Who this may suit
Spouses and de facto partners applying from outside Australia, couples living in different countries, and 309 holders preparing for permanent Partner assessment.
Key considerations
- The 309/100 application is lodged while the applicant is outside Australia. The sponsoring partner must be an Australian citizen, permanent resident or eligible New Zealand citizen.
- The provisional 309 and permanent 100 form one pathway with separate assessment stages. A 309 grant does not guarantee the permanent outcome.
- Current rules allow a 309 grant in or outside Australia. A pending offshore application does not itself give permission to enter, remain or work in Australia.
- Keep documents and family details current. Plan any visit or permanent move around the visa actually granted and its conditions.
From the offshore application to permanent residence
Apply for the provisional 309 and permanent 100 together and arrange the partner’s sponsorship. The first assessment concerns the provisional visa. If granted, the 309 supports living in Australia while the permanent application remains under consideration.
Permanent-stage assessment usually becomes available two years after the original application. Some applicants can be considered earlier, including those with a qualifying long-term relationship; certain humanitarian-related circumstances can also matter. Ask which rules apply before relying on a date.
At the appropriate stage, submit the permanent assessment information through ImmiAccount. Updated relationship evidence and other requested material remain important. Permanent residence is a further decision, rather than an automatic result of arriving in Australia or holding the 309 for a set period.
Compare 820/801, 309/100 and 300 pathways →
Evidence when life spans two countries
A clear timeline should connect your relationship milestones with travel, addresses and official records. Explain why you are apart, how you maintain the relationship and how you intend to live together. Do not leave a case officer to infer the meaning of an unexplained gap.
The evidence should describe shared financial arrangements, your household, social recognition and commitment. Use records that fit your circumstances: support payments, visits, communication, shared responsibilities and future plans can help explain life across borders. Photos are most useful when dated and placed in context.
- Check that dates and names agree across both partners’ statements and civil records.
- Include relevant documents about earlier marriages or relationships.
- Arrange English translations and retain the original-language documents.
- Use witnesses who can explain how they know you and what they have observed.
Prepare your evidence with the Partner visa checklist →
Applicant and sponsor checks
Both sides of the application need attention. Applicants must address identity, health and character requirements. Declare relevant criminal conduct truthfully and follow Home Affairs instructions about police certificates and any further documents.
The sponsor must provide evidence of qualifying Australian status and complete the sponsorship process. Earlier Partner sponsorships or the sponsor’s own migration history may require closer review. Criminal-history and child-protection checks can affect sponsorship approval, including requirements to consent to disclosure of relevant convictions.
Can an unemployed person sponsor a Partner visa? →
Including children before and after the 309 grant
Discuss all children at the start, including children who are not travelling. Eligibility, dependency, custody and consent issues can change the document plan. A child’s ability to join the application depends on the stage reached and the rules applying to that child.
After the parent receives a 309, an eligible child may need a 445 Dependent Child visa and then a separate request to join the pending permanent 100 application. The 445 grant alone does not complete that second step. A 445 holder can be in or outside Australia when added to the 100, provided the relevant requirements are met.
Visits, work and moving to Australia
You may be able to visit while waiting, but you need an appropriate visa and must meet its requirements. A Visitor visa requires a genuine temporary visit and does not allow work. The Partner application does not remove those conditions.
An offshore Partner application does not automatically provide a bridging visa for an Australian visit. Check your status and departure obligations separately. When a Partner visa is granted, read its entry instructions and conditions before booking travel or making irreversible commitments.
When the plan needs individual advice
Seek a tailored assessment for limited cohabitation, uncertain de facto eligibility, a marriage that may not be recognised in Australia, previous sponsorships, health or character concerns, refusal history or a child living with another parent.
Tell Home Affairs about relevant changes, including separation, a birth or a death. Family violence, bereavement and certain shared-parental-responsibility circumstances can affect continuing eligibility. For offshore applicants, the exact visa stage and whether you have entered Australia can matter; get advice rather than assuming either approval or refusal.
How we can help
Ausdirect can help review the pathway, reconcile relationship and travel histories, identify documents needed from each country and prepare the initial and permanent-stage material. We explain practical risks and the agreed service scope. A complete application still needs to satisfy Home Affairs; no outcome or decision date can be promised.
Questions to consider
Must I leave Australia for the 309 decision?
Not simply because it is called an offshore pathway. Current rules permit a 309 grant in or outside Australia, while the application must be lodged outside Australia. Check your individual visa position before changing travel plans.
Can we apply if we are not married?
The pathway includes eligible de facto partners. A relationship-duration requirement usually applies, with exceptions such as qualifying relationship registration and specified other circumstances. Dating alone does not establish a de facto relationship.
Does visiting Australia change the application to an 820?
No. A visit does not automatically change the visa pathway already applied for. Before considering a different application, get advice about eligibility, fees and the effect on the application already pending.
Does the usual two-year point mean permanent residence is granted then?
No. It is generally an eligibility point for assessment, measured from the original combined application. Exceptions exist, and Home Affairs must still assess the evidence and applicable requirements.
Your next step
Share where each partner lives, your relationship timeline, the sponsor’s Australian status and any children or planned travel so the consultation can focus on the decisions that matter.