03/06/2025
If you are in a committed relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen and wish to live together in Australia, the partner visa 309 is the first step toward your dream. This visa allows offshore applicants to enter and stay in Australia while they transition to permanent residency.
The Offshore Partner Visa 309 is a temporary visa that allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to live in Australia. It is the first stage of a two-step process toward obtaining permanent residency through the Partner Visa (Subclass 100).
This visa is designed for applicants who are outside Australia at the time of application and when the decision is made. It enables them to join their partner in Australia while waiting for their permanent visa approval.
Grants temporary residency in Australia until a decision is made on the Subclass 100 permanent visa.
Allows visa holders to work and study in Australia.
Provides access to Australia’s public healthcare system (Medicare).
Enables applicants to travel in and out of Australia while holding the visa.
Requires applicants to be in a genuine and ongoing relationship with their sponsoring partner.
The 309 visa is aimed at couples who want to build their lives together in Australia. It ensures that only genuine relationships are granted visas, requiring substantial evidence to prove the commitment between partners.
To qualify for the partner visa subclass 309, applicants must meet the following requirements:
You must be in a genuine and continuing relationship with your sponsoring partner.
The relationship should be either:
Married: Legally recognized under Australian law.
De facto: You must have been in a de facto relationship for at least 12 months before applying (unless there are exceptional circumstances).
Your sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen.
They must not have sponsored another partner within the last 5 years.
The sponsor must meet character requirements and provide a sponsorship undertaking.
You must be outside Australia at the time of lodging the application and when the decision is made.
Provide substantial evidence that your relationship is authentic, including:
Financial evidence (joint bank accounts, shared financial responsibilities)
Social evidence (photos, invitations, statements from friends and family)
Household evidence (joint lease agreements, shared utility bills)
Commitment evidence (plans for the future, communication records)
Applicants must undergo a medical examination to meet Australian health standards.
Provide police clearance certificates from every country you have lived in for 12 months or more in the last 10 years.
You may be ineligible if you have had a previous visa refused or canceled, unless exceptional circumstances apply.
Meeting all these eligibility criteria increases your chances of a successful visa subclass 309 application.
Step-by-Step Guide to Applying for Partner Visa Subclass 309
Applying for a partner visa 309 involves several important steps. Below is a detailed guide to help you navigate the process smoothly.
Before submitting your application, you must collect all necessary documents to prove your eligibility. These include:
Personal identification – Passport, birth certificate, and national identity card.
Proof of relationship – Marriage certificate (if married), evidence of de facto relationship (if applicable), joint financial records, shared utility bills, rental agreements, or photos together.
Character documents – Police clearance certificates from every country you have lived in for 12 months or more in the past 10 years.
Health assessment – You and any dependent family members must complete a medical examination.
Sponsor documents – Your sponsoring partner must provide proof of Australian citizenship, permanent residency, or eligible New Zealand citizenship.
Form 47SP (Visa application form) and Form 40SP (Sponsorship for a partner to migrate to Australia).
You must submit your visa subclass 309 application online via the ImmiAccount portal. Here’s how:
Go to the Australian Department of Home Affairs website and create an ImmiAccount.
Fill out Form 47SP (the main visa application form) and upload all required documents.
Your partner (sponsor) must also submit Form 40SP through the same portal.
Ensure that all details match official records and documents to avoid delays.
Once the application is complete, you must pay the visa fee. The current fee for a partner provisional visa is AUD 8,850. Payment can be made via:
Credit or debit card
PayPal
BPAY
Direct deposit (for Australian applicants)
After submitting your application, you may receive a request to provide biometrics (fingerprints and photographs). You will also need to complete a health examination with a panel physician approved by the Australian government.
During the assessment, immigration officers may request further documentation. These could include:
More proof of your ongoing relationship
Updated police clearance certificates
Clarifications regarding financial or household commitments
The 309 partner visa processing time varies depending on several factors, including application completeness and background checks. Processing typically takes between 6 to 22 months. You will receive a decision via your ImmiAccount.
If your application is successful, you will be granted a partner provisional subclass 309 visa. You can now:
Travel to and live in Australia
Work and study in Australia
Apply for permanent residency (subclass 100) after two years
The 309 visa processing time varies based on individual circumstances. On average:
25% of applications are processed within 6 months
50% of applications are processed within 11 months
75% of applications are processed within 17 months
90% of applications are processed within 22 months
Several factors can impact how long it takes for a visa subclass 309 to be processed:
Completeness of the Application – Ensure all required documents, including relationship evidence, identity proofs, and character certificates, are provided upfront.
Additional Information Requests – If immigration authorities request further documentation, failing to submit them promptly can delay the decision.
Background Checks – Delays can occur if additional security or character assessments are required.
Health and Character Clearance – Medical exams and police clearance certificates must be obtained and submitted in a timely manner.
High Volume of Applications – A large number of applications may increase overall processing time.
Changes in Immigration Policies – Australian immigration policies can change, affecting processing speed.
To improve your chances of a faster decision:
Submit a well-prepared application with all necessary documents.
Ensure your relationship evidence is strong and includes financial, household, and social proof.
Respond quickly to any immigration requests for additional information.
Complete your health and police checks as soon as possible.
Use a professional Migration Agent to guide you through the process and avoid errors.
The partner provisional subclass 309 visa comes with certain conditions that applicants must follow to maintain their visa status:
Genuine Relationship Requirement: You must remain in a committed and ongoing relationship with your sponsoring partner. If the relationship ends before you transition to the permanent Partner Visa (Subclass 100), you must inform the Department of Home Affairs immediately. In some cases, you may still be eligible to stay in Australia under special circumstances (e.g., domestic violence or having shared custody of children).
Work and Study Rights: The visa subclass 309 allows you to work and study in Australia without restrictions. However, you are not eligible for government financial assistance for studies.
Travel Conditions: You can travel freely in and out of Australia while holding the partner provisional subclass 309 visa, but you must maintain a valid passport and meet re-entry requirements.
Health and Character Requirements: You must comply with Australian health and character requirements. If you fail to meet these conditions, your visa may be subject to cancellation.
Obligation to Inform the Department: Any changes in circumstances, such as address, relationship status, or financial situation, must be reported to the Australian immigration authorities.
Pathway to Permanent Residency: This visa is a temporary stage leading to the Partner Visa (Subclass 100). You must continue meeting visa conditions and prove that your relationship remains genuine for at least two years before becoming eligible for permanent residency.
Failure to comply with these conditions could lead to visa cancellation or delays in obtaining permanent residency.
Once you hold a subclass 309 visa, you can apply for the permanent Partner Visa (subclass 100) after two years if your relationship is still genuine. This visa grants permanent residency in Australia.
One of the primary reasons for partner visa 309 refusals is a lack of compelling evidence proving a genuine and continuing relationship. The Department of Home Affairs requires extensive documentation, including:
Financial proof (joint bank accounts, shared expenses, property ownership)
Social proof (photos together, invitations, statements from friends and family)
Household proof (shared bills, rental agreements, cohabitation evidence)
Communication proof (emails, messages, call logs, travel history)
Failure to provide adequate and consistent evidence can lead to visa rejection.
Errors in filling out the visa application form can result in a rejection. Common mistakes include:
Incorrect personal details
Missing required information
Providing inconsistent details across different forms and documents
It is crucial to double-check all forms before submission to ensure accuracy and completeness.
Applicants must pass character and health assessments. Reasons for failing include:
Criminal history or undisclosed offenses
Involvement in illegal activities
Health conditions that could pose a significant cost burden to the Australian healthcare system
If you have any prior convictions or medical issues, consult a migration agent to assess your options before applying.
If an applicant has had a visa canceled or refused in the past, it may affect their partner visa subclass 309 application. It is essential to disclose any past visa refusals honestly and provide explanations or supporting documents when necessary.
The sponsoring partner must demonstrate financial stability to support the applicant. If they are unemployed or have insufficient income, the application may be questioned. Providing financial statements, employment proof, and tax returns can help strengthen the case.
For de facto relationships, couples must prove they have lived together for at least 12 months before applying unless they have registered their relationship. Failing to meet this requirement can result in rejection.
Providing false documents, inconsistent statements, or misleading information can lead to serious consequences, including:
Immediate rejection of the visa application
A ban from applying for future Australian visas
Legal consequences in severe cases
Honesty and transparency are crucial throughout the application process.
No, the offshore partner visa 309 requires applicants to be outside Australia at the time of application and decision.
You may apply for a visitor visa, but approval is not guaranteed.
Submit a complete application with all required documents and respond to immigration requests promptly.
Yes, the partner provisional visa allows you to work in Australia.
You must notify the immigration department immediately. Your visa may be canceled unless you qualify under special circumstances.
The partner visa 309 is a crucial pathway for offshore applicants looking to reunite with their Australian partners. By understanding the visa subclass 309 requirements, processing time, and conditions, you can ensure a smoother application process. If you need expert assistance, consult a partner visa Australia consultant to enhance your chances of approval.
