Subclass 309 and 100
This is two-stage visa for the de facto partner or spouse of an Australian permanent resident, citizen, or ENZC, who is outside Australia.
The 309/100 Offshore Partner Visa
The Subclass 309/100 is an offshore visa application consisting of two stages: a temporary provisional visa (309) and a permanent migrant visa (100). Both are applied for simultaneously while the applicant is outside Australia.
This visa requires comprehensive proof across four key aspects of your relationship: Financial, Social, Household, and Commitment to demonstrate that your union is genuine and ongoing
Key Factors:
- Relationship Status: You must be the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen.
- Combined Application: Applicants lodge for the 309 and 100 simultaneously. The permanent visa (100) is generally granted two years after the initial application date, provided the relationship is still genuine and ongoing.
- Health and Character: Both the applicant and any non-migrating dependents must meet health and character standards.
Subclass 309 – Partner (Provisional) Visa
Applicant Requirements
What it is for: The first stage of a permanent Partner visa for offshore applicants. It allows the partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to enter and live in Australia.
What it allows: Living, working, and studying in Australia; access to Medicare; and unrestricted travel to and from Australia.
Key Requirements:
- Must be the spouse or de facto partner of an Australian sponsoring Partner.
- Must be outside Australia at the time of application.
- Must satisfy the "four pillars" of a genuine relationship (Financial, Social, Household, and Commitment).
- Must meet mandatory health and character standards.
Length of stay: Temporary. It remains valid until a decision is made on the permanent Subclass 100 visa application.
Work Rights: Unrestricted.
Sponsor Requirements
Eligibility: Must be an Australian citizen, Australian Permanent Resident (usually resident in Australia), or an eligible New Zealand citizen.
Key Limitations:
- Sponsorship is limited to two partners in a lifetime.
- A minimum of 5 years must typically pass between the lodgement of a previous successful sponsorship and the current application (Some exemptions).
- Sponsor must provide police clearances; significant criminal records for relevant offenses (e.g., violence or crimes against children) may result in refusal.
Subclass 100 – Partner (Migrant) Visa
Applicant Requirements
What it is for: The second stage of the offshore partner process, granting permanent residency to those who maintain a genuine relationship with their sponsor.
What it allows: Permanent residency in Australia; the right to live, work, and study indefinitely; access to social security; and a pathway to Australian citizenship.
Key Requirements:
- Must hold a Subclass 309 visa (or have held one).
- Must continue to be in a genuine and ongoing relationship with the same sponsoring partner.
- Generally, 2 years must have passed since the initial 309/100 application was lodged (unless a "long-term relationship" waiver applies).
- Must meet character requirements if requested.
Length of stay: Permanent.
Work Rights: Unrestricted.
Sponsor Requirements
Eligibility: Must be the same sponsoring partner who sponsored the applicant for the Subclass 309 visa.
Key Limitations:
- The sponsor must continue to satisfy the sponsorship undertaking made during the first stage.
- The sponsorship must remain valid and not have been withdrawn.
Maintaining compliance
- Ongoing Genuineness: You must maintain evidence of your relationship (joint accounts, social travel, shared bills) during the 2-year provisional period.
- Notification of Change: You must notify the Department if your relationship ends or your contact details change.
- Stage 2 Lodgement: While the subclass 309 and subclass 100 are applied for together, you must provide updated evidence for the permanent stage (subclass 100) two years after the initial lodgement.
The Four Pillars of Relationship Evidence
Financial Aspects
Joint ownership of assets, joint liabilities, and pooling of financial resources.
Nature of the Household
Shared domestic responsibilities, joint care of children, and living arrangements.
Social Aspects
How the couple is perceived by others, joint social activities, and evidence that the couple presents as married/de facto to government or commercial bodies.
Nature of Commitment
Duration of the relationship, companionship, emotional support, and the perception of the relationship as long-term.
For 309/100 Visa Applicants
The Subclass 309/100 requires you to meet all Four Pillars of your relationship requirements. At Immilex, we assess your evidence to ensure your relationship history is logically documented and supported by verifiable facts such as joint financial liabilities, social recognition, and household shared responsibilities.
It is also important to plan for the 2-Year Wait Period. If you are in a long-term relationship (3+ years), the Permanent 100 visa may be granted immediately upon approval of the 309.
Frequently Asked Questions
You can apply for a Visitor (600) visa to visit your partner, but you must generally be outside Australia for the 309 grant unless current temporary concessions apply.
The Department may conduct interviews with both the applicant and the sponsor to verify the genuineness of the relationship if the written evidence is insufficient.
Yes, provided you are permanently separated and can demonstrate a genuine de facto relationship with your current partner.
You may be eligible for a "long-term relationship" waiver, which allows the Permanent 100 visa to be granted immediately after the 309, skipping the two-year wait.
Manage Your Partner Visa with Care
The Partner visa involves complex requirements. Contact us at Immilex for an assessment of your evidence to ensure your application meets the Department's high standards.