Family & partner visas
Partner Visa Subclass 309 and 100 — the offshore pathway
If you are outside Australia and applying as the partner of an Australian citizen or permanent resident, the 309 and 100 are your pathway. One application, two stages — and location at the right moments is a legal criterion, not a detail.
By Keshab Chapagain, registered migration agent (MARN 1576536) since 2015 · WIDEN, Sydney · Reviewed August 2026
Keshab Chapagain · MARN 1576536 · Registered since 2015 - Temporary stage
- Subclass 309
- Permanent stage
- Subclass 100
- Where you apply from
- Outside Australia
- Applications required
- One (covers both)
The migration agent that other migration agents learn from. WIDEN is an OMARA-approved CPD provider — our training is rated ★4.8 by 40+ registered migration agents.
About the CPD →One application, two stages
The 309 and the 100 are not two separate visas requiring two applications. You lodge one application and pay one government charge. The Subclass 309 is granted first as the temporary stage, letting you travel to and live in Australia; the Subclass 100 is the permanent stage of that same application, assessed later.
The clock for the permanent stage runs from the date of the original application — not from the date the 309 was granted, and not from the date you first arrived in Australia.
Who the offshore pathway is for
The 309/100 is for applicants who are outside Australia when they lodge, and generally when the 309 is decided. Your partner must be an Australian citizen, permanent resident, or eligible New Zealand citizen, and must sponsor you. Married and de facto couples both use this pathway; de facto applicants generally need to show the relationship has existed for at least twelve months before lodgement, unless an exception applies.
If you are in Australia, this is not your pathway — see the Subclass 820/801 onshore partner visa instead. If you are engaged but not yet married and not de facto, the Prospective Marriage visa (Subclass 300) may be the route.
Travel and timing
Offshore applicants frequently want to visit Australia while the application is processed. That may be possible on a separate visa such as a visitor visa, but you generally need to be outside Australia when the 309 is decided — so travel and application timing have to be coordinated rather than assumed. Once the 309 is granted you can travel to and live in Australia, with work rights.
The 100 permanent stage
The permanent stage is generally assessed about two years from the date the original application was lodged. The Department will contact you when it is time to provide updated evidence that the relationship is continuing. The relationship must still be genuine and continuing at that point, and the evidence should cover the period since lodgement — including the period after you arrived in Australia — rather than repeating the original filing.
As with the onshore pathway, the permanent stage can be considered immediately in some circumstances, including long-standing relationships and where there are dependent children of the relationship.
Evidence across distance
The same four aspects are assessed as in any partner application: the financial aspects of the relationship, the nature of the household, its social context, and the nature of the couple's commitment. Offshore couples face a particular version of this problem, because a shared household and shared finances may not exist in the conventional form during the application.
What carries weight instead: documented periods spent together, continuous communication records, evidence that families and friends know of the relationship, financial support passing between you, and concrete plans made jointly. Distance is normal in offshore applications and is not itself a problem — unexplained gaps are. See our partner visa evidence checklist.
Where offshore applications go wrong
- Being in Australia at the wrong moment. The location requirements at lodgement and at decision are legal criteria. Visiting is possible; being here when the 309 is decided is the problem.
- Thin evidence of the time spent together. Offshore files live or die on the periods the couple were physically together — flights, stamps, photographs with dates, shared accommodation.
- Communication records left as an afterthought. A screenshot of last month's messages proves last month. Records spanning the relationship prove the relationship.
- Sponsorship limits overlooked. There are limits on how many partners a person can sponsor in a lifetime and how frequently — check your sponsor's history early.
- Going quiet at the permanent stage. The 100 is not automatic. Missing the Department's request for updated evidence puts the permanent grant at risk.
Book 30 minutes with Keshab.
Keshab Chapagain, registered migration agent (MARN 1576536), reads your situation with you and tells you which route fits, what it costs and what happens next.
Video consultation. A$330 inc. GST for 30 minutes, credited in full if you go ahead. Advice on your own case is given in the consultation, and you leave it with a clear plan in writing.
What you get
- 30 minutes (A$330) or 60 minutes (A$550) by video with a registered migration agent, Keshab Chapagain, MARN 1576536.
- A written summary of your options and next steps after the session.
- What to bring: How long you have been together and living together, any registration or marriage certificate, the sponsor’s status, earlier visas of either partner.
- Prefer no call? The written pathway check is done in writing, A$550.
We had a very positive experience working with Keshab. He provided a detailed and well-structured migration strategy report, answered all our questions thoroughly, and clarified our options and next steps. We really appreciated his professionalism, responsiveness, and practical advice. Highly recommended!
I contacted Keshab Chapagain during an extremely stressful and time-sensitive Australian visa situation. He was patient, kind and very thorough in reviewing my circumstances and explaining what could realistically be done.
Read more
Keshab was also very honest that, given the timing, retaining him could not make the Australian government process my application any faster. Even so, the advice he provided was extremely valuable. After our consultation, he provided me with a detailed written guide outlining the steps I could take myself, how to respond to the issues in my application, what supporting documentation to obtain, and how to present the additional information clearly to Home Affairs. I followed that guidance and felt confident that I had done everything available to me. He was understanding and empathetic throughout the consultation without giving me unrealistic expectations. Although my visa ultimately was not processed in time for my trip, that was entirely a matter of government processing time and not a reflection of the assistance I received from Keshab. I greatly appreciated his professionalism, patience, thoroughness and straightforward advice, and I would recommend him to anyone needing guidance with an Australian immigration or visa matter.
I had a positive experience with him. He was professional, knowledgeable, and explained everything clearly in a way that was easy to understand. He took the time to answer my questions and provided practical advice based on my situation. I felt well informed and supported throughout the consultation.
Book a partner visa consultation — A$330 inc. GST, credited In writing, no call — A$550
Need 60 minutes, or bringing a partner, employer or documents to go through? Extended consultation, A$550 inc. GST.
MARN 1576536 · practising since 2015 · contact details
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Questions we get asked first
What is the difference between the 309 and the 100 visa?
They are two stages of the same application. The Subclass 309 is the temporary stage, granted first, which lets you travel to and live in Australia. The Subclass 100 is the permanent stage, assessed roughly two years after the original application was lodged. You apply for both at once and pay one government charge — there is no second application fee for the 100.
Do I have to be outside Australia to apply for the 309?
Yes. The offshore pathway requires you to be outside Australia when you lodge, and generally when the 309 is decided. If you are in Australia, the equivalent pathway is the onshore Subclass 820/801. You can be in Australia at other points in between, but the location requirements at lodgement and decision are legal criteria.
Can I visit Australia while the 309 is being processed?
You may be able to travel on a separate visa you hold or are granted, such as a visitor visa, but you generally need to be outside Australia when the 309 is decided. Travel plans and application timing need to be coordinated deliberately — being in the country at the wrong moment can delay a decision.
How long until the 100 permanent stage?
The permanent stage is generally assessed about two years from the date the original application was lodged — not from the date the 309 was granted or the date you arrived. The Department contacts you when it is time to provide updated relationship evidence. Check the current published figures on the Department's processing times tool.
Can I get permanent residence straight away?
In some circumstances the permanent stage can be considered immediately rather than after the usual wait — for example where the relationship is long-standing, or where there are dependent children of the relationship. Whether that applies to you turns on your specific facts and dates.
What evidence does the relationship need?
The Department assesses the financial aspects of the relationship, the nature of the household, its social context, and the nature of the couple's commitment to each other. For offshore couples who have spent time apart, evidence of continued contact and of the periods spent together carries particular weight. See our partner visa evidence checklist.
We have been in a long-distance relationship — is that a problem?
Not in itself, but it changes what the evidence has to do. Periods apart are normal in offshore applications; what matters is that the relationship is genuine and continuing throughout. Communication records, evidence of visits, financial support and the plans you have made together all speak to that. Gaps that are unexplained are the issue, not distance itself.
Can WIDEN guarantee the visa will be granted?
No. Section 15 of the Migration (Migration Agents Code of Conduct) Regulations 2021 prohibits any registered migration agent from guaranteeing a visa outcome. What a properly prepared application does is address every criterion with evidence, which is what avoids delay and refusal.
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