Partner Visas (309 and 100) -

Apply overseas

If you are outside Australia and in a genuine and ongoing relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, the offshore Partner visa (subclasses 309 and 100) is the pathway for you. It is a two-stage visa, and the second stage gives you permanent residency.

Who needs this visa?

This visa is for overseas applicants who are in a married or de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, and who are applying from outside Australia.

• Applicants who are applying while outside Australia need to apply for the Offshore Partner visa (subclasses 309 and 100).
• Applicants who are applying while in Australia need to apply for the Onshore Partner visa (subclasses 820 and 801) instead.

Both second-stage visas are permanent residency visas which let applicants stay permanently in Australia and apply for Australian citizenship in the future.

How the offshore Partner visa works

The offshore Partner visa is a two-stage visa:

• Stage 1 — Partner (Provisional) visa (subclass 309): a temporary visa for applicants outside Australia.
• Stage 2 — Partner (Migrant) visa (subclass 100): the permanent visa.

You generally become eligible for the permanent stage two years after you apply for the first stage, provided your relationship is genuine and ongoing at that time.

Both the provisional and the permanent Partner visa allow you to work and study in Australia, and you are eligible for Medicare once you are in Australia.

What are the application requirements for an Australia Partner Visa?

The partner visa application is subject to two main requirements:

1. You are in a relationship with an Australian citizen, permanent resident or eligible New Zealand citizen, and you are being sponsored by your partner.
2. The relationship you have is genuine and ongoing.

Your sponsor must provide evidence which shows that he or she is an Australian citizen, permanent resident or eligible New Zealand citizen.

You must also meet the other requirements for the visa, including health and character requirements. This typically involves providing police clearance certificates and undergoing medical examinations, if required.

There are also limitations on sponsors — for example, sponsors are generally barred from sponsoring more than one partner within a five-year period. Contact us to talk through your circumstances.

Relationship evidence

You need to show evidence of your relationship, explained below:

Married relationship

You need to provide a legal marriage certificate or registration from Australia or another country. The marriage document needs to be authentic and legally valid.

De facto relationship

A de facto relationship means that you have been in a mutually exclusive relationship with your partner for at least 12 months before you apply for the partner visa in or outside Australia. Essentially this means you and your partner have been living like a legally married couple, but have not obtained any legal marriage registration or documentation.

More details about a de facto relationship include:

• Not legally married but committed to a shared life to the exclusion of all others.
• Must prove that your relationship is genuine and continuing (Talk to us to know how to prove your genuineness >).
• You must have been living together for at least 12 months immediately before applying for the visa 309 or 820 subclass.
• Time spent on dating or an online relationship does not count as being in a de facto relationship.

You will need to provide sufficient evidence to demonstrate that a de facto relationship exists between you and your partner. You may be exempted from proving a de facto relationship of 12 months or more if you meet certain exemption requirements, for example if there is a child of the relationship.

Same-sex couples

Same-sex couples will need to demonstrate their relationship based on a married or de facto relationship. It may be difficult to obtain documents to demonstrate a same-sex relationship, and there is a need to be resourceful to know where and how you can obtain documents and information that will be supportive of your application.

Work Visa Lawyers has experience in managing same-sex de facto partner applications and representing same-sex couples in their bid to reunite or remain in Australia.

Speak to the Registered Migration Agents and Immigration Lawyers at Work Visa Lawyers to find out how we can help >

Visa application fees

The current Department of Home Affairs application fees (as of 2025-26) are:

Note: You must also budget for health examinations, police checks, and biometrics (if needed).

What is the application process for Partner Visa Australia?

1. Arrange an appointment with Work Visa Lawyers to determine your eligibility to apply for an Australian partner visa.
2. A detailed assessment is provided and advice is given to proceed with a partner application, or wait for more evidence to be available before proceeding.
3. You will need to gather documents and information as advised and suggested to create a substantially solid application.
4. Submit the partner visa application online through ImmiAccount.
5. Wait for processing to be done, and ensure your relationship is ongoing.
6. Once you are granted the permanent stage (subclass 100), you become an Australian permanent resident.

What is the processing time for Partner Visa Australia?

Processing times vary depending on the subclass and the specific circumstances of each application. As of January 2026:

• Offshore temporary Partner visa (subclass 309): 50% of applications are processed within 14 months, and 90% within 24 months (up to 2 years).
• Offshore permanent Partner visa (subclass 100): 50% of applications are processed within 10 months, and 90% within 21 months.

These are guidelines only and may change. You can check the Department’s current global visa processing times on the Department of Home Affairs website.

Proof of a genuine and continuing relationship to apply for an Australia Partner Visa

Especially de facto partners who do not share as much responsibility as other married couples normally have, they still have to show some commitment to each other. The Australia Department of Home Affairs has standard criteria to assess the genuineness and continuity of the relationship before it grants a partner visa.

There are a few core factors to prove your genuine and continuing relationship, with as many of the following factors satisfied as possible:

• Financial responsibilities and aspects of the relationship (home loan, joint property or ownership or rental, joint and active bank accounts with real transactions).
• Household responsibilities such as mail and emails, bills and utilities, living arrangements.
• Social responsibilities such as going out together with friends and acquaintances, joint travel or events.

The Department also considers the level of commitment between the couple, including the duration of the relationship, how long you have lived together, the support you provide to each other, and your future plans.

Family Violence Provisions

If you have applied for a partner visa but your relationship has ended due to family violence, do not withdraw your application immediately. You may still be eligible for permanent residency under the Family Violence Provisions. Please contact Work Visa Lawyers for urgent, confidential advice.

How can Work Visa Lawyers help?

A partner visa application is more subjective when compared to a General Skilled Migration visa. It is up to the applicant to provide as many documents and information as possible to support the claims of a genuine and ongoing relationship.

As the situation for each person and couple is different, the Registered Migration Agents at Work Visa Lawyers can provide migration advice that is specific and relevant to your circumstances. This is possible because we have the best migration lawyers and migration agents in Adelaide and South Australia, who have a wealth of experience in managing partner visa applications for applicants with various backgrounds.

We are also mindful of the confidentiality and how personal it can be for you and your partner to disclose information about your relationship to us and the Department. We seek to understand your concerns and help to address or explain some of the requirements to you to reduce the stress on the relationship when applying for the partner visa.

Work Visa Lawyers has also worked with clients from a LGBTQIA+ background and is proud to assist with the visa application for partners in a genuine relationship, regardless of sexual orientation.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your Australian visa or appeal.

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

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FAQ: Offshore Partner Visa (309 and 100)

Can I apply for the offshore partner visa if I am already in Australia?

The offshore Partner visa is for applicants who are outside Australia when they apply. If you are in Australia, the onshore Partner visa (subclasses 820 and 801) is usually the correct pathway. Get advice if you are unsure which applies to you.

Do we need to be married to apply?

No. You can apply on the basis of a married or a de facto relationship. For a de facto relationship, you generally need to show that you have been living together for at least 12 months immediately before you apply, unless an exemption applies.

Can same-sex couples apply for the offshore partner visa?

Yes. Same-sex couples apply for the same Partner visas and must demonstrate their relationship based on marriage or being de facto. Work Visa Lawyers has significant experience representing same-sex couples.

What evidence do we need to provide?

The Department assesses your relationship against four main areas: your mutual commitment, the financial aspects of the relationship, the nature of your household, and the social aspects of the relationship. Providing evidence across all four areas gives your application the best chance.

Can I travel to Australia while my offshore partner visa is being processed?

If you are granted the temporary Partner visa (subclass 309), you can travel to and from Australia while the permanent stage is being processed. Contact us to confirm how the travel arrangements apply to your circumstances.

What happens if my relationship ends before the permanent stage is granted?

If your relationship has ended due to family violence, do not withdraw your application immediately. You may still be eligible for permanent residency under the Family Violence Provisions. Please contact us for urgent, confidential advice.

Disclaimer: This information is general only and does not take into account your personal situation. Australian migration rules, visa fees and processing times can change quickly. You should get advice from a registered migration agent or immigration lawyer before making a visa decision.

Reference list

• Offshore Partner visa (subclasses 309 and 100) — Department of Home Affairs visa listing
• Global visa processing times — Department of Home Affairs
• Everything You Need to Know About the Australian Partner Visa
• How to apply for an onshore and offshore Partner Visa in 2026