Partner visa (subclasses 309 and 100) — eligibility, costs & how to apply

What is the subclass 309/100?

The offshore Partner visa (subclasses 309 and 100) is for the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen who applies from outside Australia. The 309 is the temporary stage and the 100 is the permanent stage.

As with the onshore pathway, the case turns on your relationship evidence — but the offshore process also raises timing and travel questions, since the 309 is usually granted while you are overseas. Planning the sequence properly avoids costly missteps.

Eligibility for the subclass 309/100

To be eligible for the subclass 309/100, you generally need to meet the following:

• You are the married or de facto partner of an eligible sponsor
• Your sponsor is an Australian citizen, permanent resident or eligible New Zealand citizen
• You can demonstrate a genuine and continuing relationship
• For de facto couples, usually 12 months of cohabitation or a registered relationship
• You are outside Australia when the 309 is decided
• Health and character requirements met

How to apply for the subclass 309/100

1. Confirm your sponsor is eligible to sponsor you
2. Gather relationship evidence across the four assessment pillars
3. Lodge the combined 309/100 application from outside Australia
4. Receive the temporary 309 and travel to Australia; the permanent 100 is assessed later

Processing time and cost of the subclass 309/100

Offshore partner applications can take a considerable time and depend heavily on the quality of your relationship evidence. There is a single (substantial) visa application charge covering both stages. Because the 309 is generally granted while you are overseas, timing and travel need planning. A registered migration agent can manage the sequence and strengthen your evidence.

Subclass 309/100 vs 820/801 — offshore vs onshore partner visas

The 309/100 is lodged while you are outside Australia; the 820/801 is the onshore equivalent that usually gives work rights while it is decided. Your location at the time of application is the deciding factor — and switching pathways mid-stream is not simple, so get it right at the start.

Common subclass 309/100 mistakes to avoid

Many of these matters come down to avoidable mistakes. The most common issues include:

• Thin or inconsistent relationship evidence
• A sponsor who is not eligible, or sponsorship limits
• Timing or location errors in how the application is lodged
• Character or health issues not addressed up front

Do you need a migration agent for the subclass 309/100?

Using a registered migration agent is not compulsory, but the subclass 309/100 is detail-heavy and a single mistake, missing document or late response can lead to delay or refusal — and a refusal can affect future applications. A registered migration agent confirms your eligibility before you spend money, prepares your evidence, lodges your application correctly and manages any requests from the Department of Home Affairs on your behalf. Through Immigration Expert you can be matched with up to three OMARA-registered agents who handle the subclass 309/100 every day, compare their advice, and choose who to work with — free and with no obligation.