Your expert guide to: The 309 partner visa

If you and your partner are married when you lodge your application, you’ll need to meet the following requirements to be eligible for a 309 partner visa:

• Your marriage must be considered legally valid in Australia
• You and your partner must have a mutual commitment to a shared life as a married couple to the exclusion of all others
• Your relationship is genuine and continuing
• You either live together, or you do not live separately and apart on a permanent basis

If you and your partner aren’t married, you’ll need to meet the following requirements to be eligible for a 309 partner visa:

• You and your partner have a mutual commitment to a shared life to the exclusion of all others
• Your relationship is genuine and continuing
• You either live together, or you do not live separately and apart on a permanent basis
• You are not related by family
• That you have been in a relationship for a minimum period of 12 months at the time of lodging your 309 partner visa application

There are exceptions to the 12-month minimum relationship period in some circumstances, including if:

• You can demonstrate that compelling and compassionate circumstances exist for grant of the 309 partner visa
• Your sponsoring partner either is (or was) the holder of a permanent humanitarian visa, and before the grant of that visa had declared the existence of your de-facto relationship to Immigration
• Your sponsor has applied for a permanent humanitarian visa
• Your relationship is registered with an Australian State or Territory government

• You must be married or in a de-facto relationship with an Australian citizen/permanent resident, or an eligible New Zealand citizen.
• You and your partner wish to live in Australia.
• You must be located offshore when lodging your 309 partner visa application.

• As well as identification documents, you’ll need to submit evidence of how your relationship meets social, household, financial and commitment requirements.
• Make sure all your documented evidence follows 309 partner visa requirements, such as scanned colour copies, and any documents not in English will need to be translated.
• Take note of timelines and deadlines that apply to your provisional partner visa application.

See our evidence and document checklist.

• Submit your 309 partner visa application online with the Department of Home Affairs on ImmiAccount. You’ll need to lodge a combined application for a subclass 309/100 partner visa. You will initially only be assessed for the 309 provisional partner visa and if successful, will be granted a temporary partner visa.
• Keep an eye on your application and track updates, correspondence or Requests for Further Information (RFI) and make sure that you follow the deadlines for supplying any additional requested information.
• If your 309 partner visa is refused, you might be eligible to get your case reviewed by the Administrative Review Tribunal, but strict deadlines and conditions apply. Get in touch with one of our expert immigration lawyers at PAX Law to find out more about your options if you’re facing a visa refusal.

If your provisional partner visa (309) is granted, you’ll be allowed to live, work, study and travel in and out of Australia.

After two years have passed, your application will be reassessed for a permanent partner visa (100). You’ll need to submit additional evidence to Immigration to confirm that you still meet the partner visa requirements (e.g. that you remain in a married or de-facto relationship with your Australian partner).

• A written statement or Statutory Declaration about your relationship, covering the history of your relationship and relationship aspects (financial, social, household, nature of commitment)
• Marriage certificate or relationship registration certificate

• You’re able to demonstrate knowledge of each other’s background, family situation or other personal details
• Documents that show how you’ve combined your personal matters
• Proof of correspondence and that you stay in touch while apart, e.g. letters, text messages, phone calls
• Documents showing how long you have been in a relationship and how long you’ve lived together
• You and your partner’s legal wills
• Documents that demonstrate your intention to continue in a long-term relationship, e.g. showing how you have combined affairs, evidence of symbols of commitment like an engagement ring or details of pregnancy (if relevant)
• For de-facto relationships, include evidence that you are not related by family

• Joint mortgage or lease documents
• Joint loan documents for major assets like cars, significant appliances, shares
• Joint bank account statements, or separate bank account statements that highlight relationship expenditures
• Any other documents showing that you share your finances, e.g. household bills, money transfers and direct debits, other evidence of financial support provided to each other (or family members)
• Documents showing that you and your partner have taken on legal commitments as a couple, or that one person owes a legal obligation

• A written statement describing your living arrangements and how you distribute responsibility for housework
• Documents that show joint responsibilities for children e.g. court order, custody or guardianship documents, evidence of Centrelink benefit payments
• Documents that prove your living arrangements, like mail addressed to you and your partner at the same address

• At least two Form 888s – these are statutory declarations provided by supporting witnesses and mutual friends confirming that your relationship is genuine
• Joint invitations to events and other evidence that you go out together, like photos taken during social outings
• Social media profiles
• Documents showing that you and your partner have declared your relationship to government bodies, commercial or public institutions or other authorities, e.g. Centrelink letter, acknowledging your relationship, letters from government bodies, tax return on which both your names are mentioned
• Evidence of travel together or future travel booked, e.g. joint travel itineraries, accommodation bookings, travel insurance

The 309 partner visa is sometimes referred to as a provisional partner visa – it’s a temporary visa that allows offshore partners of an Australian citizen or permanent resident, or eligible New Zealand citizens, to live in Australia with their spouse or de-facto partner.

You’ll need to pay a combined fee for the 309/100 offshore partner visa. Fees begin at $9,365 for the main applicant, with costs for additional applicants (e.g. dependent children) ranging from $2,345 to $4,685.

You should also keep in mind any additional costs that might apply, including medical examinations, character checks, translating original documents where they are not in English, and migration agent fees (if applicable).

The 309 partner visa is a temporary visa, but it’s designed to be used as a pathway to permanent residency with the linked subclass 100 partner visa.

Read more about applying for the joint 309/100 visa.

The current average processing time for a 309 partner visa is up to 2 years, with 50% of applications processed within the first 14 months.

Yes, but to visit your partner in Australia you’ll need to be granted another visa, like a visitor visa. You can be located onshore or outside Australia when you’re granted a 309 partner visa, but it’s important to keep your contact details up to date with the Department of Home Affairs to make sure you receive all correspondence.

If your partner visa is refused, you might be able to appeal the decision to the Administrative Review Tribunal (ART). This process is called a ‘merits review’. This option isn’t available in all cases and strict conditions and deadlines apply.