Offshore Temporary Partner Visas
Partner Visa Subclass 309
The subclass 309 is the temporary offshore partner visa for applicants who are outside Australia when they lodge and are the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen. Once granted it allows you to enter and live in Australia with full work and study rights while the permanent stage of the partner visa is assessed.
Reviewed by Weiwei Zhang, Principal Lawyer Last updated 30 July 2026
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The subclass 309 partner visa allows the partner of an Australian citizen, permanent resident or eligible New Zealand citizen to enter and live in Australia while their partner visa application is assessed. You must be outside Australia when you lodge. Since 25 November 2023 your location when the 309 is decided no longer matters.
Your partner must sponsor you and meet the sponsorship requirements. One application charge of AUD $11,710 covers both the temporary and permanent stages.
Your partner must sponsor you and meet the sponsorship requirements. One application charge of AUD $11,710 covers both the temporary and permanent stages.
There is no bridging visa on the offshore pathway, so you have no automatic right to be in Australia while the 309 is pending.
Eligibility
Who Is Eligible for the 309 Visa
Short answer
To be eligible for the subclass 309 you must be outside Australia when you lodge, be the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen, be sponsored by that partner, and meet the health and character requirements. Since 25 November 2023 your location at the time of decision no longer matters.
To be eligible for the subclass 309 you must be outside Australia when you lodge, be the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen, be sponsored by that partner, and meet the health and character requirements. Since 25 November 2023 your location at the time of decision no longer matters.
The Department of Home Affairs sets out the core criteria on its subclass 309 visa listing. The relationship must be either a marriage recognised under Australian law, or a de facto relationship. If you are applying as a de facto partner, you generally need to show you have lived together for at least 12 months before lodgement. That 12 month requirement does not apply if your relationship is registered with an Australian state or territory registry, or if compelling and compassionate circumstances apply.
Your sponsor must usually be aged 18 or over. A sponsor may only sponsor two partners in their lifetime, and there is generally a five year wait between sponsorships. Sponsors with certain criminal convictions must disclose them, and the Department may refuse the sponsorship on character grounds.
Your sponsor must usually be aged 18 or over. A sponsor may only sponsor two partners in their lifetime, and there is generally a five year wait between sponsorships. Sponsors with certain criminal convictions must disclose them, and the Department may refuse the sponsorship on character grounds.
Eligibility at a Glance
You are outside Australia when you lodge the application
You are married to, or in a de facto relationship with, your sponsor
Your sponsor is an Australian citizen, permanent resident or eligible New Zealand citizen
You have lived together for at least 12 months, or your relationship is registered, or compelling circumstances apply
Your sponsor has not exceeded the lifetime sponsorship limit
You meet the health requirement
You meet the character requirement
You hold a substantive visa, or you can satisfy Schedule 3 criteria
Subclass 309 or Subclass 820
Which One Applies to You
The difference is where you are when you lodge. The subclass 309 is the offshore application. The subclass 820 is the onshore application. You cannot switch between them after lodgement, so the choice has to be right at the start. The most common error is lodging the wrong one because a visitor visa happened to be in place at the time.
Subclass 820 compared with subclass 309
Subclass 309 (Offshore)
Subclass 820 (Onshore)
Where you are when you lodge
Outside Australia
In Australia
Location when it is decided
No longer relevant
No longer relevant
Bridging visa while you wait
No
Yes, with work and study rights
Base application charge, primary applicant
AUD $11,710
AUD $11,710
Schedule 3 criteria can apply
No
Yes, if no substantive visa held
For offshore applications, see Partner Visa (820 Onshore).
Not sure whether the offshore or onshore pathway applies to you, or whether the sponsorship limit affects you?
Our Guarantee
No
Visa?
No
Fee.
If your standard partner Visa application is refused, we refund our professional fees in full.
This isn't a gimmick. We only accept matters we believe in. When we take your case on, we are invested in your outcome.
This isn't a gimmick. We only accept matters we believe in. When we take your case on, we are invested in your outcome.
The MML GUARANTEE
Visa Refused? Full Professional fee refund.
Covers standard 820 partner visa applications
Covers standard 309 partner visa applications
Covers Prospective Marriage Visa 300 applications
Professional fees refunded in full if visa refused
Government fees paid to department -- non-refundable
Applies to standard applications
This guarantee applies to straightforward partner visa applications without Schedule 3 issues, character concerns, or health complications. Complex matters are assessed individually. Full terms provided at engagement.
PARTNER VISA VIDEO
Subclass 309 Partner Visa Australia Explained
Watch My Migration Lawyers’ video guide to the Subclass 309 Partner Visa, covering eligibility requirements, the application process, supporting evidence, processing stages and common issues to avoid
Special Circumstances
What if You Do Not Meet the Standard 309 Requirements
Short answer
The subclass 309 can still be available where you do not meet the standard requirements. The four situations that come up most often are being in Australia when you want to lodge, a sponsor who has sponsored a partner before, a relationship that has ended or a sponsor who has died, and same sex couples.
The subclass 309 can still be available where you do not meet the standard requirements. The four situations that come up most often are being in Australia when you want to lodge, a sponsor who has sponsored a partner before, a relationship that has ended or a sponsor who has died, and same sex couples.
If You Are Currently in Australia
You cannot lodge a subclass 309 while you are in Australia. If you are here on a visitor visa or any other visa, you either depart and lodge the 309 from outside Australia, or you lodge the onshore Partner Visa (820 Onshore) instead. The two cannot be swapped after lodgement, and the charge is not refunded if you lodge the wrong one.
If Your Sponsor Has Sponsored a Partner Before
A sponsor may sponsor a maximum of two partners in their lifetime, and there is generally a five year wait between sponsorships. Sponsorship can also be refused on character grounds or where a sponsorship bar applies. Check this before lodging, because a refused sponsorship ends the application. See Sponsorship Limitations.
If the Relationship Has Ended or Your Sponsor Has Died
The subclass 309 can still proceed in limited circumstances where the relationship has ended, including where there has been family violence, where there is a child of the relationship, or where the sponsor has died. Since 25 November 2023 offshore applicants also have their own review rights rather than relying on the sponsor. See Family Violence Provisions.
Same Sex and LGBTI Couples
Same sex couples are eligible for the subclass 309 on exactly the same basis as any other couple, as married partners or as de facto partners. There is no separate visa and no additional test. Evidence requirements can be harder to satisfy where a couple has had reason to keep the relationship private, and that is worth addressing directly in the application. See Partner Visa LGBTI.
Lodging from the wrong side of the border, sponsorship limits and family violence matters are all assessed differently. Have yours reviewed first.
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What the visa allows
What Can You Do on a 309 Visa
Short answer
Once granted, the subclass 309 allows you to enter Australia, live here, work without restriction, study, travel in and out of the country, and enrol in Medicare. It stays valid until the permanent stage of your partner visa is decided. None of these rights exist before the 309 is granted.
Once granted, the subclass 309 allows you to enter Australia, live here, work without restriction, study, travel in and out of the country, and enrol in Medicare. It stays valid until the permanent stage of your partner visa is decided. None of these rights exist before the 309 is granted.
Enter and Live Anywhere in Australia
The 309 is your entry visa. No location condition applies once you are here.
Work Without Restriction
Full work rights, with the same minimum wage protections as any other worker in Australia.
Study Without Restriction
Government tuition assistance is not available, and some institutions charge international student fees.
Travel in and Out of Australia
No further permission needed once the subclass 309 is granted. You must make your first entry by the date on your grant notice.
Enrol in Medicare
Subclass 309 holders are generally eligible to enrol in Australia's public health system.
Enrol in the Adult Migrant English Program
Available to subclass 309 holders who are eligible for the program.
Nothing Applies Until the 309 Is Granted
There is no bridging visa on the offshore pathway. Until the subclass 309 is granted you have no right to enter or remain in Australia on the strength of the application, and you will need a separate visa to visit.
How Long It Stays Valid
The subclass 309 stays valid until the Department decides the permanent stage. You must tell the Department if your circumstances change, including your address, your relationship status, or the birth of a child. You can withdraw the application at any time, but the charge is not refunded.
Want to confirm what you can and cannot do before the 309 is granted?
Cost
How Much Does the 309 Visa Cost
Short answer
The base application charge for the subclass 309 is AUD $11,710 for the primary applicant as at 1 July 2026. That single charge covers both the temporary and the permanent stage. Additional applicants aged 18 or over attract $5,860 each, and applicants under 18 attract $2,935 each.
The base application charge for the subclass 309 is AUD $11,710 for the primary applicant as at 1 July 2026. That single charge covers both the temporary and the permanent stage. Additional applicants aged 18 or over attract $5,860 each, and applicants under 18 attract $2,935 each.
Primary applicant
$
11,710
Covers both the temporary and permanent stage. No further Department charge later.
Additional applicant 18+
$
$5,860
Per additional applicant aged 18 or over included in the subclass 309 application.
Additional applicant under 18
$
2,935
Per dependent child included in the subclass 309 application.
Subclass 309 cost breakdown
Item
Amount
Base charge, primary applicant
AUD $11,710
Additional applicant 18 or over
AUD $5,860
Card payment surcharge
1.4%
Subclass 300 holder, primary
AUD $1,955
Health examinations
$400 to $600 per adult
Police clearances
$50 to $200 per country
NAATI translation
$30 to $80 per page
Professional fees
Quoted in writing
The application charge is paid to the Department of Home Affairs and is not refundable if the application is withdrawn or refused. Clients pay Department charges directly through their own ImmiAccount, so the money never passes through a third party.
Offshore applicants often carry additional costs the onshore pathway does not: police certificates from several countries, document translation, and travel to a panel physician where there is no clinic nearby.
The Department applies a 1.4% surcharge to online card payments, which adds approximately $164 to an $11,710 charge.
Department charges are set by the Department of Home Affairs and typically increase on 1 July each year. Use the Department's visa pricing estimator or the current visa pricing table to confirm the exact charge for your circumstances.
Offshore applicants often carry additional costs the onshore pathway does not: police certificates from several countries, document translation, and travel to a panel physician where there is no clinic nearby.
The Department applies a 1.4% surcharge to online card payments, which adds approximately $164 to an $11,710 charge.
Department charges are set by the Department of Home Affairs and typically increase on 1 July each year. Use the Department's visa pricing estimator or the current visa pricing table to confirm the exact charge for your circumstances.
Get a written quote for professional fees before you commit to anything.
Processing Time
How Long Does the 309 Visa Take
Short answer
On the Department of Home Affairs processing times guide, 50% of subclass 309 applications are decided within 16 months of lodgement and 90% within 27 months. These are historical figures, not a commitment. Offshore times vary more than onshore because they depend on your country of application.
On the Department of Home Affairs processing times guide, 50% of subclass 309 applications are decided within 16 months of lodgement and 90% within 27 months. These are historical figures, not a commitment. Offshore times vary more than onshore because they depend on your country of application.
Processing time reference
Measure
Time from lodgement
50% of applications decided within
16 months
90% of applications decided within
27 months
Permanent stage assessment begins
Approx. 2 years after lodgement
Processing time is not a queue position. A complete application lodged today can be decided before an older application that is missing documents. The factors that most affect timing are the completeness of your evidence at lodgement, the strength of your relationship evidence, health and character checks, and whether the Department needs to request further information.
Some case officers issue only one request for further information before deciding the application on the material in front of them. That is the practical reason to lodge with your evidence complete rather than intending to supply it later.
Some case officers issue only one request for further information before deciding the application on the material in front of them. That is the practical reason to lodge with your evidence complete rather than intending to supply it later.
A complete application at lodgement is the one factor you control. We can check yours before it goes in.
Relationship Evidence
What Evidence Do You Need for the 309 Visa
Short answer
Migration Regulation 1.15A requires the Department to assess four aspects of your relationship: the financial aspects, the nature of the household, the social context of the relationship, and the nature of your commitment to each other. You need documentary evidence across all four. Weakness in any single category is a common cause of refusal.
Migration Regulation 1.15A requires the Department to assess four aspects of your relationship: the financial aspects, the nature of the household, the social context of the relationship, and the nature of your commitment to each other. You need documentary evidence across all four. Weakness in any single category is a common cause of refusal.
Financial Aspects
Joint bank accounts and transaction history, shared liabilities such as a mortgage or lease, joint utility accounts, evidence of pooling income, insurance policies naming each other, and evidence of how you divide expenses.
Nature of the Household
Evidence of your domestic arrangements: a lease or title in both names, mail addressed to both of you at the same address, shared household bills, and a statement describing how you divide domestic responsibilities. Where you have lived apart, explain the arrangement and how you maintained the household.
Social Context
Evidence that others recognise your relationship: photographs across the span of the relationship, invitations addressed to you as a couple, joint travel, social media where relevant, and statutory declarations from people who know you both.
Nature of the Commitment
Evidence of the duration and permanence of the relationship: how long you have been together, periods of separation and how you maintained the relationship, future plans, and your own written statements. Offshore applications almost always involve periods apart, so communication records and visit evidence carry more weight here than on the onshore pathway.
Documents Commonly Required
Certified passport and identity documents for both parties
Marriage certificate, or relationship registration certificate, or evidence of 12 months cohabitation
Form 888 statutory declarations from at least two supporting witnesses
Relationship statements from both the applicant and the sponsor
Joint financial documents covering the length of the relationship
Proof of shared address
Police certificates for every country lived in for 12 months or more in the last 10 years
Health examination results from a Department-approved panel physician
Sponsor identity, citizenship or residency evidence, and character disclosures
Have your relationship evidence assessed against all four regulatory categories.
Refusals
Why Are 309 Visa Applications Refused
Short answer
Most subclass 309 refusals are not caused by a relationship the Department considers false. They are caused by thin evidence in one of the four mandatory relationship categories, an incomplete sponsorship application, lodging from inside Australia, or a failure to respond adequately to a request for further information.
Most subclass 309 refusals are not caused by a relationship the Department considers false. They are caused by thin evidence in one of the four mandatory relationship categories, an incomplete sponsorship application, lodging from inside Australia, or a failure to respond adequately to a request for further information.
Common Refusal Grounds
Insufficient evidence in one of the four relationship categories, most often financial
De facto cohabitation under 12 months with no registered relationship and no compelling circumstances
Form 888 declarations that are generic or made by witnesses who do not meet the requirements
Sponsorship refused on character grounds, or the lifetime sponsorship limit already reached
The applicant was in Australia at the time of lodgement, so the offshore criteria were not met
Health requirement not met by the applicant or a dependent family member
Adverse immigration history, including previous refusals or cancellations not addressed in the application
A request for further information answered late or answered incompletely
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The Process
How to Apply for the 309 Visa
Short answer
The subclass 309 is lodged online through ImmiAccount while you are outside Australia. You and your sponsor complete separate applications that are linked, upload identity and relationship evidence, pay the application charge, and complete health examinations. The Department prefers applications to be decision ready at lodgement.
The subclass 309 is lodged online through ImmiAccount while you are outside Australia. You and your sponsor complete separate applications that are linked, upload identity and relationship evidence, pay the application charge, and complete health examinations. The Department prefers applications to be decision ready at lodgement.
0
1
2
3
4
5
6
7
8
01
Confirm You Are Outside Australia
Check your eligibility and your sponsor's, including the sponsorship limit and any character disclosures. You must be offshore at lodgement.
02
Compile Relationship Evidence
Gather documents across all four regulatory categories before you go near ImmiAccount.
03
Obtain Police Certificates
One for every country you have lived in for 12 months or more in the last 10 years.
04
Create an ImmiAccount
Complete the applicant form for the subclass 309 from outside Australia.
05
Upload Your Documents
Upload everything before you pay the charge, so the application is decision ready when it lodges.
06
Pay the Charge and Lodge
The base application charge is AUD $11,710 for the primary applicant.
07
Link Your Sponsor
Give your Transaction Reference Number to your sponsor so they can lodge the linked sponsorship application.
08
Health Checks, Then Keep Evidence Current
Complete health examinations with a panel physician in your country, then keep adding fresh relationship evidence while the application is pending.
There is no physical visa label. Once granted, the subclass 309 is recorded digitally against your passport and confirmed by a grant notice, which will state the date by which you must make your first entry to Australia.
Have your subclass 309 reviewed before you pay the charge and lodge.
While You Wait
Can You Come to Australia While Your 309 Is Pending
Short answer
Only on a separate visa in your own right. There is no bridging visa on the offshore pathway, so a pending subclass 309 gives you no right to enter or remain in Australia. Most applicants who want to visit apply for a visitor visa, which is assessed on its own merits.
A visitor visa application is assessed against the genuine temporary entrant requirement. A pending partner visa is not automatically fatal to that, but it is a factor the case officer weighs, and it is why some visitor visa applications are refused while a 309 is on foot. Get advice before you lodge one.
Check any visitor visa you are granted for a no further stay condition. That condition does not stop the subclass 309 being decided, because the 309 is an offshore application, but it does prevent you applying for most other visas while you are in Australia.
Since 25 November 2023 you do not need to leave Australia for the subclass 309 to be granted. If you are lawfully here on another visa when the decision is made, the 309 can still be granted.
Only on a separate visa in your own right. There is no bridging visa on the offshore pathway, so a pending subclass 309 gives you no right to enter or remain in Australia. Most applicants who want to visit apply for a visitor visa, which is assessed on its own merits.
A visitor visa application is assessed against the genuine temporary entrant requirement. A pending partner visa is not automatically fatal to that, but it is a factor the case officer weighs, and it is why some visitor visa applications are refused while a 309 is on foot. Get advice before you lodge one.
Check any visitor visa you are granted for a no further stay condition. That condition does not stop the subclass 309 being decided, because the 309 is an offshore application, but it does prevent you applying for most other visas while you are in Australia.
Since 25 November 2023 you do not need to leave Australia for the subclass 309 to be granted. If you are lawfully here on another visa when the decision is made, the 309 can still be granted.
Planning to visit Australia while your 309 is pending? Have the visitor visa assessed alongside it.
After the Grant
What Happens After the 309 Is Granted
Short answer
The subclass 309 is temporary. Your grant notice states a date by which you must make your first entry to Australia. Around two years after your original lodgement date, the Department assesses the permanent stage. You must show the relationship is still genuine and continuing at that point.
The most common mistake at the permanent stage is assuming approval follows automatically from the 309 grant. It does not. The Department reassesses your relationship against the same four regulatory categories, using evidence from the period after the 309 was granted. Keep adding financial, household and social evidence to ImmiAccount throughout the temporary stage rather than reconstructing two years of evidence at the end. In limited cases, where the relationship has been long standing or there is a dependent child, the Department may decide both stages together rather than waiting the two years.
The subclass 309 is temporary. Your grant notice states a date by which you must make your first entry to Australia. Around two years after your original lodgement date, the Department assesses the permanent stage. You must show the relationship is still genuine and continuing at that point.
The most common mistake at the permanent stage is assuming approval follows automatically from the 309 grant. It does not. The Department reassesses your relationship against the same four regulatory categories, using evidence from the period after the 309 was granted. Keep adding financial, household and social evidence to ImmiAccount throughout the temporary stage rather than reconstructing two years of evidence at the end. In limited cases, where the relationship has been long standing or there is a dependent child, the Department may decide both stages together rather than waiting the two years.
Planning for the permanent stage from the start makes it considerably easier.
Questions
Subclass 309 Frequently Asked Questions
Answers to the questions Indonesians applicants ask most often. See also our 30 protection visa FAQs and 30 LGBT protection visa FAQs.
Can I Apply for the 309 Visa From Inside Australia
No. You must be outside Australia when you lodge the subclass 309. If you are in Australia when you lodge, the equivalent application is the Partner Visa (820 Onshore).
Do I Need to Be Married to Apply for the 309 Visa
No. You can apply as a de facto partner. You generally need to show at least 12 months of living together before lodgement, unless your relationship is registered with an Australian state or territory registry or compelling circumstances apply.
Do I Have to Be Outside Australia When the 309 Is Granted
No, not since 25 November 2023. You must be outside Australia when you lodge, but your location when the decision is made no longer affects the grant. If you are in Australia lawfully on another visa, the subclass 309 can still be granted.
Can I Work in Australia While My 309 Is Pending
Not on the strength of the subclass 309. There is no bridging visa on the offshore pathway. Work rights begin only when the 309 is granted, or if you separately hold another visa that permits work.
Am I Eligible for Medicare on a 309 Visa
Yes. Subclass 309 holders are generally eligible to enrol in Medicare once the visa is granted and they have entered Australia. There is no Medicare access while the application is pending.
How Many Times Can My Partner Sponsor Someone
A sponsor may sponsor a maximum of two partners in their lifetime, and there is generally a five year wait between sponsorships. Limited exceptions apply where compelling circumstances exist.
Is the 309 Application Charge Refundable if My Visa Is Refused
No. The application charge is not refunded if the application is refused or withdrawn. This is one reason to have the application assessed before lodgement rather than after a refusal.
When Do I Have to First Enter Australia on a 309 Visa
Your grant notice states the date by which you must make your first entry. Entering after that date is not permitted on the visa, so check the notice as soon as you receive it and plan travel around it.
Can the Permanent Stage Be Granted at the Same Time as the 309
In limited cases, yes. Where the relationship has been long standing, or where there is a dependent child of the relationship, the Department may decide both stages together instead of waiting the usual two years. It is not automatic.
Can I Include My Children in My 309 Application
Yes. Dependent children can be included as secondary applicants, which attracts an additional charge per child. Each child must meet health and character requirements.
About the Reviewer
Who Reviewed This Page
Weiwei Zhang is an Australian lawyer practising exclusively in Australian migration law and is the Principal Lawyer at My Migration Lawyers. She reviews the firm's published legal guidance for accuracy.
Weiwei Zhang
Managing Director and Principal Lawyer, My Migration Lawyers
Weiwei Zhang
Principal Lawyer
Weiwei Zhang is an Australian lawyer practising exclusively in Australian migration law and is the Principal Lawyer at My Migration Lawyers. She reviews the firm's published legal guidance for accuracy.
Last Reviewed
16 September 2026
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