Offshore Partner Visa (Subclass 309 & 100): The Complete 2026 Guide for Couples Applying from Overseas

If the person you love is overseas, the Offshore Partner Visa (Subclass 309 & 100) is a pathway that allows you to build your life together in Australia.

This guide will walk you through how the Partner (Provisional) (Subclass 309) visa and Partner (Migrant) (Subclass 100) visa work, who is eligible, what evidence matters most, what mistakes create delays, and what to do if your matter becomes complicated.

What is the Offshore Partner (Subclass 309 & 100) Visa?
Who can apply for Subclass 309 and 100?
What is the difference between Subclass 309 and Subclass 100?
Do you need to be outside Australia to apply?
What evidence do you need for an Offshore Partner Visa?
- Financial evidence
- Household evidence
- Social evidence
- Commitment evidence
Partner (Subclass 309/100) visa processing time
Can you work and study in Australia on a Subclass 309 visa?
Can Subclass 309 holders access Medicare?
What documents are commonly required?
Can dependent children be included?
What if the relationship breaks down before Subclass 100 is granted?
What are the biggest mistakes couples make with Offshore Partner visa applications?
When should you get legal help?
Offshore Partner Visa (Subclass 309 & 100) FAQs
Conclusion

What is the Offshore Partner (Subclass 309 & 100) Visa?

The Offshore Partner Visa is the partner visa pathway for applicants who apply from outside Australia. It is designed for the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen. The offshore stream is made up of two linked visas:

Subclass 309 is the temporary or provisional stage.
Subclass 100 is the permanent stage.

In most cases, you lodge one combined application for both stages. The first decision is usually on the Subclass 309 visa. The permanent Subclass 100 stage is then considered later, usually after the relevant eligibility point is reached.

That is the basic structure. However, what matters most is whether you can prove that your relationship is genuine, continuing, and meets the migration criteria.

Who can apply for Subclass 309 and 100?

You may be eligible for the Offshore Partner (Subclass 309 & 100) Visa if:

you are married to, or in a de facto relationship with, an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
you apply from outside Australia
your sponsor is eligible to sponsor you
you meet health and character requirements
you can provide convincing evidence that the relationship is genuine and continuing.

For de facto couples, Australia generally expects evidence that the de facto relationship existed for at least 12 months before lodgement, unless an exception applies, such as a recognised relationship registration in an Australian state or territory.

This is one of the areas where couples can unintentionally damage an otherwise strong case. A relationship can be completely real, but if the evidence is thin or not mapped properly to the legal criteria, the application can still face delays or refusal.

What is the difference between Subclass 309 and Subclass 100?

The difference between the Partner (Provisional) (Subclass 309) visa and the Partner (Migrant) (Subclass 100) visa is simple in theory, but important in strategy.

Subclass 309: the Temporary stage

The Partner (Provisional) (Subclass 309) visa allows the applicant to move to Australia and live there temporarily as the partner of an eligible sponsor once granted. This is the first stage in the offshore partner process.

Subclass 100: the Permanent stage

The Partner (Migrant) (Subclass 100) visa is a permanent visa. Once granted, it allows the visa holder to live in Australia indefinitely, work and study without restriction, sponsor eligible family members, and potentially move toward citizenship when eligible.

The real-world timeline

The Department of Home Affairs confirms that, for temporary partner visa holders, two years must have passed since the original partner visa application before permanent-stage assessment is generally available. The permanent stage is handled through a further step in ImmiAccount if required.

That said, some applicants may be considered for permanent residence earlier in long-term relationship scenarios.

Do you need to be outside Australia to apply?

Yes, for the offshore stream (Subclass 309 & Subclass 100) applicants must apply from outside Australia, while the Subclass 820/801 stream is the Partner visa for people applying in Australia.

This distinction matters because many couples ask whether they should lodge offshore or onshore. The correct answer depends on timing, travel plans, lawful status, evidence readiness, and risk management.

For more information, please check our dedicated Partner Visa service page.

What evidence do you need for an Offshore Partner Visa?

The Department of Home Affairs expects evidence that shows you are in a genuine and continuing relationship. In practice, partner visa cases are commonly assessed through the usual relationship pillars:

financial aspects of the relationship
the nature of the household
the social aspects of the relationship
the nature of your commitment to each other over time.

1. Financial evidence

This can include shared bank activity, money transfers, joint expenses, rent contributions, travel bookings paid by one another, utility payments, insurance, or other documents that show practical interdependence.

2. Household evidence

This can include living arrangements, lease documents, mail to the same address, domestic responsibilities, property records, and statements explaining how your shared life actually works.

3. Social evidence

This can include photos across different periods, travel records, invitations, messages from family and friends, public acknowledgement of the relationship, and statutory declarations from people who genuinely know you as a couple.

4. Commitment evidence

This is often the most overlooked category. It is where decision-makers look for signs that the relationship is not merely current, but durable. Plans for marriage, children, relocation, long-term housing, shared responsibilities, emotional support, and the consistency of your timeline all matter.

A strong partner visa file does not just dump documents into ImmiAccount. It tells a coherent story, supported by objective evidence, with no gaps that invite doubt.

Partner (Subclass 309/100) visa processing time

As of April 2026, there is no single fixed processing time. Timing is usually affected by 5 several key factors, such as:

whether all the required information and evidence were submitted from the outset
whether health and character documents are complete
whether the relationship history is clear and consistent
whether the sponsor side is straightforward
whether the case involves complications such as prior refusals, sponsorship history, health issues, or relationship changes.

Can you work and study in Australia on a Subclass 309 visa?

Yes. The Subclass 309 pathway is designed to let eligible partners move to Australia and live there while the permanent stage is pending, and the permanent Subclass 100 visa then allows indefinite residence, work, and study.

Can Subclass 309 holders access Medicare?

In many cases, yes.

Services Australia states that people who have applied for a combined spouse visa 309/100 may be eligible to enrol in Medicare, including from the date they applied for permanent residence or, if they applied offshore, from the date they arrived in Australia to live.

That is a very important point for couples planning health cover, pregnancy care, or settlement costs.

Speak to a Lawyer today

If you are interested in getting more information about a visa, get in touch with Emerson Migration Law for a consultation.

What documents are commonly required?

The exact document list for an Offshore Partner (Subclass 309 & 100) Visa can vary depending on your circumstances. Common document categories include:

identity documents
relationship evidence
sponsor documents
marriage certificate if married
evidence of de facto relationship if not married
police certificates
health examination results when requested
documents for any dependent children
statements from both partners about the relationship history.

On police checks specifically, sponsors should provide Australian and foreign police checks when submitting the sponsorship form, and applicants must also meet character requirements.

Can dependent children be included?

Partner visa applicants may have options for including family members or addressing children later in the process, depending on timing and status. If a person holds a Subclass 309 and later needs to add a child to the permanent partner stage, the Dependent Child (Subclass 445) visa can become relevant.

This is an area where families should be careful. The right approach depends on whether the child was born before or after the application, where the child is located, and what visa stage the parent is at.

What if the relationship breaks down before Subclass 100 is granted?

This is one of the most sensitive questions in partner visa law. In limited circumstances, some applications may still continue despite relationship cessation, including where:

the sponsoring partner has died
the applicant or another included family member has experienced domestic and family violence by the sponsor
there is a child of the relationship and both parties share access and parental responsibility.

Where the sponsoring partner has died, the application may still proceed if the relationship was genuine and ongoing prior to death. If domestic or family violence is involved, applicants may still be eligible for permanent residence, supported by judicial or non-judicial evidence. Where a child is involved, the Department of Home Affairs will consider the best interests of the child and ongoing parental responsibility.

In all cases, applicants must communicate any change in circumstances, and the genuineness of the relationship will remain a key consideration.

What are the biggest mistakes couples make with Offshore Partner visa applications?

The most common mistakes we see at Emerson Migration Law are not always dramatic. Often they are quiet, preventable weaknesses.

1. Treating the application like a form-filling exercise

APartner visa is an evidence case. The form matters, but the real work is in proving the relationship properly.

2. Providing documents without a legal narrative

A case officer should not have to guess how your evidence fits together.

3. Inconsistencies in dates, addresses, travel, or relationship history

Small inconsistencies can create outsized suspicion.

4. Weak de facto evidence

Many genuine couples underestimate how much objective evidence is needed.

5. Lodging too early

Sometimes the right strategy is not “lodge now at any cost,” but “lodge when the evidence position is materially stronger.”

6. Ignoring sponsor-side complications

Past sponsorship issues, criminal history, prior visa refusals, or family violence concerns can all affect outcomes.

7. Failing to prepare for Stage 2 early

The Subclass 100 stage is not something couples should think about only after two years have passed. Good cases are built with both stages in mind from day one.

When should you get legal help?

Not every matter requires intensive legal intervention. But legal guidance becomes especially valuable where:

you are unsure whether to apply offshore or onshore
your de facto evidence is borderline
you have spent long periods apart
either partner has a complex migration history
there are sponsor character concerns
there are children from current or previous relationships
you want the application decision-ready from the start
you have already had a refusal.

If a refusal has already happened, the next steps are time-sensitive. For more information please check our dedicated page on visa appeals and refusals.

Offshore Partner (Subclass 309 & 100) Visa FAQs

Is Subclass 309 a permanent visa?

No. Subclass 309 is the provisional stage. Subclass 100 is the permanent stage.

Do I lodge Subclass 309 and Subclass 100 separately?

Usually, you lodge one combined application first. The permanent stage is considered later when eligible.

How much does the Offshore Partner Visa cost in 2026?

Because visa charges can change, it is always wise to confirm the current amount through the Visa Pricing Estimator before lodging.

Can I check my visa conditions after grant?

Yes. The Department of Home Affairs directs visa holders to use VEVO to check visa status and conditions.

Can the permanent stage be refused?

Yes. The Department of Home Affairs states that if a permanent partner visa is refused, the person no longer holds the temporary partner visa.

What if I need review rights after a refusal?

If the decision is reviewable, the refusal notice will explain how to apply to the Administrative Review Tribunal.

Conclusion

A well-prepared Offshore Partner (Subclass 309 & 100) Visa application should do more than prove that you are in love. It should prove, clearly and lawfully, that your relationship satisfies the migration criteria, that your evidence is coherent, and that your future in Australia is being presented with care.

Whether you need help assessing eligibility, evidence strategy, or sponsor issues for a Partner (Subclass 309/100) visa, please contact us through the form below.