If your spouse or de facto partner is an Australian citizen or permanent resident and you live outside Australia, the 309 visa is the usual way to join them. This guide sets out the 309 visa requirements 2026 applicants must meet: who can sponsor you, how the relationship is tested, what it costs from 1 July 2026, how long the Department of Home Affairs is taking, and how the permanent subclass 100 stage works. The information is current to 29 October 2026.
The 309 and 100 are lodged as one application. You pay once, the Department decides the temporary 309 first, and then assesses the permanent 100 roughly two years after you applied. Most of the effort goes into the first lodgement, so getting it right at the start saves months later.
309 visa key facts (October 2026)
- Visa type: Partner (Provisional) subclass 309, leading to Partner (Migrant) subclass 100 permanent residence.
- Where you apply from: outside Australia, online in ImmiAccount.
- Sponsor: your spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
- Government fee from 1 July 2026: AUD 11,710 for the main applicant (covers both 309 and 100).
- Processing time (published 29 September 2026): 309 at 21 months for 50% of applications and 32 months for 90%; 100 at 9 months (50%) and 21 months (90%).
- English test: not required for the partner visa itself.
- What the 309 allows: live, work and study in Australia while the permanent 100 is processed.
- Permanent stage: assessed from two years after you lodged, unless an early long-term relationship grant applies.
Who can apply for a 309 partner visa
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The Migration Regulations set the criteria. In plain terms, you need to show all of the following.
1. You are married to, or in a de facto relationship with, your sponsor
Married couples: the marriage must be valid under Australian law. A marriage that took place overseas is generally recognised if it was legally valid in the country where it happened. For Indian couples, that means a civilly registered marriage. A religious ceremony certificate on its own is weak evidence; obtain the registrar-issued marriage certificate before you lodge.
De facto couples: you generally need to have lived together for at least 12 months immediately before you apply. Registering your relationship with an Australian state or territory registry removes the 12-month requirement, although your sponsor usually needs to live in that state to register. Western Australia and the Northern Territory do not offer relationship registration.
2. The relationship is genuine and continuing
You must have a mutual commitment to a shared life to the exclusion of all others, live together (or not live apart permanently), and the relationship must be genuine and continuing. Being apart because one partner is overseas waiting for a visa does not count against you, provided you can show how you keep the relationship going.
3. You have an eligible sponsor
Your sponsor must be your spouse or de facto partner and be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen. There is no minimum income test. Sponsors must provide Australian police certificates, and sponsorship has to be approved before the visa can be granted.
Sponsorship limits matter. A sponsor generally cannot sponsor more than two partners in a lifetime, and cannot sponsor again within five years of a previous partner sponsorship, or within five years of being granted their own partner-based permanent visa. Limits can be waived only in compelling circumstances, such as a dependent child of the new relationship.
4. You are outside Australia when you apply
The 309 is the offshore pathway. You must be outside Australia at lodgement. If you are already in Australia, the onshore 820 visa is usually the relevant option, subject to any No Further Stay condition on your current visa.
5. Health, character and the Australian Values Statement
Every applicant, including dependent children, has to meet the health requirement through a medical examination with a panel physician, and the character requirement through police certificates from every country where you have lived for 12 months or more in the last 10 years since turning 16. You also sign the Australian Values Statement.
Is the 309 still an "offshore grant" visa?
No, and this is where many older guides are wrong. Since amendments that took effect on 24 November 2023, a 309 can be granted whether you are inside or outside Australia at the time of decision. The same amendment gave refused 309 applicants their own right to seek merits review, which now goes to the Administrative Review Tribunal (ART).
What has not changed is the lodgement rule: you still apply from outside Australia. A 309 application also does not give you a bridging visa, so if you visit Australia while waiting you need a separate valid visa, such as a visitor visa, and you must follow its conditions.
309 visa cost from 1 July 2026
Visa application charges were indexed on 1 July 2026. The partner charge rose from AUD 9,365 to AUD 11,710 for the main applicant. The charge is paid once and covers both the 309 and the 100.
| Applicant | Charge from 1 July 2026 (AUD) |
|---|---|
| Main applicant | 11,710 |
| Additional applicant aged 18 or over | 5,860 |
| Additional applicant under 18 | 2,935 |
Budget separately for medical examinations, police certificates (Indian PCC through Passport Seva, plus any other country), certified translations, card payment surcharges and professional fees if you use a registered migration agent or lawyer. The charge is generally not refunded if the application is refused or withdrawn. For a full breakdown, see our partner visa cost guide, and confirm the figure on the official Home Affairs visa pricing table before you pay.
309 and 100 processing times in 2026
| Subclass | 50% of applications | 90% of applications |
|---|---|---|
| 309 (temporary, offshore) | 21 months | 32 months |
| 100 (permanent, offshore) | 9 months | 21 months |
| 820 (temporary, onshore), for comparison | 22 months | 30 months |
These are the Department's global processing times released on 29 September 2026, covering applications finalised to 31 August 2026. The 100 time is counted from when you become eligible for the permanent stage, not from first lodgement. Home Affairs states that offshore partner applications receive lower processing priority than onshore ones, which explains the longer 90% figure for the 309. Check the live figures on the global visa processing times page.
A decision-ready application, with medicals, police certificates and sponsor documents uploaded at lodgement, tends to move faster than one that waits on requests for information. Home Affairs also asks applicants not to contact them while an application is within standard processing time.
How to apply for the 309 visa: step by step
- Confirm the pathway. Check you are outside Australia, your sponsor is eligible, and your relationship fits the married or de facto rules (including the 12-month cohabitation test or registration).
- Check your sponsor's history. Look for previous partner sponsorships or a recent partner-based permanent visa that could trigger the five-year limit.
- Collect identity documents. Passports, birth certificates, national ID (Aadhaar or MyKad), change-of-name evidence and the marriage certificate. Translate anything not in English with a certified translator.
- Build your relationship evidence across the four categories described below.
- Write relationship statements. Each partner writes a personal statement covering how you met, how the relationship developed, your living arrangements and future plans.
- Get Form 888 statutory declarations from at least two people who know you as a couple. Supporting witnesses must be Australian citizens or permanent residents, or eligible New Zealand citizens.
- Lodge online in ImmiAccount and pay the visa application charge. Your sponsor then completes the sponsorship part and uploads their documents and Australian police certificate.
- Complete health checks and biometrics. You will receive a HAP ID for medicals with a panel physician. If asked, give biometrics at an Australian Visa Application Centre.
- Respond to requests promptly. If you cannot meet a deadline, ask for more time through the Partner processing enquiry form before the deadline expires.
- Travel and settle after grant. Once the 309 is granted you can live, work and study in Australia. 309 holders in Australia can generally enrol in Medicare; check the current rules with Services Australia.
- Prepare for the 100 stage. Around the two-year point, the Department will ask for updated evidence that the relationship continues.
The four types of relationship evidence
Decision makers must consider all the circumstances of the relationship under four headings. You do not need everything listed, but you should give balanced evidence across all four.
| Category | Strong evidence for offshore couples |
|---|---|
| Financial aspects | Joint bank account, regular money transfers between you, shared bills, one partner paying for the other's flights, joint assets or loans |
| Nature of the household | Periods of living together (lease, utility bills, shared address), and an explanation of how you manage the household while apart |
| Social aspects | Wedding photos and guest lists, travel together, invitations addressed to you as a couple, Form 888 declarations, social media showing you as a couple |
| Nature of commitment | Call logs and chat history spread over time, visits to each other, plans for the future, knowledge of each other's background |
Our free partner visa checklist for 820, 801, 309 and 100 lists documents under each heading.
Can you get the subclass 100 straight away?
Usually no. The standard rule is that the 100 is assessed once two years have passed since you lodged the combined application. The exception is a long-term relationship: if at the time of application you have been in the relationship for at least three years, or at least two years and you have a dependent child of the relationship, the Department may consider granting the 309 and 100 together.
At the 100 stage you will generally provide updated evidence for the period since lodgement, fresh Form 888 declarations if requested, and possibly new police certificates. Health results are valid for 12 months, so medicals may need to be repeated if they expire before a decision.
What the September 2026 visitor visa announcement means for 309 applicants
On 17 September 2026 the Government announced it intends to put a No Further Stay condition on all future visitor visas. Home Affairs Minister Tony Burke said the aim is partly to make it easier for partners waiting overseas to visit Australia regularly. At the time of writing, no start date or final legal form had been published, and the change would not apply to visitor visas already granted. Read our summary of the September 2026 migration changes for the wider package.
In practice, this makes the offshore 309 more important for couples where the applicant partner is overseas. Once the new condition applies, entering on a visitor visa would generally rule out switching to an onshore 820 without a waiver. Decide between onshore and offshore before you apply for a visitor visa, not after you land.
Common 309 visa mistakes
- Relying on an outdated guide. Many pages still say you must leave Australia to be granted a 309. That has not been the rule since November 2023.
- De facto applications under 12 months without registration or another exception. The application is likely to fail at the first hurdle.
- Uneven evidence. A thick folder of photos with no financial or household evidence, or the reverse.
- Ignoring sponsorship limits. A sponsor who brought in a previous partner within five years, or arrived on a partner visa themselves within five years, needs to address this before lodging.
- Inconsistent dates. When you met, when you started living together and when you married must match across statements, Form 888s and forms.
- Undisclosed history. Past visa refusals, overstays or criminal matters in any country must be declared. Non-disclosure is treated more seriously than the issue itself.
- Delaying medicals and police certificates until the Department asks, which adds weeks to processing.
Applying for a 309 visa from India or Malaysia
India. Register the marriage civilly and keep the registrar certificate. Get the Indian police clearance certificate through Passport Seva, and certificates from any other country where you lived for 12 months or more since age 16 (Gulf countries, Singapore and the UK are common for Indian applicants). Arranged marriages are fully accepted, but the Department will look closely at the period between introduction and wedding, so evidence of contact before marriage and of your life together after the wedding carries real weight. Regular transfers between partners count as financial evidence.
Malaysia. Malaysian passport holders often visit Australia on an eVisitor (subclass 651) while waiting. That is lawful, but remember you must be outside Australia to lodge the 309, and the September 2026 announcement could affect future visitor visas. Muslim couples should include the marriage certificate issued by the state religious authority, and non-Muslim couples the National Registration Department (JPN) certificate. Documents in Malay need a certified English translation.
Families with children. Include dependent children in the application at lodgement. Adding them later is harder. If a child's other parent is not migrating, you will need their consent or a court order.
How EazyViza can help with your 309 visa
EazyViza is backed by Collins Quarters, a migration and commercial law firm with offices in Sydney, Melbourne, Chennai and Kuala Lumpur. Our team works with couples in India, Malaysia and Australia every week. We can:
- Confirm whether the 309 or the onshore 820 is the right pathway for you, including the impact of the visitor visa changes.
- Check sponsorship limits and any character or prior-refusal issues before you pay the AUD 11,710 charge.
- Review and organise your relationship evidence through our offshore 309/100 partner visa service.
- Prepare relationship statements and Form 888 guidance, and lodge a decision-ready application.
Not sure where you stand? Use our free eligibility checker or send us an enquiry.
Official sources
- Home Affairs: Partner visa (apply overseas) subclass 309 and 100
- Home Affairs: Partner visa frequently asked questions
- Home Affairs: Global visa processing times
- Home Affairs: Current visa pricing
- Migration Regulations 1994 (Federal Register of Legislation)
Disclaimer
This article is general information current to 29 October 2026 and is not legal or migration advice. Visa fees, processing times and rules change, sometimes without notice. Check the Department of Home Affairs website and get advice on your own circumstances before you apply.
Frequently asked questions
What are the requirements for a 309 visa in Australia?
You must be married to, or in a de facto relationship with, an Australian citizen, permanent resident or eligible New Zealand citizen who sponsors you. The relationship must be genuine and continuing, de facto couples generally need 12 months of living together or a registered relationship, and you must be outside Australia when you apply. You also need to meet health and character requirements and sign the Australian Values Statement.
How much does the 309 partner visa cost in 2026?
From 1 July 2026 the visa application charge is AUD 11,710 for the main applicant, AUD 5,860 for each additional applicant aged 18 or over and AUD 2,935 for each additional applicant under 18. The charge is paid once and covers both the temporary 309 and the permanent 100. Medicals, police certificates, translations and card surcharges are extra.
How long does a 309 visa take to process?
Home Affairs figures released on 29 September 2026 show 50% of 309 applications decided in 21 months and 90% in 32 months. The permanent 100 stage took 9 months for 50% and 21 months for 90%, counted from when you become eligible. Offshore partner applications get lower processing priority than onshore ones, and incomplete applications take longer.
Can I be in Australia when my 309 visa is granted?
Yes. Since amendments that took effect on 24 November 2023, a 309 can be granted whether you are inside or outside Australia at the time of decision. You must still be outside Australia when you lodge the application, and the 309 application does not give you a bridging visa, so any visit needs its own valid visa.
Can I visit Australia on a tourist visa while my 309 is processing?
You can apply for a visitor visa, but it is a separate application and grant is not automatic. You must follow its conditions, including any No Further Stay condition. The Government announced on 17 September 2026 that it intends to put a No Further Stay condition on all future visitor visas, with no start date published at the time of writing.
When can I get the subclass 100 permanent visa?
The Department generally assesses the 100 once two years have passed since you lodged the combined 309 and 100 application. You will be asked for updated evidence that the relationship continues. If at application you had been together at least three years, or two years with a dependent child of the relationship, both visas may be granted together.
Is there an English requirement for the 309 partner visa?
No. There is no English language test for the 309 or 100 partner visa itself. Applicants need to meet the health and character requirements and sign the Australian Values Statement. English may become relevant later, for example for some government-funded English classes or if you later apply for Australian citizenship.