Partner (Provisional and Migrant) Visa (Subclass 309/100)
The offshore Partner visa pathway allows the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia temporarily and progress to permanent residence.
You apply for Subclass 309 and Subclass 100 together. The applicant must be outside Australia when lodging the combined application and must maintain a genuine relationship with the eligible sponsor.
How the Subclass 309/100 Pathway Works
The Partner (Provisional) visa (Subclass 309) is the temporary stage. It allows the applicant to live, work and study in Australia while progressing toward the Partner (Migrant) visa (Subclass 100), which provides permanent residence.
Applicants lodge one combined application and pay the main application charge at the beginning. In most cases, eligibility for permanent-stage assessment begins two years after the original Subclass 309/100 application date.
Key benefits of the partner pathway
Key relationship requirements
You must be legally married to or in a de facto relationship with the sponsor, and the relationship must be genuine and continuing. You and your partner must share a mutual commitment to a life together to the exclusion of all others and must live together or not live permanently apart.
De facto applicants generally need to meet the applicable relationship-duration requirement unless an exemption applies, such as a formally registered relationship or compelling circumstances. A marriage must be valid under Australian law.
Who can sponsor a partner?
The sponsor must generally be an Australian citizen, Australian permanent resident or eligible New Zealand citizen and meet sponsorship requirements. Sponsorship limitations can apply because of previous partner sponsorships, certain offences, age or other circumstances.
The sponsor provides identity, status, relationship, character and support information and undertakes sponsorship obligations. Sponsor eligibility and visa eligibility are assessed separately.
How the application process works
Assess applicant and sponsor eligibility
Confirm offshore lodgement, relationship type, sponsor status and any sponsorship limitations.
Prepare the relationship history
Document how the relationship developed, significant events, periods apart and future plans.
Gather supporting evidence
Organise financial, household, social and commitment evidence with identity and civil records.
Lodge applicant and sponsorship forms
Submit the combined 309/100 application and supporting sponsorship through ImmiAccount.
Complete the permanent stage
When eligible, provide updated relationship, identity, family and character evidence for Subclass 100 assessment.
Four areas of relationship evidence
Financial aspects: joint accounts, shared bills, leases, loans, major assets, insurance and evidence showing how expenses are managed together.
Nature of the household: living arrangements, correspondence to the shared address, division of household responsibilities and joint care of children.
Social aspects: travel, invitations, photographs, joint activities, recognition by family and friends, and supporting statements from suitable witnesses.
Nature of commitment: knowledge of each other's circumstances, communication during separation, combined personal affairs, wills and credible plans for a shared future.
Subclass 309 provisional stage
If granted, the Subclass 309 visa allows the applicant to enter and remain in Australia while awaiting permanent-stage assessment. Family members included in the initial application must meet relevant eligibility, health and character requirements.
The applicant and sponsor must keep the Department informed about address, passport, family composition and relationship changes. Evidence should continue to be collected after lodgement and after the temporary visa grant.
Subclass 100 permanent stage
Permanent-stage eligibility normally begins two years after the combined application was lodged. Updated evidence must show that the applicant remains the spouse or de facto partner of the same sponsor and that the relationship continues to be genuine and ongoing.
Earlier permanent consideration can apply in limited long-term relationship or specified humanitarian-sponsor circumstances. Relationship breakdown, sponsor death or family violence provisions may also preserve eligibility in certain cases and require careful evidence.
Important Partner Visa Responsibilities
- Provide complete and consistent relationship information.
- Disclose previous relationships and sponsorship history.
- Continue gathering evidence after the initial application.
- Complete health, identity and character checks when requested.
- Notify the Department about relationship or family changes.
- Protect personal ImmiAccount and email access.
- Do not assume the temporary visa guarantees permanent grant.
Documents commonly required
Documents can include passports, birth and marriage records, divorce evidence, sponsor citizenship or residence evidence, relationship statements, joint financial and household records, photographs, travel evidence, messages, witness statements, police certificates, health examinations and dependent-child documents.
How Echoes Global Education can assist
Our migration team can assess applicant and sponsor eligibility, identify evidence gaps, organise the four relationship categories, prepare tailored checklists and assist with the combined application, sponsorship and permanent Subclass 100 stage.