Introduction

The Partner subclass 309/100 visa allows offshore visa applicants who are married or in a defacto partner relationship with an Australian citizen, permanent resident or eligible New Zealand citizen to travel to and live in Australia. 

Although only one application is required to be lodged, partner visa applications are processed in two separate and distinct stages. The provisional subclass 309 application is processed first and allows the applicant to live in Australia while the permanent visa is processed, normally two years after the original application was lodged           (please note that there are circumstances where the visa applicant can be granted a subclass 100 permanent visa without having to wait for 2 years). 

What are the requirements for the visa to be granted?

The criteria for the grant of a subclass 309/100 are the same as for the onshore Partner subclass 820/801 visa, with the only difference being that the visa applicant for the 309/100 visa must be outside of Australia when the application is lodged and when the visa is granted.