Offshore Partner Visa (Subclass 309/100)
Want to join your partner and build your future together in Australia? The Australian Partner Visa provides a pathway for eligible spouses and de facto partners of Australian citizens, Australian permanent residents or eligible New Zealand citizens to live in Australia.
There are two main pathways:
- Offshore Partner Visa — Subclass 309/100 (applied outside Australia)
- Onshore Partner Visa — Subclass 820/801 (applied inside Australia)
The appropriate pathway depends on where you are located when you apply and your individual circumstances. At Jurist Migration, we guide you through every stage of the application with clarity and integrity.
Partner Visa Types & Pathways
Both onshore and offshore partner visas operate as a two-stage process leading from a provisional visa to permanent residency.
Offshore Partner Visa (Subclass 309/100)
Stage 1 — Subclass 309 — Partner (Provisional)
The Subclass 309 is the temporary/provisional stage for eligible partners who apply while outside Australia. It is the first step towards the permanent Subclass 100 visa.
Stage 2 — Subclass 100 — Partner (Migrant)
The Subclass 100 is the permanent stage of the offshore Partner Visa pathway. Eligible applicants are assessed for the permanent visa after the required period and when the applicable requirements are satisfied.
Onshore Partner Visa (Subclass 820/801)
Stage 1 — Subclass 820 — Partner (Temporary)
The Subclass 820 is the temporary stage for eligible partners who apply while they are in Australia. It is the first step towards the permanent Subclass 801 visa.
Stage 2 — Subclass 801 — Partner (Permanent)
The Subclass 801 is the permanent stage of the onshore Partner Visa pathway. Generally, two years must have passed since the Partner Visa application before the applicant becomes eligible for assessment for the permanent visa.
Relationship Types & Criteria
The Partner Visa accommodates various legal and personal relationship arrangements.
Married Relationship
You may be eligible if you are legally married to an Australian citizen, Australian permanent resident or eligible New Zealand citizen and your relationship meets the relevant genuineness requirements.
De Facto Relationship
You may be eligible if you are in a genuine and ongoing de facto relationship with your sponsoring partner.
12-Month Rule: A 12-month cohabitation requirement generally applies to de facto applicants, although exceptions can apply in certain circumstances (e.g. relationship registration).
Prospective Marriage — Subclass 300
If you are engaged to an Australian citizen, permanent resident or eligible New Zealand citizen and intend to marry your sponsor in Australia, the Prospective Marriage Visa (Subclass 300) may be a separate pathway to consider before transitioning to an onshore partner visa.
Relationship Evidence & 4 Pillars
A strong Partner Visa application should clearly demonstrate the nature and history of your relationship across all major aspects.
The evidence should tell a consistent, verifiable, and credible story about your relationship from inception to the present day.
Benefits of the Australian Partner Visa
The Subclass 309/100 pathway offers exceptional rights and certainty for you and your partner in Australia.
Live With Your Partner
Live in Australia together with your partner without geographic limitations.
Work in Australia
Full work rights in Australia, subject to the conditions of the visa held.
Study in Australia
Study in Australia at renowned educational institutions, subject to applicable visa conditions.
Progress to Permanent Residence
Direct, structured progression from a temporary/provisional Partner Visa (309) to permanent residence (100).
Eligible Family Members
Include eligible dependent children or family members where permitted by migration regulations.
Potential Citizenship Pathway
Build a direct pathway towards Australian citizenship once the permanent residency and residence requirements are satisfied.
Notice on Work Rights: Work rights depend on the specific visa subclass and its conditions. Applicants should check their current conditions through VEVO rather than assuming unrestricted work rights.
What Happens If Your Relationship Changes?
If your relationship ends before your permanent visa is decided, this does not necessarily mean that your Partner Visa pathway must immediately end.
Domestic & Family Violence
There are circumstances where special provisions under Australian migration law may allow applicants who have experienced domestic or family violence by their sponsor to continue to permanent residence.
Death of the Sponsor
Special provisions may apply following the death of the sponsoring partner, allowing the applicant to be granted the permanent visa if they can establish that the relationship would have continued.
Child of the Relationship
Certain circumstances involving a dependent child of the relationship and applicable parental custody or maintenance orders may allow the permanent visa to proceed despite relationship breakdown.
Important Notice: Special provisions apply under strict statutory definitions and evidentiary requirements. Each situation must be assessed individually by a registered migration professional.
Start Your Partner Visa Journey to Australia
Let Jurist Migration assist you with clear, honest and professional migration guidance for your Subclass 309/100 application.
Frequently Asked Questions
What is the Partner Visa (Subclass 309/100)?
The Subclass 309/100 pathway is the offshore Partner Visa pathway. Subclass 309 is the provisional stage (allowing you to live in Australia), followed by assessment for the permanent Subclass 100 visa when the relevant qualifying period and criteria are met.
What is the difference between Subclass 309/100 and 820/801?
The primary difference is the applicant's location at the time of lodgement. Subclass 309/100 is for applicants who are outside Australia (offshore) when applying, while Subclass 820/801 is for applicants who are inside Australia (onshore) holding a valid substantive visa.
How long does it take to get a Partner Visa?
Processing times vary depending on the Department's volume, the complexity of individual cases, and whether decision-ready evidence has been provided. The provisional Subclass 309 stage generally takes between 12 to 24 months, with permanent stage assessment beginning 2 years after initial application.
Does my de facto relationship need to be 12 months old?
Generally, de facto couples must provide evidence of living together in a genuine, continuing relationship for at least 12 months prior to application. However, you can be exempt from the 12-month rule if you register your relationship with an Australian state or territory government, or if compelling and compassionate circumstances exist.
Do same-sex couples qualify for the Partner Visa?
Yes. Under Australian migration law, same-sex relationships are evaluated with the exact same legal criteria and rights as opposite-sex relationships, whether legally married or living in a de facto relationship.
