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- Partner Visa Law
Partner Visa Subclass - 309/100 Lawyers Sydney
The Subclass 309/100 is the offshore partner visa pathway for spouses and de facto partners of Australian citizens, permanent residents, or eligible New Zealand citizens who are living outside Australia. PromptLaw’s Sydney migration lawyers manage every stage of your application, from eligibility assessment and relationship evidence preparation through to lodgement, Department communications, and grant.
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Temporary Partner Visa (Subclass 309)
To apply for the Subclass 309, you must provide comprehensive evidence demonstrating that your marriage or de facto relationship is genuine and continuing. The Department’s evidentiary threshold is high. Beyond relationship evidence, all applicants must also meet health and character requirements and submit supporting personal documents. Once satisfied, the Department grants the Subclass 309. Upon grant, you are entitled to travel to and live in Australia, work without restriction, and access Medicare.
Permanent Partner Visa (Subclass 100)
Approximately two years after the initial lodgement date, the Department assesses the same application for the permanent Subclass 100. At this stage, the relationship must still be genuine and ongoing. Evidentiary requirements at the permanent stage are equally rigorous. Once granted, you become a permanent resident of Australia with full access to all permanent resident entitlements.
Double Grant Long-Term Relationships
Where the relationship has been in place for three or more years at the time of lodgement, or two or more years if there is a dependent child, applicants may be eligible for a simultaneous grant of both the Subclass 309 and Subclass 100. Eligibility for a double grant is assessed as part of every initial consultation.
- Eligibility
Eligibility Requirements for the Partner Visa (Subclass 309/100)
Offshore Time of Application
You must be outside Australia when the application is lodged. The Subclass 309/100 is the offshore partner visa pathway and cannot be lodged from within Australia. If you are currently in Australia, the Subclass 820/801 pathway applies. Our lawyers confirm which pathway is correct for your situation before lodgement.
Relationship Requirements
Your sponsor must be an Australian citizen, permanent resident, or eligible New Zealand citizen aged 18 or older. Sponsorship is subject to lifetime limits, generally a maximum of two partners, with a five-year restriction between applications. Your sponsor’s character and criminal history can also affect the outcome of the application.
Health and Character Requirements
Age Requirement
You must be 18 years of age or older at the time of application. Limited exemptions may apply in certain circumstances. Our lawyers assess age eligibility, advise on any available exemptions, and help ensure the correct evidence is provided with your application.
If you are not legally married, your de facto relationship generally requires at least 12 months of cohabitation before applying. Exceptions may apply in certain circumstances. We assess your relationship history and supporting evidence to determine whether the requirements are met.
- Refusal Risks
Why Subclass 309/100 Applications Are Refused
A significant number of offshore partner visa applications are refused each year due to issues that could have been identified before lodgement. The most common grounds include:
• Insufficient relationship evidence: The application does not provide enough documentary evidence across the four statutory categories assessed by the Department, financial, household, social, and commitment, to satisfy the genuineness requirement.
• Inconsistency between evidence and statutory declarations: Statements from the applicant and sponsor contradict each other or do not align with the documentary record.
• Sponsorship eligibility issues: The sponsor does not meet the sponsorship criteria, has exceeded the lifetime sponsorship limit, or falls within the five-year restriction period between sponsorships.
• Health or character concerns not addressed: Medical findings or criminal history are not proactively managed through appropriate submissions before a decision is made.
• Incomplete or poorly organised documentation: Missing documents, expired certificates, or untranslated records create delays and raise concerns about the completeness and credibility of the application.
• De facto relationship evidence insufficient: For unmarried couples, the evidence of cohabitation and genuine partnership does not meet the Department’s requirements for the qualifying period.
- Documentation
Partner Visa 309/100 Documents Checklist for Offshore Applicants
The Department of Home Affairs assesses offshore partner visa applications based on the history of the relationship, cohabitation, the nature of the household, and shared financial responsibilities. A well-prepared, thoroughly organised application is critical to a successful outcome.
Passport and Identity Documents
Provide a valid passport, birth certificate, and any supporting identity documents for all applicants. All documents not in English must be accompanied by certified translations from a NAATI-accredited translator.
Evidence of Genuine Relationship
Provide joint bank account statements, shared financial records, lease agreements or mortgage documents confirming shared residence, photographic evidence across different stages of your relationship, and statutory declarations from friends, family, or colleagues who know you as a couple.
Sponsorship Documents
Provide proof of your sponsor's Australian citizenship, permanent residency, or eligible New Zealand citizen status, along with Form 40SP, the completed sponsorship application.
Relationship and Marriage Documents
Submit your marriage certificate if legally married. For de facto applicants, provide evidence demonstrating the history and genuineness of your relationship, including evidence of cohabitation, shared finances, and social recognition. Divorce certificates from any previous marriages must also be provided where applicable.
Regional Work or Study Evidence
Provide joint bank account statements, shared financial records, lease agreements or mortgage documents confirming shared residence, photographic evidence across different stages of your relationship, and statutory declarations from friends, family, or colleagues who know you as a couple.
Health and Character Documents
Complete your health examination through an approved panel physician and provide police clearance certificates, generally required for every country in which you have lived for 12 months or more in the past 10 years since turning 16.
- Processing Times
Subclass 309/100 Processing Time in Sydney
Processing times for the Subclass 309/100 are among the longest of any visa category. They vary significantly depending on the completeness of your application, health and character processing, and the Department’s current caseload.
The Department of Home Affairs publishes indicative processing times through its visa processing time guide. These timeframes should always be checked before lodgement because they are not guaranteed decision dates and change regularly.
A well-prepared, front-loaded application submitted at the time of lodgement reduces the risk of avoidable delays caused by requests for further information. Every application is monitored, and Department requests are responded to immediately.
- Our Process
Our Step-by-Step Partner Visa 309/100 Application Process
Consultation and Eligibility Assessment
We assess your relationship history, sponsorship eligibility, visa pathway, and any complicating factors before any application is lodged. Any risks, including sponsorship history, character concerns, or evidence gaps, are identified and addressed upfront. All fees are confirmed in writing before engagement.
Document Preparation
Your application file is built strategically, with relationship evidence organised across all four statutory categories assessed by the Department: financial, household, social, and commitment. Detailed relationship statements are prepared that address the Department's assessment criteria directly and comprehensively.
Submission and Communication
Your combined application and your sponsor's Form 40SP are lodged simultaneously. From that point, all Department correspondence is managed by PromptLaw. You will not need to respond to Department correspondence without legal guidance.
Monitoring Through to Grant
Your file is monitored throughout the processing period. At the Subclass 100 stage, updated relationship evidence is prepared and submitted to support the permanent stage assessment. If further information is requested at any point, a clear response supported by relevant evidence and submissions is prepared.
- Specialised Legal Support
Partner Visa 309/100 Problems? Our Sydney Lawyers Resolve Difficult Cases
Short Relationship or Limited Evidence
Where the relationship is relatively recent or the shared history of cohabitation is limited, we assess the available evidence, identify every document that supports genuineness, and prepare a file that directly addresses the Department's criteria. Every relationship is different, and the application strategy is tailored accordingly.
Health Requirement Concerns
If a health issue arises during processing, the Department's concerns are reviewed, medical evidence is assessed, and available legal options are identified. Depending on circumstances, this may involve responding to Department requests, preparing supporting submissions, or advising on alternative pathways where appropriate.
Character Issues and Criminal Records
A prior conviction does not automatically end offshore partner visa prospects, but it must be handled carefully. Section 501 character submissions are prepared, law enforcement is liaised with where required, and the matter is presented with clear evidence and legal submissions.
Sponsorship Complications
Where the sponsor has previously sponsored another partner, has a criminal history, or does not meet citizenship or residency requirements, the implications for the application are assessed and advice is provided on the available options.
Partner Visa Refusals and ART Appeals
Some refused Subclass 309/100 applications may be reviewable at the Administrative Review Tribunal, depending on the applicant's circumstances, location, visa status, and the details of the refusal decision. Strict time limits apply. If you have received a refusal letter, contact us immediately.
Relationship Breakdown During Processing
If your relationship ends while your visa is being processed, options depend on the circumstances. Family violence provisions, death of a sponsor, and other exceptional situations each have distinct legal pathways. We advise on the available options specific to your situation.
- Why CMI Legal
Why Sydney Clients Choose Our Team
Prompt response guarantee
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Sydney-based legal team
Experience with Department processes, Administrative Review Tribunal matters, and Sydney migration clients, not an offshore call centre.
Fixed and transparent legal fees
Confirmed in writing before you engage. No hourly billing surprises, just clear upfront pricing confirmed before we start work on your file.
MARA-registered lawyers only
Your matter is handled by MARA-registered migration agents and qualified migration lawyers throughout. No unregistered agents, no handoffs to junior staff.
Full-service law firm
If your matter touches property, commercial, employment, or other legal issues alongside migration, we handle it all within the same firm, with no referrals required.
Direct lawyer access
You receive direct access to an experienced migration lawyer handling your matter from start to finish.
- What Our Clients Say
Client Testimonials and Reviews
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- FAQs
Frequently Asked Questions
What is the Partner Visa Subclass 309/100?
The Subclass 309/100 is the offshore partner visa pathway for the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen who is living outside Australia. The Subclass 309 is the temporary first stage, and the Subclass 100 is the permanent second stage, assessed from the same application approximately two years after lodgement.
What is the difference between the Subclass 309/100 and the Subclass 820/801?
Both are partner visa pathways assessed from a single application over two stages. The key difference is location. The Subclass 309/100 is the offshore pathway, lodged when the applicant is outside Australia. The Subclass 820/801 is the onshore pathway, lodged when the applicant is already in Australia. The eligibility and evidence requirements are largely the same across both pathways.
Can I travel to Australia while my Subclass 309 application is being processed?
Yes. Once the Subclass 309 is granted, you can travel to and live in Australia. You may also be able to travel to Australia during the processing period on a separate visa if one is available to you. Our lawyers advise on visa options for travel during the processing period based on your passport and circumstances.
How do I prove my de facto relationship for the Subclass 309?
No. The Subclass 191 does not require you to remain with the same employer throughout your qualifying period. However, you must demonstrate that you have worked genuinely in the designated regional area for the required period. Changes in employer are generally acceptable provided your work remained in the regional area, and your employment records are well-documented.
What happens if my relationship breaks down while my Subclass 309 is being processed?
If your relationship ends while the visa is being processed, your options depend on the circumstances. Family violence provisions, death of a sponsor, and other exceptional situations each have distinct legal pathways. Contact us immediately if your relationship circumstances change during the processing period.
How long does the Subclass 309/100 take to process?
Processing times are among the longest of any visa category and vary depending on application completeness, health and character checks, and the Department’s current caseload. Current timeframes should be verified directly with the Department before lodgement, as they change regularly and are not guaranteed decision dates.
Can same-sex couples apply for the Subclass 309/100?
Yes. Same-sex couples have equal access to all Australian partner visas under the Migration Act 1958. PromptLaw’s partner visa lawyers regularly assist LGBTIQ+ couples with both the 309/100 and 820/801 streams, including in situations where same-sex relationships may not be formally recognised in the applicant’s home country.
Can I include my children in my Subclass 309/100 application?
Yes. Dependent children can be included as secondary applicants. Each secondary applicant must meet health and character requirements. Additional government fees apply for each dependent included in the application.
What happens if my Subclass 309/100 is refused?
Some refused Subclass 309/100 applications may be reviewable at the Administrative Review Tribunal, depending on the applicant’s circumstances, location, visa status, and the details of the refusal decision. Strict time limits apply. If you have received a refusal letter, contact us immediately.
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