Provisional Partner Visa (Subclass 309): Offshore Entry to Australia PR
Visa Class
309
Length of Stay
Stay until a decision is made for Subclass 100
Cost
From AUD 9300
Provisional Partner Visa (Offshore) – Subclass 309
The Provisional Partner Visa (Subclass 309) is a temporary visa designed for individuals who are living outside Australia at the time of application. It allows the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to join their partner in Australia while awaiting a decision on their permanent Partner Visa.
At Bay Migration, we help couples present a strong application for the Subclass 309 visa, ensuring all requirements are met and that the pathway to permanent residency (Subclass 100) is smooth and stress-free.
Eligibility Requirements
To be eligible for this visa, applicants must:
Be legally married to an Australian citizen, permanent resident, or eligible New Zealand citizen, or
Be in a genuine de facto relationship with an Australian partner (usually for at least 12 months), or
Have a genuine intention to marry their Australian partner in the future
Be aged 18 or over at the time of application
Be outside Australia when lodging the application
Provide valid evidence of the relationship (documents, photos, financial records, etc.)
Hold a valid passport at the time of application
This visa also allows applications from couples in long-distance relationships, as long as the relationship is genuine and ongoing.
Offshore vs Onshore Partner Visa
The Offshore Partner Visa (Subclass 309) is similar to the Onshore Partner Visa (Subclass 820) in terms of rights and entitlements. The main difference lies in the location of the applicant:
Subclass 309 applicants must be outside Australia when they apply
Subclass 820 applicants must be inside Australia when applying
Application Process
The partner visa process is made up of two stages:
Provisional Partner Visa (Subclass 309) – temporary visa granted while waiting for a permanent decision
Permanent Partner Visa (Subclass 100) – permanent residency granted once all conditions are met
You do not need to submit two separate applications — applying for the Subclass 309 automatically includes consideration for the permanent Subclass 100 visa. Only one application charge is payable.
Applications can be lodged online via ImmiAccount, or in some cases, by post or in person. To avoid delays, applicants should provide complete and genuine documentation, including:
Form 47SP (completed by the applicant)
Form 40SP (completed by the sponsoring partner)
Proof of the sponsor’s Australian citizenship, permanent residency, or eligible New Zealand status
Evidence supporting the relationship
Check Eligibility
FAQ
How long is the Subclass 309 visa valid for?
The Subclass 309 visa is a temporary visa that allows you to live in Australia until your permanent Partner Visa (Subclass 100) is decided.
Can I work and study on this visa?
Yes. Holders of the Subclass 309 visa are entitled to full work rights and can study in Australia. However, they are not eligible for government study assistance (HELP loans).
Do I have to be outside Australia to apply?
Yes. You must be outside Australia both at the time of application and at the time the Subclass 309 visa is granted.
Can I include family members in my application?
Yes. Eligible dependent children or stepchildren can be included in your Subclass 309 visa application.
What happens after I am granted the Subclass 309 visa
After receiving the Subclass 309 visa, you can live in Australia while your permanent Partner Visa (Subclass 100) is processed. This typically requires providing additional evidence of your ongoing genuine relationship.
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