Subclass 309/100 offshore partner visa: applying from outside Australia

The Subclass 309/100 visa is the offshore counterpart to the onshore 820/801. It is designed for the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen who applies from outside Australia and remains offshore at the time of the 309 grant. The two-stage structure — 309 (provisional) then 100 (permanent) — mirrors the onshore pathway, but the offshore variant has distinct processing characteristics, a different bridging-visa calculus, and practical considerations around entry timing and travel that applicants frequently underestimate.

In 2024–2025, offshore partner visa applications accounted for approximately 60% of the Family Stream intake. The median processing time for the 309 stage is between 8 and 16 months, depending on the post (the Australian diplomatic mission processing the application) and the post’s caseload. High-volume posts — particularly in Southeast Asia, South Asia, and the United Kingdom — tend toward the longer end of the range.

Who this pathway is for

The 309/100 is the appropriate pathway where:

• The applicant is outside Australia at the time of lodgement and intends to remain offshore until the 309 is granted
• The relationship meets the Migration Act 1958 definition of spouse (married) or de facto partner (at least 12 months of cohabitation, or a registered relationship)
• The sponsor is an Australian citizen, permanent resident, or eligible New Zealand citizen who is not subject to a sponsorship bar
• The applicant cannot or does not wish to enter Australia on another visa before lodging a partner application

An applicant who is already in Australia on a substantive visa (e.g., visitor visa, student visa) may, in some circumstances, be better served by the onshore 820/801 pathway (see /pathways/partner-820-801-onshore/), which allows the applicant to remain in Australia during processing and grants a Bridging Visa A with full work rights. The offshore pathway carries the disadvantage that the applicant cannot enter Australia on the 309 until it is granted — a wait that can extend beyond a year.

The two-stage structure in detail

Stage 1: Subclass 309 (Provisional). The Department assesses the genuineness of the relationship at the time of application. The same “four factors” test applies as for onshore partner visas: financial aspects, nature of the household, social aspects, and nature of the commitment. The key difference is that the Department typically does not interview offshore applicants in person — it relies on documentary evidence alone, and may request additional information in writing. If the 309 is granted, the applicant can enter Australia and become a temporary resident with full work and study rights, access to Medicare, and a travel facility.

Stage 2: Subclass 100 (Permanent). Two years after the original 309/100 application was lodged, the Department invites the applicant to submit further evidence that the relationship remains genuine and continuing. If the relationship has existed for more than three years at the time of the 309 application, or if there is a dependent child of the relationship, the Department may grant the 309 and 100 simultaneously — bypassing the two-year wait. This is formally known as a “double grant” and requires the applicant to be offshore at the time of the 100 grant unless the Minister exercises discretion.

Eligibility: the four statutory pillars

The evidentiary requirements for the 309 are materially identical to those for the 820 — the Department applies the same regulation 1.09A framework — but the practical challenges of compiling evidence from overseas should not be underestimated. Documents issued in a language other than English must be accompanied by a NAATI-certified translation. Joint financial accounts are harder to establish when the parties live in different countries, though evidence of international money transfers, shared property or investments, and joint travel itineraries all carry weight.

Married applicants. The marriage must be legally recognised under Australian law, which requires that it be valid under the law of the country where it took place and that neither party was married to another person at the time (polygamous marriages are not recognised for migration purposes). A marriage certificate alone does not establish a genuine and continuing relationship — it is the starting point, not the endpoint, of the evidentiary exercise.

De facto applicants. The 12-month cohabitation requirement applies as it does onshore, with the same exceptions: a registered relationship under a prescribed state or territory register, or compelling and compassionate circumstances. Couples who travel together extensively but have not established a single household across a 12-month period may struggle to meet the cohabitation threshold. The Department’s policy guidance (Procedures Advice Manual 3) emphasises that “living together” does not mean “never spending a night apart,” but it does require a shared home base, even if work or study requires periodic separation.

Application process

Step 1: Evidence compilation. An offshore 309 application requires the same core evidence bundle as an onshore application: identity documents, relationship statements, Form 80, Form 888 statutory declarations from Australian citizens or residents who have observed the relationship, financial evidence, cohabitation evidence, photographs, and communication logs. For a transnational relationship, evidence of ongoing communication during periods of physical separation — call logs, messaging records, emails — takes on disproportionate importance.

Step 2: Lodge via ImmiAccount. The Visa Application Charge is AUD 9,095 (2025–2026), identical to the onshore fee. The applicant must be outside Australia at lodgement.

Step 3: Health and character. The applicant must complete a health examination with a panel physician approved by Home Affairs in their country of residence. Police clearances from every country where the applicant has lived for 12 months or more in the past 10 years are required. The sponsor must provide an AFP clearance.

Step 4: Department assessment. Processing times vary significantly by post. The Department allocates cases by the applicant’s country of citizenship or residence at the time of application. Some posts have case officer-to-application ratios that result in substantially longer queues. In practice, London, Manila, New Delhi, and Bangkok are among the highest-volume processing centres for partner visas.

Step 5: 309 grant and entry. If granted, the applicant receives a visa grant notice with an initial entry date — the date by which the applicant must make their first entry to Australia. This is typically 12 months from the date of the health examination or police clearance, whichever is earlier. Failure to enter by this date invalidates the visa.

Step 6: 100 assessment. Two years from the original lodgement date, the Department issues an invitation to apply for the 100. The applicant must be in Australia or outside Australia at the time of the 100 grant; the specific location requirements depend on the applicant’s circumstances and the Department’s policy at the time.

Common refusal grounds and offshore-specific risks

Relationship not genuine. The same evidentiary insufficiency that causes onshore refusals applies offshore, but with the added challenge that the Department rarely conducts interviews, so the documentary record is the entire case. Ambiguity that an interview might resolve goes unresolved.

Sponsor not eligible. Where the sponsor does not meet the sponsorship criteria — character, prior sponsorship history, or the five-year spacing rule — the application will be refused. Sponsors must be approved before the visa can be granted.

Failure to disclose relevant information. PIC 4020 (false or misleading information) is applied strictly. Offshore applicants who have previously been refused an Australian visa and fail to disclose that history face a three-year exclusion period.

Initial entry date missed. This is an offshore-specific trap. If the applicant does not make the first entry by the date specified, the visa ceases. There is no automatic extension, and the applicant must apply for a new visa. Extensions of the initial entry date can be requested before the date passes, but are discretionary and not routinely granted.

Offshore character clearance delays. Police clearances from certain countries take months to obtain. Applicants should initiate these as early as possible to avoid the clearance expiring before the visa is ready for grant.

Decision framework: 309/100 vs 820/801 vs 300

The choice between offshore and onshore partner pathways turns on three practical considerations:

1. Where is the applicant now, and can they enter Australia? If the applicant can obtain a visitor visa and is prepared to lodge onshore, the 820/801 allows them to remain in Australia during processing with full work rights on a Bridging Visa A. The 309/100 requires them to wait offshore — potentially for a year or longer — before entering Australia.

2. How strong is the evidence? Offshore applications are assessed on documents alone. If the evidence is thin or ambiguous, an onshore application — where an interview can supplement the documentary record — may be the safer choice.

3. Is the relationship long-standing? For relationships that have existed for more than three years, the 309/100 offers a substantial advantage: the possibility of a double grant (309 + 100 simultaneously), which delivers permanent residency in a single step. The onshore pathway also allows a double grant in equivalent circumstances.

Cost and timeline

Item	Details
Visa Application Charge	AUD 9,095 (covers both 309 and 100 stages)
Health examination	AUD 300–500 (varies by country)
Police clearances	Varies by country; AFP clearance AUD 42
Document translation	AUD 50–100 per document (NAATI-certified)
309 processing (median)	8–16 months (varies by post)
100 processing (median)	8–14 months
Total pathway to PR	Approx. 3–4 years from lodgement

Recent policy changes

2024–2025 Program Year. The offshore partner visa pipeline, which had accumulated substantial backlogs during the COVID-19 border closure period, has been largely cleared. Processing times for the 309 stage have returned to pre-pandemic medians of 8–16 months, down from peaks of 24+ months during 2020–2022. The Minister has directed that partner visa processing be prioritised where the application is decision-ready — meaning all health, character, and evidence requirements are satisfied at lodgement — a significant incentive for applicants to lodge complete applications.

Sponsorship reforms. The 2023 Family Violence Act amendments apply equally to offshore sponsors. A sponsor with convictions for relevant offences will be refused. The Department shares information with the applicant where family violence concerns arise during assessment.

Sources

• Department of Home Affairs — Partner visa (offshore 309/100)
• Migration Regulations 1994 — Schedule 2, clause 309.2
• Migration Act 1958 — s 5F spouse definition and s 5CB de facto definition