The offshore partner visa — comprising the subclass 309 (Partner (Provisional)) and subclass 100 (Partner (Migrant)) — is the Australian visa pathway for the partner or spouse of an Australian citizen, permanent resident, or eligible New Zealand citizen who applies from outside Australia. The two subclasses are applied for simultaneously in a single application — the subclass 309 is granted first as a temporary visa allowing the applicant to travel to and reside in Australia, while the permanent subclass 100 is assessed after 2 years have elapsed from the application date (or earlier for long-established relationships). The central requirement at both stages is a genuine relationship — the relationship must be genuine at the time of the 309 grant and must still be genuine and ongoing when the permanent 100 is assessed. This page explains the eligibility requirements, the two-stage process, the evidence requirements, and the key distinctions from the onshore 820/801 pathway.

For current partner visa requirements, fees, and processing times, refer to the DHA offshore partner visa page.

• Migration Regulations 1994, Schedule 2, Subclass 309 (Partner (Provisional)) criteria — the temporary first stage; sets the criteria for the provisional partner visa grant, including the sponsor relationship, genuine relationship requirement, health and character
• Migration Regulations 1994, Schedule 2, Subclass 100 (Partner (Migrant)) criteria — the permanent second stage; the 100 is granted after the 2-year period when DHA is satisfied the relationship is genuine and ongoing; applicants who have been in a relationship for 3+ years (or 2+ years with a child in common) may be assessed for permanent residence at the time of the initial application
• Migration Regulations 1994, regulation 1.15A — genuine relationship — sets the four factors DHA uses to assess a genuine relationship: financial aspects of the relationship, nature of the household, social aspects of the relationship, and commitment of the parties to each other
• Migration Act 1958, s 5(1) — definition of de facto partner — defines de facto partners for the purposes of partner visa eligibility, including same-sex de facto partners
• DHA: Partner visa (apply overseas) — immi.homeaffairs.gov.au/partner-offshore

Who can apply for the offshore partner visa

The applicant for the subclass 309/100 must be the partner of an eligible sponsor. Eligible partners include:

• Spouses: persons in a legally valid marriage to an Australian citizen, PR, or eligible NZ citizen — including same-sex marriages recognised under Australian law
• De facto partners: persons in a genuine de facto relationship with an eligible sponsor — the de facto relationship must generally have been in existence for at least 12 months before the application, unless there are compelling reasons for the shorter duration (such as the birth of a child of the relationship)

The applicant must be outside Australia when the application is lodged to use the offshore pathway.

Sponsor eligibility

The sponsor must be:

• An Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen (a New Zealand citizen who is in Australia in a special category visa and who meets the requirements to sponsor partner visa applicants)
• At least 18 years of age
• Not subject to sponsorship bars — certain prior convictions for family violence offences, or orders under the Family Law Act or domestic and family violence legislation, may bar a person from sponsoring a partner visa applicant

The two-stage grant process

Applicants lodge a single application for both the subclass 309 and subclass 100 simultaneously. The two-stage process works as follows:

1. Stage 1 — subclass 309 (provisional, temporary): DHA assesses the application and, if satisfied the relationship is genuine and the sponsor and applicant meet the requirements, grants the subclass 309; the 309 allows the applicant to travel to and live in Australia temporarily; the applicant has the right to work and study in Australia on the 309
2. Stage 2 — subclass 100 (permanent): after 2 years have elapsed from the date the original 309/100 application was lodged, DHA assesses the permanent stage; DHA requires evidence that the relationship is genuine and ongoing at the time of the second-stage assessment; if satisfied, the subclass 100 permanent visa is granted

The 2-year period is measured from the application date, not the date of arrival in Australia or the date the 309 was granted.

Early permanent residence — long-established relationships

Applicants who have been in a genuine relationship with their sponsor for at least 3 years before the application date (or at least 2 years with a child in common) may be assessed for the permanent subclass 100 without waiting for the 2-year period. In these cases, DHA may assess both stages of the application at the same time and, if satisfied, grant permanent residence directly. Applicants seeking to use this pathway must provide evidence of the long duration of the relationship.

Genuine relationship — the four factors

DHA assesses the genuineness of the relationship using four factors set out in the Migration Regulations:

• Financial aspects: joint finances, shared bank accounts, joint property ownership, shared financial responsibilities
• Nature of the household: evidence of cohabitation or reasons for not cohabiting, shared household responsibilities, living arrangements
• Social aspects: knowledge of each other's backgrounds, introduction to each other's families and friends, social recognition of the relationship, how the couple met
• Commitment: duration of the relationship, future plans together, emotional connection, communication (where the couple lives apart)

For more detail on evidence requirements, refer to the partner visa relationship evidence page.

Offshore vs onshore — 309/100 vs 820/801

Australia has two partner visa pathways with the same permanent outcome:

• Offshore pathway (309/100): the applicant is outside Australia when they apply; the subclass 309 is granted and the applicant then travels to Australia; processed at the relevant offshore visa office
• Onshore pathway (820/801): the applicant is in Australia when they apply; the subclass 820 (temporary) is granted; the applicant remains in Australia during the 2-year wait; see the partner visa two-stage grant page

The choice between pathways depends on where the applicant is located — the offshore pathway is for applicants outside Australia; the onshore pathway is for applicants already in Australia on a valid visa. Both pathways lead to permanent residence (subclass 100 or 801) after the 2-year assessment.

The offshore partner visa pathway is the primary route for international couples where the applicant is overseas at the time of application — it is one of Australia's most applied-for visa categories and carries one of the longest processing times in the family migration program. The 2-year period before permanent residence is assessed is a significant feature of the Australian partner visa system — it reflects Australia's policy of assessing the continuity of the relationship rather than granting permanent residence immediately upon application. For couples where the relationship is long-established, the immediate permanent residence pathway (3 years or 2 years with a child in common) provides meaningful relief from the extended wait. The genuine relationship assessment is central to every partner visa application — applications that lack adequate evidence across all four factors are at risk of refusal regardless of the actual genuineness of the relationship. For current visa application forms, fees, processing times, and document checklists for the offshore partner visa, refer to the DHA offshore partner visa page.