Eligibility Quiz
Overview
The Partner Visa Subclass 309/100 is an offshore pathway for partners and spouses of Australian citizens, permanent residents, or eligible New Zealand citizens to migrate to Australia. The visa operates as a two-stage process: you first receive a temporary Subclass 309 visa, then transition to permanent residency via Subclass 100 after meeting eligibility criteria. Both visas are applied for simultaneously in a single application.
This pathway is distinct from onshore partner visas (Subclass 820/801) — you must be outside Australia when you apply for the 309/100, whereas onshore visas are for those already in Australia. The 309/100 remains an active, government-prioritised family reunification pathway with no announced closure date.
Relationship Evidence: What Matters Most
In 2026, "just being married" is not enough. The Department requires digital and physical evidence across all four categories. Quality over quantity is critical — clear, well-organised evidence is far more persuasive than a large volume of weak documents. Common mistakes include:
- Insufficient relationship evidence: Gaps in proof of shared life, financial matters, or social recognition raise questions.
- Incomplete applications: Submitting a clean, well-documented application from day one is the single most impactful thing you can do.
- Inconsistent statements: Inconsistencies between your account and your sponsor's account of the relationship can raise red flags.
- Applying too early: Many refusals are preventable with proper preparation.
Practical tips for success:
- Register your de facto relationship in an Australian state — this can waive the 12-month requirement.
- Provide detailed relationship statements covering how you met, how the relationship developed, shared activities, and future plans.
- Use Form 888 statements from at least 2 witnesses who know both you and your sponsor and know about the relationship.
- Gather evidence across all four pillars — financial, household, social, and commitment.
- Ensure all documents are properly translated and formatted — scanned in colour, clear, and with proper translator declarations.
- Attach all documents at lodgement — applications with all required information reduce processing delays.
Costs
Government Application Fees (as of 1 July 2025)
- Main applicant: AUD $9,365
- Dependent applicant over 18 years of age (each): AUD $4,685
- Dependent applicant under 18 years of age (each): AUD $2,345
- Sponsorship: nil
- Subclass 100 (Second Stage Visa Application): nil
These fees cover both the temporary and permanent stages of the visa. Fees must be paid at the time of lodging the application and are generally non-refundable, even if the visa is refused.
Additional Costs
You may also have to pay for:
- Medical examinations: typically AUD $300–$500 per person depending on the panel physician and country
- Police clearance fees: varies by country
- Translation costs for documents not in English
- Migration agent or lawyer fees if professional assistance is chosen: can range from AUD $2,000 to $5,000+
To estimate total costs including additional family members, use the Visa pricing estimator on the Department website (note: this does not include costs for health checks, police certificates, and biometrics).
Processing Times
Current Processing Times (as of March 2026)
| Application Type | 50% processed within | 90% processed within |
|---|---|---|
| Subclass 309 (First Stage) | 16 months | 24 months |
| Subclass 100 (Second Stage) | 10 months | 20 months |
Overall Timeline
Realistically plan for 2 to 4 years from application to permanent residency. This includes:
- Subclass 309 processing: 14 to 26 months for 75% of applicants
- 2-year waiting period before Subclass 100 eligibility (or potentially sooner for long-term relationships)
- Subclass 100 processing: an additional 12 to 24 months after the 309 is granted
Processing times vary based on the completeness of your application. The Department continues to prioritise aged, compassionate, and compelling applications. Applications with incomplete documents or missing information take longer. The quality of evidence, submission documents, and correct, logical filing will influence how quickly the Department processes your application.
Important Limitations and Warnings
Sponsor Limitations
You are limited to sponsoring two Partner Visa applicants in your lifetime, with at least a 5-year gap between sponsorships. The person who sponsors you when you apply must be the same person who sponsors you for 2 years after the temporary visa is granted — the sponsor cannot be changed.
Visa Exclusivity
To get the permanent Partner visa (Subclass 100), you must hold the Subclass 309 visa or the Dependent child visa (Subclass 445). If you are granted any other visa, you will no longer be eligible for the grant of the permanent Partner visa.
New Zealand Passport Holders
If an immigration officer processes clearance at the Australian border, tell them you have a temporary Partner visa and do not want a Special Category visa (Subclass 444). If you do not tell them, you might be granted the 444 visa, which will override the temporary Partner visa and make you ineligible for the permanent Partner visa.
Relationship Ending
If your relationship ends before the Subclass 100 is granted, your visa might be cancelled or denied. However, you may still be eligible for a temporary and permanent visa if your relationship ends or your partner dies — all information provided is confidential.
Debt to Australian Government
You must have no outstanding debt to the Australian Government. This may include family members who do not accompany you to Australia.
Health and Police Certificate Validity
- Police certificates are valid for 12 months from the issue date. If more than 15 months has passed since a National Police Certificate was issued by the Australian Federal Police, new checks will be required.
- Health assessment results are valid for 12 months from the time examinations were completed.
Rights as a Subclass 309 Visa Holder
With the temporary Subclass 309 visa, you can:
- Live, work, and study in Australia — you have full, unrestricted work rights
- Travel to and from Australia as many times as you want
- Attend free English language classes provided by the Adult Migrant English Program if eligible
- Apply for access to Medicare — Australia's public health care scheme
You will be able to study in Australia, but will not receive any government support and any study costs will be at your own expense.
You might have to wait to access certain Australian Government payments and benefits.
If you are outside Australia at the time of visa grant, you must enter Australia before the first entry arrival date specified in your grant letter. You can travel to Australia with an expired first entry arrival date if your visa is still valid.
Rights as a Subclass 100 Visa Holder
Upon grant of the permanent Subclass 100 visa, you obtain permanent residency status, allowing you to:
- Stay, work, and study in Australia indefinitely
- Sponsor eligible family members for Australian visas
- Access full work and study rights
- Access social security and Medicare
- Have a pathway to citizenship
Dependent Children
Dependent children can be included in your visa application when you lodge it, or can be added after lodgement but before the Department decides on the temporary visa.
After the Subclass 309 visa is granted, you cannot add family members to the visa application. To include a dependent child in the permanent visa application after the Subclass 309 has been granted but before the permanent Partner visa is finalised, the child must first apply for a Dependent child visa (Subclass 445).
Recent Changes (2025–2026)
The 2025–2026 program year has introduced specific "integrity resets" designed to ensure that only genuine, stable relationships are approved. The Department has placed a stronger focus on integration and increasingly expects both you and your sponsor to demonstrate Functional English (though there is currently no mandatory English test pass requirement). Your sponsor must now be approved before or alongside the visa assessment. As of 1 July 2025, government application fees were updated, with the main applicant fee now AUD $9,365. The Australian government has prioritised family reunification, making this a stable pathway.
Misconceptions to Avoid
- English test requirement: While Functional English is encouraged, there is currently no mandatory English test pass requirement.
- Skipping the 2-year waiting period: If you have been together for 3+ years (or 2+ years with a dependent child), you may be eligible for immediate assessment for the permanent visa after grant of the temporary visa.
- Working before visa grant: You cannot work in Australia until your 309 visa is granted. If you visit your partner on a Visitor Visa (Subclass 600), you may still be able to work depending on your visa conditions.