Subclass 309

Partner Visa – Subclass 309 (Provisional)

The Partner Visa (Subclass 309) is the temporary stage of the offshore partner visa pathway. It is for applicants who are outside Australia at the time of application and visa decision. This visa enables eligible partners to enter Australia and live with their sponsoring partner while progressing toward permanent residency.

Subclass 309 is generally followed by assessment for the Partner Visa (Subclass 100), subject to continued eligibility.

Who Can Apply for Subclass 309?

This visa may be suitable for applicants who:

• Are married to, or in a de facto relationship with, an Australian citizen, permanent resident, or eligible New Zealand citizen
• Are applying from outside Australia
• Are sponsored by their partner
• Can demonstrate a genuine and continuing relationship
• Meet health and character requirements

Eligibility must be met at the time of application and decision.

Genuine Relationship Requirement

Applicants must demonstrate that their relationship is genuine and ongoing. Evidence is generally assessed across four key areas:

• Financial aspects – shared finances, joint expenses, or financial support
• Nature of the household – shared living arrangements and responsibilities
• Social aspects – recognition of the relationship by family and friends
• Commitment – long-term plans and mutual support

Marriage alone does not automatically establish eligibility. De facto relationships usually require evidence of at least 12 months of living together unless exemptions apply.

What the Subclass 309 Visa Allows

Holders of the Subclass 309 visa may:

• Enter and live in Australia with their partner
• Work and study in Australia
• Travel in and out of Australia while the visa remains valid
• Access Medicare (subject to eligibility)
• Remain in Australia while awaiting assessment of the permanent stage

All entitlements are subject to visa conditions and current regulations.

Sponsorship Requirements

The sponsoring partner must:

• Be an Australian citizen, permanent resident, or eligible New Zealand citizen
• Agree to sponsor and support the applicant
• Meet sponsorship eligibility and character requirements
• Comply with sponsorship limitations under Australian migration law

Transition to Permanent Visa (Subclass 100)

After a specified period, applicants holding a Subclass 309 visa may be considered for the Partner Visa (Subclass 100). Assessment is based on:

• Continuation of the genuine relationship
• Compliance with visa conditions
• Updated evidence of the partnership

Grant of permanent residency depends on meeting requirements at the time of assessment.

Important Considerations

• Processing times vary depending on individual circumstances
• Accurate and consistent documentation is essential
• Applicants must remain outside Australia at the time of visa grant
• Relationship changes must be reported

Understanding Your Offshore Partner Visa Pathway

The Subclass 309 visa provides a pathway for offshore partners to reunite in Australia while progressing toward permanent residency. Understanding requirements and preparing appropriate documentation is an important part of this process.

Victory Group provides guidance to help applicants understand Subclass 309 requirements and application steps in line with current Australian immigration rules.