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Pathway

Australia Partner Visa, Offshore

Australia Residency
Pathway overview

At a glance

If your spouse or qualifying unmarried partner is an Australian citizen, permanent resident, or eligible New Zealand citizen, you may apply for the Partner visa from outside Australia. The combined application covers temporary Subclass 309 and permanent Subclass 100. The permanent stage normally becomes ready for assessment two years after the original application.

Where to apply
Outside Australia, while meeting the application-location rules
Supporting partner
An eligible Australian citizen, permanent resident, or New Zealand citizen
Relationship
A genuine, continuing marriage or qualifying unmarried partnership; unmarried partners normally need twelve months together unless an exception applies

Summary

The Partner route for applicants outside Australia is a combined application for a temporary Partner (Provisional) visa (Subclass 309) and a permanent Partner (Migrant) visa (Subclass 100). It is for the spouse or de facto partner (a partner in a qualifying unmarried relationship) of an Australian citizen, Australian permanent resident or eligible New Zealand citizen who is outside Australia when applying.

Subclass 309 lets the applicant live in Australia while the permanent stage is pending. The applicant normally becomes eligible for Subclass 100 assessment 2 years after the original combined application—not 2 years after the 309 grant. Home Affairs may assess the permanent visa earlier in a qualifying long-term relationship or specified humanitarian-sponsor situation.

Applying for Partner visas 309 and 100
  1. Check the relationship, sponsor, and location rules Confirm the marriage or unmarried-partnership basis and any sponsorship limits.
  2. Submit the combined Partner application Provide records of shared finances, home life, social recognition, and commitment.
  3. Provide updated evidence for the permanent stage Normally from two years after the original application, or when Home Affairs directs.

Permanent residence is a separate decision. Relationship changes and family-violence situations have specific rules.

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Eligibility

The applicant and sponsor must be in a genuine and continuing spouse or de facto relationship, have a mutual commitment to a shared life as an exclusive couple, and live together or not live separately and apart permanently.

A marriage must be valid under Australian law. De facto partners usually must show at least 12 months in the de facto relationship immediately before applying. Time merely dating, visiting or communicating online may not count. The 12-month rule may not apply with a relationship registered under eligible Australian state or territory law, compelling and compassionate circumstances, or certain humanitarian-visa situations.

Evidence is assessed across the whole relationship, commonly including:

The sponsor must satisfy status and sponsorship rules. Limits can apply because of previous sponsorships, certain offenses, or the sponsor's own visa history. Applicant and relevant family members must meet identity, health and character requirements. Police certificates should follow Home Affairs' exact timing and type instructions.

The applicant must be outside Australia when submitting the 309/100 application. Home Affairs' current grant-location rules and any travel while waiting for a decision should be checked in the individual case rather than inferred from the word "offshore."

What This Route Allows

Subclass 309 allows temporary residence in Australia until the permanent application is decided or withdrawn, with work and study rights and potential Medicare enrollment. The visa permits travel while valid.

Subclass 100 gives permanent residence. It allows indefinite residence, work and study, Medicare access if eligible, permission to leave and return as a permanent resident for 5 years, possible sponsorship of eligible relatives, and later citizenship if the separate rules are met.

If a dependent child was not included before the 309 grant, the child may need a Subclass 445 visa and Form 1002 process to join the pending permanent application.

What This Route Is Not

Marriage, relationship registration or 12 months together does not guarantee a visa. Home Affairs assesses the entire relationship and the credibility of the evidence. Contradictions across addresses, finances, earlier applications and statements must be explained honestly.

The 309 is not permanent residence, and the 100 is not automatic at a fixed anniversary. Two years creates eligibility for assessment; Home Affairs still needs updated relationship, health and character evidence and must make a decision.

A relationship ending does not always end the case. Special rules may preserve eligibility where the sponsor died, there is a child of the relationship, or family violence occurred. A person facing abuse should use the official family-violence process and seek safe, qualified help rather than withdrawing automatically.

Next Steps

  1. Confirm the applicant is applying from outside Australia and the sponsor has qualifying status.
  2. Identify whether the relationship is a valid marriage, a qualifying registered relationship, or a de facto relationship meeting the usual 12-month rule or an exception.
  3. Build a dated relationship history and evidence across finances, household, social recognition and commitment.
  4. Check the sponsor's prior sponsorships, relevant convictions and immigration history.
  5. Submit the combined 309/100 application through ImmiAccount and keep copies of every statement and attachment.
  6. Keep relationship, address, passport, travel and information about who is included in the family updated while pending.
  7. When 2 years have passed from the original application—or when Home Affairs directs—complete the permanent-stage information in ImmiAccount.
  8. If a child needs to be added after the 309 grant, use the Subclass 445 and Form 1002 process before the 100 is decided.

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Other routes in Australia.

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