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 309 / 100)?
The offshore Partner Visa pathway has two stages:
- Subclass 309 – Provisional Partner Visa (Temporary)
- Subclass 100 – Migrant Partner Visa (Permanent)
Applicants usually apply for both visas together, with:
- 309 granted first, and
100 (PR) assessed later once relationship requirements continue to be met.
This visa allows you to:
- Enter and live in Australia
- Work and study without restriction
- Access Medicare (after arrival)
- 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
- Relationship & Eligibility Assessment
- Evidence Mapping Against Legal Criteria
- Statutory Declarations & Relationship Statements
- Lodgement of Combined 309/100 Application
- Provisional Visa (309) Grant
- 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:
- Relationship Strength & Risk Assessment
- Evidence Gap Analysis
- Document & Statement Structuring
- Sponsor Eligibility Review
- Visa Lodgement & Case Monitoring
- 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
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)?
Speak with Registered Migration Agents at V CAN Migration Services – Melbourne for accurate advice and structured offshore partner visa lodgement.
Eligibility Requirements – SID (Subclass 482) Visa
Employer / Sponsor Requirements
- Labour Market Testing (LMT)
Employers must demonstrate genuine efforts to recruit locally unless exempt under international trade obligations.
- Minimum Salary Threshold
Sponsored workers must be paid:
- At least the Core Skills Threshold (CST)
- And in line with the Australian Market Salary Rate (AMSR)
Visa Applicant Requirements
- Work Experience
Applicants must demonstrate at least 12 months of relevant work experience in the nominated occupation.
- English Language Ability
Applicants must meet English language requirements unless an exemption applies.
- Police Clearance Certificates
Police clearances are required for every country lived in for 12 months or more over the last 10 years.
Need Advice on the Skills in Demand (SID) 482 Visa?
FAQs
Frequently Asked Questions
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 strong evidence.
Offshore refusals are hard to overturn. Proper preparation is critical.