309 Visa (Offshore Partner): Complete 2026 Guide

309 vs 820: Which Do You Apply For?

The choice between the 309 and the 820 depends on where you are at the time of application. If you are outside Australia, you apply for the 309/100 (offshore pathway). If you are inside Australia, you apply for the 820/801 (onshore pathway). You cannot apply for the 820 from overseas, and you cannot apply for the 309 from within Australia. The outcomes are identical — both lead to permanent residence via the partner visa pathway. The practical difference is that 309 holders travel to Australia after the visa is granted, whereas 820 applicants are already in Australia when they apply. Some couples use the 309 pathway when the applicant is currently overseas for work or family reasons and intends to relocate to Australia.

Who Is Eligible for the 309?

Applicant: you must be outside Australia when you apply for the 309; you can be inside or outside Australia when it's decided. Your sponsor must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen living in Australia. Relationship: you must be married or in a genuine de facto relationship. De facto applicants must show the relationship has existed for at least 12 months before lodging, unless you can show compelling and compassionate circumstances, you have a registered relationship with an Australian state or territory, or your partner holds, held, or is applying for a permanent humanitarian visa (Home Affairs sets out the exact conditions on each of these). Both parties must be 18 or over. Sponsor limits: your sponsor must not have exceeded the partner/prospective marriage visa sponsorship limits. If your sponsor has previously sponsored a partner visa, a migration agent can confirm whether additional sponsorship is permitted.

Evidence: Same Four Categories as the 820

The evidentiary requirements for the 309 are the same as the 820 — the Department assesses your relationship across financial, social, household, and commitment categories. The key challenge for offshore applicants is demonstrating cohabitation and shared household when you may have been living in different countries. For couples who have not yet lived together full-time, explain this clearly in your personal statement and compensate with strong evidence in the other three categories. Financial: joint accounts or evidence of financial support and transfers between partners. Social: Form 888 declarations — you may be asked to submit up to 3 separate statements — from Australian citizens or permanent residents who know you as a couple; photographs together; evidence of shared social recognition. Household: shared addresses where applicable; if not living together, explain why and document the genuine long-distance relationship with communication records, travel history, and visit evidence. Commitment: marriage certificate or registered relationship certificate; personal statements from both partners; evidence of shared future planning.

Costs and Processing Times

The combined 309/100 government application fee is AUD $11,710 for the primary applicant, current as at 1 July 2026. Secondary applicants 18+: AUD $5,860. Children under 18: AUD $2,935. You'll also have costs for a health examination, police certificates and biometrics — Home Affairs doesn't publish a fixed figure for these, since the amount depends on the clinic, country and provider involved. For the period ending 30 June 2026 (published 4 August 2026), Home Affairs reported the offshore 309 took 13 months for the fastest 25% of applications, 17 months for the fastest 50%, 24 months for 75%, and 30 months for 90%. Once the 309 is granted, you can travel to Australia and remain lawfully. The permanent 100 stage is assessed once 2 years have passed since you applied for the 309/100 (or sooner in some circumstances — see below), following the same process as the 801 for onshore applicants.

After the 309 Is Granted

Once the 309 is granted you can travel to Australia and begin your life there. You have full work and study rights, and — depending on your circumstances — you may be able to access Medicare while you wait for a decision on the permanent 100 visa. If you need to travel back to your home country or elsewhere, you can do so freely — you can travel to and from Australia as many times as you want while you hold the 309. Two years after you applied, the Department can assess your case for the permanent 100 visa (sooner in some circumstances). Keep thorough records of your shared life in Australia — bank statements, shared address documentation, photographs, and declarations — during the waiting period, since your relationship must still be genuine and continuing at that point.

Subclass 100: The Permanent Partner Visa

The Subclass 309 is only the temporary first stage. The permanent stage is the Subclass 100. You do not lodge a separate application and pay a second visa charge for the 100 — it is part of the same combined application you made for the 309. The Department assesses your eligibility for the permanent Subclass 100 around two years after you first lodged, checking that your relationship is still genuine and continuing. If it is, the 100 is granted and you become a permanent resident. In some cases — typically where you had been in a long-term relationship at the time of application — the permanent 100 can be granted at the same time as, or shortly after, the 309 without the usual two-year wait. Keep gathering relationship evidence across the waiting period, because the second-stage assessment looks at the relationship up to that point, not just at the date you first applied.

Can I travel to Australia before the 309 is granted?

Not on the 309 — it is not yet granted. However, you may be able to visit on a visitor visa (subclass 600) while your 309 application is being processed. Be aware that the Department may scrutinise visitor visa applications from people with a pending partner visa.

What if I enter Australia before the 309 is decided?

If you enter Australia on another visa while your 309 is pending, you may be able to switch to the 820 pathway. This is complex and depends on your circumstances — seek migration advice before travelling.

How long can I stay in Australia on the 309?

The 309 doesn't carry a fixed multi-year validity period. You can stay in Australia until your permanent 100 visa application is finalised, or until you withdraw it.

What is the difference between the 309 and 100 visa?

The 309 is the temporary offshore partner visa. The 100 is the permanent offshore partner visa. They are lodged together as one application. The 309 is granted first and provides temporary status; the 100 is assessed once 2 years have passed since you applied (sooner in some circumstances) and, if granted, provides permanent residence.