tickets, joint event invitations, and dated photos together.
    • Nature of Commitment: Personal statements covering your relationship history, continuous communication logs (calls and chat messages) during separation, and evidence of long-term joint plans.

    Offshore Partner Visa 309 Processing Time & Cost

    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.

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    Success Stories of 500+ Highly Rated Reviews


    Our customers are always happy to share their thoughts with us.
    Here is what some of them had said!

    Haroon Parvez

    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 .

    W. A.

    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!

    J P

    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.

    Alaa Omer

    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.

    Jabir Ibna Mohammad

    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.

    Have a Streamlined 309 Offshore Partner Visa Application With Parish Patience


    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 (FAQs)


      Have other questions about this type of visa? We gathered and answered some of the most
      frequently asked questions below.

      Who is eligible for visa 309?

      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.

      Can I apply for both subclass 309 and 100?

      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.

      What happens after partner visa 309 is granted?

      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

      What is the difference between partner visa 309 and 820?

      Both are partner visa types, but subclass 820 is for onshore applicants while the subclass 309 is for offshore applications.

      What evidence is needed for 309 visa?

      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.

      Parish Patience Immigration Lawyers Sydney
      Parish Patience Immigration Lawyers Sydney
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      Kumar Venkatasubramanian
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      Our process was a little complicated. But we got the right advice from Shan through the 2 years the process was on before we successfully completed it recently.
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      I received my PR after 2 years and a few months, and I am very thankful to the whole team. The process required a lot of patience, but they supported me throughout every step. Shan Sir is an excellent lawyer, and Usman helped me a lot during my case. They always provided professional service, answered my questions, and guided me whenever I needed help. Thank you to everyone at Parish Patience Immigration Lawyers for your hard work and support. I truly appreciate everything you have done for me and would highly recommend your services.
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      I trusted Parish Patience with my migration and skills assessment process and unfortunately had a very disappointing experience. Initially, I was advised by Mr Golam and Upasana to proceed with my Subclass 485 pathway. Based on their advice, I paid for skills assessment and also completed a PTE exam. However, I later found out that an important requirement for my VETASSESS application — having at least one year of relevant post-qualification work experience — had not been clearly explained to me before lodging the application. My application was submitted using work experience from before my studies and the outcome was negative. After that, I was advised that applying through Engineers Australia using the CDR pathway would be easier and would give me a better chance of receiving a positive skills assessment outcome. I followed their advice again, paid additional fees, but unfortunately received another negative outcome. During this process, two separate Subclass 485 visa applications were lodged and later withdrawn. I experienced significant financial loss through application fees, assessments, and English testing costs. I was fortunate that I still held a valid student visa, which made it possible to withdraw the applications without further complications. From my personal experience, I felt the communication, assessment of eligibility, and overall service quality were poor. I also did not receive any compensation or satisfactory resolution for the losses I experienced. I hope future clients receive clearer advice about eligibility requirements and possible risks before committing financially.
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      Yes, if Gabriel Mackenzie, Diana Tong, and Connie Lai all worked on your case, it’s a nice touch to mention them by name: ⭐⭐⭐⭐⭐ I would like to sincerely thank Gabriel Mackenzie, Diana Tong, Connie Lai, and the entire team at Parish Patience Legal & Migration Services for their outstanding support throughout my visa journey. Their professionalism, knowledge, and dedication were exceptional from start to finish. They kept me informed throughout the process, answered my questions promptly, and provided clear guidance every step of the way. Thanks to their hard work and expertise, I successfully obtained my Subclass Permanent Residency visa. The team genuinely cared about achieving the best outcome for my case and made what could have been a stressful process much easier to manage. I highly recommend Parish Patience Legal & Migration Services to anyone seeking trustworthy and professional migration assistance. Thank you again for helping me achieve such an important milestone in my life.
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      I cannot thank Shan and his entire team Devika Veluchamy, usman ali,enough for the incredible work they did on my protection visa case. After a long and stressful journey, my protection visa has finally been approved, and I truly believe this would not have been possible without their hard work, professionalism, dedication, and support throughout the entire process. Shan handled my case with great care, honesty, and deep knowledge of immigration law. He was always professional, patient, and genuinely supportive during one of the most difficult times of my life. His assistants and the whole team were also extremely kind, responsive, and helpful whenever I had questions or needed assistance. I highly recommend Shan and his entire team to anyone dealing with immigration or protection visa matters. Thank you again for everything you have done for me and my future. I will always be grateful. — Abbas Khan
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      I had a very positive experience with Parish Patience Immigration Lawyers. Their team was professional, knowledgeable, and supportive throughout the entire immigration process. They explained every step clearly, answered my questions patiently, and always kept me updated on my case progress. Specially Shaan he is the best !!!! Very professional and always willing to listen and guide us through What stood out the most was their attention to detail and genuine care for their clients. Immigration matters can be stressful, but they made the process much smoother and gave me confidence from start to finish. I truly appreciate their hard work, honesty, and dedication. I would highly recommend Parish Patience Immigration Lawyers to anyone looking for reliable and experienced immigration assistance.
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      SC191 Experience with Parish Patience: I recent processed my sc191 application through parish patience and the experience was great. My lawer, Usman Ali, assisted me in each step of the application and kept me informed throughout the process and always responded promtly to my enquires. I would highly recommend Parish Patience to those, who are seeking a reliable agency for their visa or PR application. SC491 Experience with Parish Patience: Parish Patience has been tremendous help for me and my partner's visa application. The lawer and the agent that I have worked with are extremely profession and provides genuine advice. They understand client's inquiry and response promptly. They provide clear step by step instruction, and maintain transparent communication throughout the process.