Subclass 309 Visa: Your Complete Guide to the Offshore Partner Visa

There are no boundaries in love, and you have to have the appropriate visa to relocate to Australia and live with your special someone. The partner visa subclass 309 assists couples to start their life together in the country and create a future together. The visa is not just a piece of paper, but the start of a life with your partner in a new country.

What is the Offshore Partner Visa 309?

The Offshore Partner Visa 309 is a temporary visa which grants the spouse or de facto partner of an Australian citizen, resident or eligible New Zealand citizen permission to reside in Australia. It is the initial stage of a two-stage process towards gaining permanent residence via the Partner Visa (Subclass 100).

Major Features of the Offshore Partner Visa 309

Below are some of the most important features of this visa.

Allows a temporary stay in Australia until the decision is made on the Subclass 100 permanent visa.

• Gives the visa holders the right to study and work in Australia.
• Offers access to Medicare, which is the Australian health care system.
• Enables the holder of the visa to enter and leave Australia whenever they wish.
• Needs applicants to be in an authentic and continuing relationship with the sponsoring partner.

Purpose of the Subclass 309 Visa

The 309 visa is designed to suit couples who want to spend time together in Australia. This visa only allows real relations, and enough evidence to support the degree of commitment between the partners is required.

Also Read: Common Reasons For Partner Visa Refusal In Australia (2025 Guide)

Eligibility Criteria for Subclass 309 Visa

To be eligible for the partner visa subclass 309, applicants will be required to meet the following conditions:

1. Relationship Requirement

You will have to be in an actual and continuing relationship with your sponsoring partner.

The association should be either:

• Married: Legally married in the country of origin and recognised under Australian law.
• De facto: You and your partner will need to have been in a de facto relationship at least 12 months before your application (except where there are good reasons).

2. Sponsorship Requirement

• Your sponsor should be an Australian citizen, permanent resident, or an eligible citizen of New Zealand.
• They are not allowed to have sponsored another partner within the past 5 years.
• The sponsor must also meet character conditions and undertake a sponsorship declaration.

3. Offshore Application Requirement

You will have to be outside of Australia at the time of application and when the decision is made.

4. Proof of Relationship

Provide clear documentation to establish that your relationship is authentic, including:

• Financial evidence (joint bank accounts, shared financial responsibilities)
• Proof of social life (photos, invitations, statements from friends and family)
• Household evidence (joint lease agreements, shared utility bills)
• Commitment evidence (future plans, communications records)

5. Health and Character Requirements

• The applicants will be required to undergo a medical examination to meet Australian health standards.
• Submit police certificate documents for all of the countries you have lived in for 12 months or more during the past 10 years.

6. No Refusals or Cancellations of Visas

You cannot be eligible if your previous visa has already been refused or cancelled, unless for exceptional reasons.

Also Read: A Guide to Partner Visa Sponsorship Limitations

A Short Guide to Partner Visa Subclass 309.

An Application for a partner visa 309 involves numerous significant steps. The following is a step-by-step guide to make it simple.

Step 1: Collect Required Paperwork.

Before applying, you need to get all the paperwork that will prove you are eligible. They include:

• Personal identification: Birth certificate, passport, and national identity card.
• Evidence of relationship: Marriage certificate (where applicable), de facto relationship evidence (where applicable), joint bank statements, joint utility bills, rental history, or images together.
• Documents on character: Police certificates of clearance in all countries where you have lived 12 months or longer in the past 10 years.
• Health examination: You and any of your dependent family members will be required to undergo a medical examination.
• Sponsor documents: Your sponsoring partner will be required to provide evidence of Australian citizenship, permanent residence or eligible New Zealand citizenship.
• Form 47SP (application form for a visa) and Form 40SP (sponsorship for a partner to migrate to Australia).

Step 2: Make an ImmiAccount and submit the Application.

You must lodge your visa subclass 309 application online through the ImmiAccount website. Here’s how to do it:

• Open the official website of the Australian Department of Home Affairs and make an ImmiAccount.
• Fill out Form 47SP (main application form) and upload all the documents.
• Your sponsor (partner) must also lodge Form 40SP on the same website.
• Make sure that all information is accurate according to official documents and records so that no delay occurs in the process.

Step 3: Pay the Visa Fee

After completing the application, you need to pay the visa fee. Presently, the visa charge for the partner provisional visa is AUD 8,850. You can make a payment by:

• Credit or debit card
• PayPal
• BPAY
• Direct deposit (if you are applying from Australia)

Step 4: Biometrics and Health Examination

Once you have submitted your application, you might be asked to present biometrics (photos and fingerprints). You will also have to undergo a health check by an approved panel doctor appointed by the Australian government.

Step 5: Submit Further Evidence if Necessary

In the course of examination, the immigration authorities are within their rights to ask for further evidence. These may include:

• Further evidence to prove your continuous relationship
• Updated police certificates of clearance
• Explanations regarding financial or domestic responsibilities

Step 6: Waiting for the Decision

The time taken to process the 309 partner visa varies a lot with respect to a sequence of situations, including the completeness of the application and background checks. It is processed in 6 to 22 months. You will receive an announcement about the decision through your ImmiAccount.

Step 7: Travel to Australia on a Subclass 309 Visa

If your application is approved, you will be issued a partner provisional subclass 309 visa. You are now permitted to:

• Travel to and reside in Australia.
• Work and study in Australia
• Apply for permanent residence (subclass 100) within two years.

Also Read: Australia Partner Visa Processing Time 2025

309 Visa Processing Time

Processing time for the 309 visa depends on a case-by-case basis. On average:

• 25% are processed in 6 months
• 50% are processed in 11 months
• 75% are processed in 17 months
• 90% are processed within 22 months

Conditions of the 309 Visa

The partner provisional subclass 309 visa has some conditions that must be observed by the applicants to sustain their visa status:

• True Relationship Requirement: You need to have a continuing, genuine relationship with your sponsoring partner. If the relationship breaks down before it continues to your transition to the permanent Partner Visa (Subclass 100), you need to report this to the Department of Home Affairs immediately. In some cases, you can remain in Australia in exceptional circumstances (such as domestic violence or shared child custody).
• Work and Study Rights: With the partner provisional subclass 309 visa, you are free to work and study in Australia. You are not entitled to government assistance with study, though.
• Travel Conditions: You are free to travel back and forth from Australia during the time you hold the partner provisional subclass 309 visa, but you must have a valid passport and be able to re-enter.
• Health and Character Requirements: You are required to meet Australian health and character requirements. Otherwise, your visa will be liable to cancellation.
• Requirement to Notify the Department: Notification of any change in your situation, like address, marital status, or financial circumstances, should be reported to the Australian immigration department.
• Path to Permanent Residency: The visa is a transitional pathway to the Partner Visa (Subclass 100). You will have to keep meeting the visa conditions and demonstrate that your relationship is real for a period of two years before you can gain access to permanent residency.

Breaking these conditions can result in cancellation of the visa or a delay in gaining permanent residency.

Also Read: Partner Visa Australia: All You Need To Know

Wrapping Up

Partner visa 309 is an important choice for foreign international students who wish to be reunited with their Australian partner. The partner visa 309 enables offshore applicants to come to and remain in Australia as they make their way toward permanent residency. 

With knowledge of visa subclass 309 requirements, processing time, and conditions, you will be able to have a less anxious application process. If you require expert guidance, take the help of a visa agent Perth expert to maximise your approval prospects.

FAQs

1. Am I allowed to lodge an application for the Partner Visa 309 in Australia?

No, the offshore partner visa 309 is intended for applicants who are not in Australia at the time and during the time of decision.

2. Am I allowed to travel to Australia while waiting for my Subclass 309 Visa?

You can apply for a visitor visa, but it can be refused.

3. Is it possible to expedite the processing of the 309 partner visa?

Submit your application along with all supporting documents and respond to immigration requests on time. Take the help of a migration consultant in Perth if necessary.

4. Can I work on the subclass 309 visa?

You are permitted to work in Australia on the partner provisional visa.

5. What happens if my relationship breaks up while waiting for the visa?

You should report this to the immigration department at once. Unless in special situations, your visa can be revoked.