Partner Visa (Provisional & Migrant) (Subclass 309/100)

Live in Australia With Your Partner Through an Offshore PR Pathway

The Partner Visa (Subclass 309/100) allows the partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to migrate to Australia from outside the country and progress toward permanent residency.

Our Registered Migration Agents in Melbourne assist offshore couples with relationship assessment, evidence preparation, and end-to-end visa lodgement, ensuring applications meet the strict legal and evidentiary standards applied by the Department of Home Affairs.

This visa is evidence-driven, not relationship-label driven.

What Is the Partner Visa (Subclass 820 / 801)?

The onshore Partner Visa pathway consists of two stages:

  • Subclass 820 – Temporary Partner Visa
  • Subclass 801 – Permanent Partner Visa

Applicants usually apply for both visas together, with the temporary visa granted first, followed by permanent residency once relationship criteria are satisfied.

This visa allows you to:

  • Live and work in Australia
  • Study in Australia
  • Access Medicare
  • Progress to Australian Permanent Residency
  • Apply for Australian citizenship (when eligible)

Who Can Apply for a Subclass 309/100 Partner Visa?

You may be eligible if you are in a genuine and continuing relationship as:

  • A married spouse, or
  • A de facto partner (usually at least 12 months, unless exempt)

And your partner is:

  • An Australian citizen
  • An Australian permanent resident
  • An eligible New Zealand citizen

The applicant must be outside Australia at the time of Subclass 309 decision.

Relationship Requirements (Non-Negotiable)

Your relationship must satisfy all four legal criteria:

1) Financial Aspects

Joint finances, shared expenses, financial dependence or interdependence.

2) Nature of the Household

Living arrangements, domestic responsibilities, shared residence evidence.

3) Social Aspects

Recognition of the relationship by friends, family, and community.

4) Commitment to Each Other

Length of relationship, future plans, communication history.

Offshore cases are scrutinised harder due to distance and cultural factors.

Eligibility Requirements – Subclass 309 / 100

✔ Genuine Relationship Evidence

Well-structured evidence covering past, present, and future of the relationship.

✔ Sponsorship

Your Australian partner must act as a formal sponsor and meet sponsorship obligations.

✔ Health & Character

Medical examinations and police clearances for all applicants.

✔ Offshore Location

You must be outside Australia when Subclass 309 is decided.

How the Offshore Partner Visa Process Works

  1. Relationship & Eligibility Assessment
  2. Evidence Mapping Against Legal Criteria
  3. Statutory Declarations & Relationship Statements
  4. Lodgement of Combined 309/100 Application
  5. Provisional Visa (309) Grant
  6. Permanent Visa (100) Assessment

Some long-term relationships may be considered for direct PR, but this is exceptional, not standard.

How V CAN Migration Services Helps

Offshore partner visas require strategy, not templates. Our structured approach includes:

  1. Relationship Strength & Risk Assessment
  2. Evidence Gap Analysis
  3. Document & Statement Structuring
  4. Sponsor Eligibility Review
  5. Visa Lodgement & Case Monitoring
  6. Subclass 100 PR Stage Planning

We focus on approval certainty, not rushed lodgement. Medical examinations and police clearances for all applicants.

Key Benefits of the Partner Visa (309/100)

Offshore Application

Ideal for applicants living outside Australia.

Full Work & Study Rights

Once in Australia, no work or study restrictions apply.

Permanent Residency Pathway

Progress from 309 → 100 (PR).

Family
Inclusion

Eligible dependent children can be included.

Critical Mistakes That Cause Refusals

  • Weak documentation from long-distance relationships
  • Inconsistent timelines and statements
  • Over-reliance on marriage certificates alone
  • Poor explanation of cultural or practical living arrangements

Partner visas are assessed legally, not emotionally.

Why Choose V CAN Migration Services?

  • Registered Migration Agent-led partner visa strategy
  • Strong experience with offshore partner cases
  • Evidence-focused, compliance-first approach
  • No shortcuts, no false guarantees

Need Help With a Partner Visa (Subclass 309/100) Application?

Speak with Registered Migration Agents at V CAN Migration Services – Melbourne for accurate residence assessment, substantial ties advice, and compliant RRV application lodgement.

Book an Appointment

Popular Migration Services

New Zealand Citizen Family Relationship Visa (Subclass 461)

Partner Visa (Provisional & Migrant) (Subclass 309/100)

Partner Visa (Temporary & Permanent) (Subclass 820/801)

Prospective Marriage Visa (Subclass 300)

Frequently Asked Questions (FAQs)

Find answers to common questions about the Partner Visa (Provisional & Migrant) (Subclass 309/100).

No. It is a temporary visa leading to PR (100).

Usually assessed after 2 years, depending on the case.

Yes. Full work rights apply.

No. De facto relationships are accepted with evidence.

Refusals are difficult to overturn. Proper preparation is critical.