Live and work
any job, with any employer, anywhere in Australia.
Living in Different Countries? The Partner Visa Subclass 309 Brings You to Australia Together
The partner visa subclass 309 lets you live, work and study in Australia with your partner while your permanent subclass 100 is processed. You lodge one application for both visas from outside Australia, and pay one charge. A MARA-registered agent checks your relationship evidence before it goes in.
What Can You Do on the Subclass 309?
The 309 is a temporary visa, but it has no fixed end date. You can stay until your permanent subclass 100 is decided, or you withdraw that application.
Study
any course, at your own cost, plus AMEP English classes at no cost if you are eligible.
Medicare:
apply for Medicare once you hold the visa.
Travel,
leave, and return to Australia as many times as you like.
Some government payments have a waiting period for new residents. Your 309 is linked to your passport digitally, so there is no visa label. You can check your visa and conditions in VEVO.
Source: Home Affairs, Partner visa (subclass 309), checked 12 November 2026.
Is the 309 the Right Partner Visa for Your Situation?
It depends on where you are when you apply and whether you are already married or in a de facto relationship.
| Your situation | Usual visa | What it means |
|---|---|---|
| Married or de facto, and you are outside Australia | Subclass 309, then the 100 | You apply from overseas and can be in or outside Australia when the 309 is decided. |
| Married or de facto, and you are in Australia | Subclass 820, then the 801 | You apply onshore, often while holding another visa. |
| Engaged and planning to marry in Australia | Subclass 300 | You marry within the visa period, then apply for the 820. |
If you are travelling to and from Australia, the date and place you lodge decides which visa you are applying for. For the full comparison, see onshore vs offshore partner visa.
Not sure whether to apply for the 309, 820 or 300? A MARA-registered agent can confirm the right visa before you pay the charge.
Who Can Apply for the Partner Visa Subclass 309?
You must be the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen, and you must be outside Australia when you apply.
You are married
Your marriage must be valid under Australian law.
- You usually must be 18 or older when you apply.
- Attach your marriage certificate and evidence of your life.
- A marriage alone is not enough. Home Affairs still checks that the relationship is genuine.
You have been de facto for 12 months
This is the usual rule for unmarried couples.
- You must have lived together, or as a couple, for 12 months right before you apply.
- Time spent dating or in an online relationship might not count.
You have been de facto for less than 12 months
The 12-month rule doesn't apply in some cases.
- You registered your relationship with an Australian state or territory.
- There are compelling and compassionate reasons to grant the visa.
- Your partner has applied for a permanent humanitarian visa, or holds or held one and told Home Affairs about you before it was granted.
You are bringing children
Family members can apply with you if they are also outside Australia.
- Each child must meet health and character rules and be a member of your family unit.
- If another parent isn't coming, they sign Form 1229, unless a court order covers it.
- You can add a child after you lodge, but only before the 309 is decided.
You have had a visa refused or cancelled
You may still be able to apply.
- Home Affairs looks at your full immigration history when it decides.
- Any debt to the Australian Government must be repaid, or a repayment plan agreed.
- Get advice before you lodge, so the history is explained up front.
Everyone 18 or over must also sign the Australian Values Statement, and the visa is only granted to a child if it is in their best interests.
Under 12 months de facto, or a past refusal on your record? The Migration can check whether you can apply now.
What Does Home Affairs Check in a 309 Application?
Home Affairs wants to see that your relationship is genuine and continuing, that your sponsor is approved, and that everyone applying meets health and character rules.
| Check | What you provide | Where 309 files fall short |
|---|---|---|
| Relationship history | A written account of how you met, how the relationship grew, time apart and your plans. | A short story that skips the gaps when you lived in different countries. |
| Finances and household | Joint accounts, money transfers, shared bills or a lease, and how you share costs. | No explanation of why you don't share a home or bank account yet. |
| Social evidence | 2 statements on Form 888 from people aged 18 or over who know you as a couple, plus trips, photos and events. | Witness statements that give different dates for the same events. |
| Commitment | Proof you stay in touch when apart, know each other's families and plan a life together. | Chat logs in bulk with no summary of what they show. |
| Identity and past relationships | Birth certificate, passport, and divorce or death certificates for earlier marriages. | A missing divorce certificate from a previous marriage. |
| Health and character | Health exams, Form 80, and police certificates from every country where you spent 12 months or more in the last 10 years since turning 16. | Doing exams too early, so they expire before the decision. |
Nothing needs to be certified. Documents not in English must be translated. Each person can have up to 100 documents attached, and the limit can't be raised. For what each area should include, see the guide to partner visa evidence.
Spent long stretches apart? A MARA-registered agent can show you how to present that time so it supports your case.
How Do You Apply, and How Long Does the 309 Take?
You apply online in ImmiAccount while you are outside Australia. Most 309 applications are decided within 35 months.
Get your documents ready
- Collect identity, relationship and Form 888 evidence first.
- Hold off on police checks and health exams. Both are valid for 12 months, and Home Affairs may ask for new ones if they expire.
Lodge and pay
- In ImmiAccount, select New Application, then Family, then Stage 1 – Partner or Prospective Marriage Visa.
- Pay the charge. Home Affairs won't process the application until you do.
- Save your Transaction Reference Number (TRN) and give it to your sponsor.
Your sponsor applies
- Your sponsor uses your TRN to lodge their online sponsorship application as soon as possible.
- Your visa can't be granted until the sponsorship is approved.
Keep your file current while you wait
- Add new evidence through ImmiAccount, such as visits, a wedding or a shared lease.
- Answer any request on time and tell Home Affairs about a new address, passport or baby.
- Don't book travel until Home Affairs grants the 309 in writing.
| Subclass 309 applications decided | Time from lodgement |
|---|---|
| 50% | 21 months |
| 90% | 35 months |
Partner visas are processed under Ministerial Direction 117, so your own wait can be shorter or longer.
Source: Home Affairs global visa processing times, updated 2 November 2026. For how the 309 and 100 stages fit together, see the partner visa processing time guide.
Want your 309 application prepared and lodged for you? The Migration handles the upload, the sponsorship link and any follow-up requests.
What Does Your Sponsor Need to Do?
Your sponsor is usually your partner. They lodge an online sponsorship application in ImmiAccount using your TRN. There is no cost, and they can be in or outside Australia when they apply.
Who can sponsor:
an Australian citizen, permanent resident or eligible New Zealand citizen aged 18 or over. Permanent residents and NZ citizens must show they usually live in Australia.
Statutory declaration:
a Commonwealth statutory declaration about how you met, your life together, shared money and plans.
Character:
an Australian Federal Police complete disclosure check, overseas police certificates where needed, and consent for Home Affairs to tell you about relevant convictions.
Limits:
sponsorship may be refused if this is their third partner sponsorship, or they sponsored a partner or were sponsored as one in the last 5 years.
Obligations:
help you and any family on the application with living costs and a place to live.
How long it lasts:
2 years from the 309 grant if you are in Australia then, or 2 years from your next arrival if you are overseas.
The same person must sponsor you for both visas. Sponsorship can't move to someone else. For help with the declaration, see how to write a partner visa relationship statement.
Want your sponsor's declaration to match your evidence? A MARA-registered agent (MARN 2518738) can review both side by side.
How Much Does the Partner Visa Subclass 309 Cost?
One charge covers both the 309 and the permanent subclass 100. You pay it when you lodge, and there is no second visa charge at the 100 stage.
| Applicant | Visa charge (AUD) |
|---|---|
| Main applicant | 11,710 |
| Each family member 18 or over | 5,860 |
| Each family member under 18 | 2,935 |
Health exams, police certificates, biometrics and translations cost extra. Since 1 July 2026, a lower charge applies to eligible Pacific Island and Timor-Leste passport holders. Home Affairs doesn't refund the charge if the visa is refused. Check the current amount in the Visa Pricing Estimator before you pay, and see the partner visa fee guide for the full breakdown. Professional fees are separate and confirmed at consultation.
What Must You Do Once the 309 Is Granted?
Your grant letter shows your visa number and any conditions. A few rules protect your path to the permanent visa.
| Rule | What to do |
|---|---|
| First entry date | If you are overseas at grant, enter Australia before the first entry date in your letter. Arriving later is possible while the visa is valid, but it can be cancelled before arrival or at the border. |
| No other visa | Don't apply for or accept any other visa. Being granted one ends your eligibility for the subclass 100. |
| New child | You can't add family members after the 309 grant. A child must first get a subclass 445 visa, then join your 100 application with Form 1002. |
| Changes | Tell Home Affairs about a new address, passport, baby or change in the relationship. |
New Zealand passport holders:
when you arrive, tell the officer you hold a 309 and don't want a Special Category visa (subclass 444). A 444 grant overrides your 309, and you would no longer be eligible for the subclass 100.
About 2 years after you lodge, you can be assessed for the permanent visa. See the partner visa subclass 100 page for that stage.
What If Your Relationship Changes?
If the relationship ends before the 309 is decided, the application usually can't succeed. Tell Home Affairs about the change and get advice before you do anything else.
If you have experienced family violence from your partner, the Family Violence Provisions may still let you get the 309 and 100, as long as you have entered Australia since you lodged. Once you hold the 309, a partner's death or a shared child can also keep the 100 open. What you share is confidential. Call 1800RESPECT on 1800 737 732 for support, or 000 in an emergency.
Has something changed since you applied? A MARA-registered agent can explain your options in confidence.
How Does The Migration Help With Your 309 Application?
The Migration's MARA-registered agents prepare your 309 file, link your sponsor's application and deal with Home Affairs until the visa is decided, wherever each of you is living.
Before you lodge
- Confirm the 309 is the right visa and check the 12-month de facto rule.
- Flag past refusals, earlier sponsorships or health issues before you pay the charge.
Building the file
- Map your evidence against the 4 areas, with gaps such as time apart explained.
- Check both statements and the Form 888s against each other.
After you lodge
- Replies to Home Affairs requests and evidence updates while you wait.
- Advice on first entry, travel and the move to the 100 stage.
A question the team at the Harris Park office often hears is "how do we prove our relationship when we have never lived together in one country?" Every case is handled by a MARA-registered agent (MARN 2518738), and you can confirm the registration on the MARA website.
Prefer an agent to take your 309 from start to finish? The Migration can handle the application and the sponsorship together.
Subclass 309 Questions From Couples
No. The 309 is temporary, but it leads to the permanent subclass 100 without a new application. Both are lodged together, and the 100 is usually assessed about 2 years after lodgement.
Yes, on a visitor visa, if they meet its rules. The 309 can be decided while they are in or outside Australia. They must be outside Australia to lodge, and a visitor visa can carry conditions that limit what they can do.
Where the couple applies. The 309 is lodged from outside Australia and leads to the 100. The 820 is lodged in Australia and leads to the 801. Both lead to permanent residence. See subclass 820 vs 309 for more.
A married couple can still apply. Home Affairs looks at the relationship as a whole, so visits, contact records, money sent and plans to live together all count. De facto couples usually need 12 months together unless an exception applies.
The refusal letter explains why and whether the decision can be reviewed by the Administrative Review Tribunal (ART). For offshore partner visas, the sponsor usually applies for review, and the deadline is strict. The partner visa refusal guide covers common reasons and how to avoid them.
No. There is no English test for the 309. Once they hold the visa, they may be eligible for English classes through the Adult Migrant English Program.
Have a question this page doesn't answer? Ask a MARA-registered agent.
Talk to a MARA-Registered Agent Before You Lodge Your 309
Bring your relationship timeline, your marriage certificate or de facto evidence, and your sponsor's details. A MARA-registered agent (MARN 2518738) confirms the right visa, flags gaps in your evidence and plans your sponsor's application.