You, and any family applying with you, must be outside Australia when you lodge the combined 309/100 application and pay the $11,710 charge (from 1 July 2026), but the 309 can now be granted whether you are in or outside Australia at the time.
On the Department’s figures pulled 3 October 2026, half of 309 applications were decided within 21 months and 90% within 32 months. Separately, Ministerial Direction 117 puts onshore partner applications ahead of offshore applications in the processing order.
These location and stay rules appear on Home Affairs’ “Partner (Provisional) visa subclass 309” page and in the Migration Regulations 1994; Schedule 1 sets the charge, while the Department’s Global visa processing times guide supplies the waiting-time figures.
309 facts card
| Label | Value |
|---|---|
| Visa | Partner (Provisional) (Class UF) visa, subclass 309 |
| Where you must be | Outside Australia when you apply, with family applying with you; in or outside Australia when it is decided |
| Government charge | $11,710 base for the combined 309/100 application from 1 July 2026; nil on the 309 itself |
| Processing time (Department, pulled 3 October 2026) | 25% in 18 months · 50% in 21 months · 75% in 27 months · 90% in 32 months |
| While you hold it | Live, work and study in Australia; travel in and out as often as you want; apply for Medicare |
| What comes next | The permanent subclass 100, normally assessed from two years after the combined application |
| If it is refused | The applicant can apply to the ART within 28 days of being notified; 14 days if in immigration detention on the notification day |
What is the 309 visa?
The 309 is the provisional stage of the offshore partner pathway. Home Affairs’ subclass 309 page says you can stay until your permanent subclass 100 application is finalised or you withdraw it. It is not itself permanent residence.
You lodge the provisional and permanent applications together. Under Schedule 1 items 1129 and 1220A of the Migration Regulations 1994, the 309 charge is nil: the $11,710 base charge sits on the subclass 100 application. Additional applicants have separate charges, so the base is not necessarily your family’s total.
A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, separate from the Home Affairs visa application charge.
For the wider choice of partner pathways, see spouse visa Australia.
Offshore partner visa: the 309 is the offshore route
“Offshore” describes where you apply, not where you must remain throughout processing. Home Affairs’ 309 page requires you and accompanying applicants to be outside Australia at lodgement. Since 25 November 2023, clause 309.412 of the Migration Regulations 1994 permits grant in or outside Australia.
An offshore 309 application does not give you a bridging visa while you wait. The location requirement on Home Affairs’ 309 page is different from the Department’s bridging-visa arrangements for an onshore partner application. Permission to receive the 309 in Australia is not permission to enter or stay here without another visa.
If you have previously been in Australia, the Migration Regulations 1994 require special return criteria 5001 and 5002. These address matters including previous character decisions, deportation and removal.
The arrival control provisions introduced from 14 March 2026 do not apply to spouses or de facto partners of Australian citizens or permanent visa holders, under sections 84B–84E of the Migration Act 1958.
Who can apply for the 309?
The main requirements are:
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A qualifying relationship. Sections 5F and 5CB of the Migration Act 1958 define spouse and de facto partner relationships. Clauses 309.211 and 309.224 of the Migration Regulations 1994 also allow an intending spouse to apply, but ordinarily require the marriage before grant. The visa built for engaged couples is the prospective marriage visa subclass 300.
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An eligible sponsor. The Migration Regulations 1994 require sponsorship by an Australian citizen, permanent resident or eligible New Zealand citizen, usually your partner, aged 18 or over.
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Application from outside Australia. Home Affairs’ subclass 309 page requires you and family applying with you to be offshore when you lodge.
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The de facto duration requirement. Regulation 2.03A ordinarily requires a de facto relationship for the 12 months immediately before application. Exceptions include a prescribed registered relationship, compelling and compassionate circumstances, and specified humanitarian circumstances.
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The age requirements. Regulation 2.03A requires both de facto partners to be at least 18 at application. Home Affairs says married applicants must be 18 or over in most cases; clause 309.213 provides sponsorship arrangements where the spouse is under 18.
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Health, character and integrity requirements. The Migration Regulations 1994 prescribe public interest criteria covering health, character, identity, accurate information and other requirements. Marriage alone does not satisfy these criteria.
309 processing time
Half of applications were decided within 21 months, according to Home Affairs’ Global visa processing times guide, pulled 3 October 2026.
| Share of applications decided | Time |
|---|---|
| 25% | 18 months |
| 50% | 21 months |
| 75% | 27 months |
| 90% | 32 months |
These figures describe recently decided applications, not a promised decision date. Home Affairs’ processing guidance says the figures are a guide only and are not specific to your application.
Ministerial Direction No. 117 places applications made in Australia for visas grantable here ahead of offshore applications. The Department’s 309 processing-time note also says it “continues to prioritise aged, and compassionate and compelling applications”.
A priority request needs compelling reasons and special circumstances of a compassionate nature. Home Affairs’ priority-processing factsheet directs requests through the Partner Processing Enquiry Form, with a signed statement and evidence, and warns that “Most requests for priority processing cannot be approved.”
See partner visa waiting time for the wider explanation of processing figures.
Your rights on the 309
Home Affairs’ subclass 309 page lists these rights and benefits once the visa is granted:
- Live, work and study in Australia while your permanent subclass 100 application is processed.
- Travel to and from Australia as many times as you want while you hold the 309.
- Apply for access to Medicare.
- Attend free English classes through the Adult Migrant English Program, if eligible.
These are rights attached to holding the visa, not to simply lodging the offshore application.
From the 309 to the 100
The permanent stage is normally assessed from two years after the combined application, not two years after the 309 grant. Home Affairs’ processing-time guide measures subclass 100 processing from that eligibility date. Reaching two years does not mean permanent residence is granted automatically.
Under clause 100.221 and regulation 1.03 of the Migration Regulations 1994, the two-year wait does not apply if, at application, your relationship had lasted three years—or two years where you have a dependent child of both partners. This allows the 100 to be granted straight after the 309.
Clause 100.221 also removes the wait where the sponsor is or was a permanent humanitarian visa holder who declared the relationship before their visa grant.
Regulation 1.20 sets the sponsor’s two-year undertaking to assist financially and with accommodation: it runs from first entry where the applicant is outside Australia at grant, or from provisional grant where the applicant is already here.
Read more about the partner visa subclass 100.
If the 309 is refused: who applies for review
The visa applicant applies to the Administrative Review Tribunal (ART), not the sponsor. Under regulation 4.02(4)(saa) and (5)(raa), every subclass 309 refusal is reviewable. Applicants gained that right on 4 April 2023; the rule’s current form dates from 25 November 2023. In contrast, a subclass 300 refusal is reviewed on the sponsor’s application.
Section 347 of the Migration Act 1958 gives you 28 days after notification to apply, or 14 days if you were in immigration detention on the notification day. The ART cannot extend this deadline. Do not rely on older advice referring to 70 days.
The ART fees page sets the migration review fee at $3,727 from 1 July 2026. You must pay before the review deadline; financial hardship can support a 50% reduction, with half the fee and the reduction request submitted before that deadline.
The ART’s migration caseload statistics for 2025–26 record 205 set-aside decisions among 314 finalised subclass 309 reviews (65%), with 881 reviews on hand at 30 June 2026. This is a historical caseload result, not your chance of success or evidence that legal representation changes the odds.
Frequently asked questions
What is the processing time for the 309 partner visa in 2026?
Home Affairs’ Global visa processing times figures, pulled 3 October 2026, were 18, 21, 27 and 32 months for 25%, 50%, 75% and 90% of applications respectively.
Can a 309 visa be rejected?
Yes. Home Affairs’ Migration Program Report 2024–25 records a 6.1% refusal rate across partner visa decisions—not specifically the 309. The applicant can seek ART review within the applicable deadline; the ART’s 2025–26 statistics record 65% of finalised 309 reviews as set aside.
Can you work on a 309 visa in Australia?
Yes. Home Affairs’ subclass 309 page says holders can live, work and study here while the 100 is processed.
Can you be in Australia while waiting for a 309 visa?
Yes, if you otherwise have permission to be here. Clause 309.412 allows grant in Australia, but Home Affairs still requires offshore lodgement.
What is the difference between visa 300 and 309?
Under the Migration Regulations 1994, the 300 is for intending spouses to marry within its 9–15-month visa period before the onshore 820/801 pathway; the 309 ordinarily serves married or de facto couples and leads to the 100. Both require offshore application.
Who can sponsor a partner visa application in Australia?
The Migration Regulations 1994 require an Australian citizen, permanent resident or eligible New Zealand citizen, usually the partner, aged 18 or over. Regulation 1.20J also limits previous partner sponsorships.
When an offshore application needs a lawyer
With the Department’s median near two years, prepare a clear documentary record rather than treating the wait as inactive time. The Migration Regulations 1994 require consideration of financial, household, social and commitment evidence. A lawyer can check whether your documents address those four aspects and whether dates and explanations are consistent.
If refused, take the notice and notification details to a lawyer promptly. Section 347’s deadline cannot be extended; the partner visa appeal guide explains the review process.
Ask an Australian migration lawyer to organise the four-aspect relationship evidence for the paper decision and, if refused, confirm that the applicant lodges and pays for ART review within 28 days—or the shorter detention deadline where applicable.