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 at both the time of application and the time the 309 is 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 have a registered relationship with an Australian state or territory or have a dependent child together. 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 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 $9,095 for the primary applicant. Secondary applicants 18+: AUD $4,550. Children under 18: AUD $2,275. Health examination: AUD $300–$600. Police clearances: AUD $50–$200 per country. Migration agent fees: AUD $2,000–$4,500 typically. Processing for the 309 temporary stage: 12–20 months for 50% of applications, up to 28+ months for 90% (2026 data). The 309 is processed slower than the 820 in some cases because the Department must also process a travel facility — allowing the applicant to travel to Australia. Once the 309 is granted, you can travel to Australia and remain lawfully. The 100 permanent stage is assessed automatically around two years after lodgement, 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 rights and can access Medicare. If you need to travel back to your home country or elsewhere, you can do so freely — the 309 is a multiple-entry visa. At the two-year mark from lodgement, the Department will request updated evidence of your continuing relationship before assessing the permanent 100 visa. Keep thorough records of your shared life in Australia — bank statements, shared address documentation, photographs, and declarations — during the waiting period. Strong updated evidence at the 100 assessment stage is what delivers permanent residence.

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 has a five-year validity period. You can live in Australia for the entire duration while the 100 permanent visa is being assessed.

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 automatically after two years and provides permanent residence.