Offshore Partner Visa Application Help: 309 and 100

Applicant and sponsor locations

The applicant and included family members must be outside Australia when applying for subclass 309, but the decision can be made in or outside Australia, according to Home Affairs’ subclass 309 guidance. Application location and decision location are separate requirements.

The sponsor ordinarily must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and Home Affairs must approve the sponsorship under its 309 sponsor guidance. Living in Brisbane alone does not establish sponsor eligibility.

A qualifying relationship also needs assessment. For spouses, a marriage valid for Australian migration law must be accompanied by an exclusive shared-life commitment, a genuine continuing relationship and living together or no permanent separation. De facto partners must meet the corresponding relationship tests without being married to each other, including the restriction on specified family relationships, under sections 5F and 5CB of the Migration Act.

Choosing between offshore and onshore partner applications therefore starts with the applicant’s location, relationship circumstances and any existing Australian visa—not the sponsor’s Brisbane address.

Who prepares each part of the 309 and 100 application?

The provisional 309 and permanent 100 stages are applied for together, as explained in Home Affairs’ 309 guidance. The following allocation is a practical workflow, not a rule preventing either partner from gathering shared documents.

The document responsibilities above follow the 309 applicant and sponsor checklists. Sponsorship approval and sponsor status evidence are distinct from the applicant’s visa requirements; completing one partner’s paperwork does not resolve the other’s eligibility.

If more time is needed for a departmental request, use the designated channel and explain why. An extension request does not itself stop the deadline or guarantee extra time, as outlined in the partner visa FAQs.

How do you organise relationship evidence across countries?

Organise offshore partner visa evidence around financial arrangements, household arrangements, social recognition and commitment—the assessment framework in regulations 1.09A and 1.15A. These provisions are read with the commenced October 2026 amendment, which does not change those partner provisions.

These are examples, not compulsory quotas. Select records that reflect the actual relationship. Temporary geographical separation is not itself the statutory test: the question includes whether the couple lives together or is not permanently separated under sections 5F and 5CB.

Write a truthful chronology covering how the relationship developed, time together, significant events and future plans, following the 309 relationship checklist. Explain gaps rather than trying to construct an idealised relationship.

Include original documents with English translations. Australian translators must have NAATI accreditation; overseas translators must provide their contact details, qualifications and experience. Home Affairs also asks for clear colour scans and multi-page documents combined into one file in its document preparation guidance.

Can you travel to Australia while the 309 application is pending?

Possible travel needs a separate visa assessment. Home Affairs’ 309 guidance allows a decision in or outside Australia, but that decision-location rule is not permission to enter Australia.

Before planning a visit to the Brisbane-based sponsor, have the applicant’s existing visa, entry permission and conditions checked individually. Keep three questions separate: where the application must be lodged, where the decision may be made, and whether the person can lawfully travel and stay.

If considering an onshore application instead, the applicant and included family must be in Australia when applying for 820/801 under Home Affairs’ 820 guidance. Physical presence alone does not settle application validity or the criteria for grant; those require assessment before choosing that alternative.

What evidence is needed for the permanent 100 stage?

The usual two-year assessment point runs from the combined 309/100 application—not the 309 grant. Applicants ordinarily hold a 309 or 445 visa. Qualifying long-term relationships and specified humanitarian-partner circumstances may allow earlier assessment, according to Home Affairs’ subclass 100 guidance.

For permanent-stage preparation:

• Update evidence of the continuing relationship across the four relationship aspects.
• Explain changes in addresses, household arrangements or other circumstances since lodgement.
• Prepare requested applicant and sponsor documents.
• Submit Stage 2 – Permanent Partner Visa Assessment (100, 801) information in ImmiAccount using the application ID, following the partner visa FAQs.

Eligibility for assessment is not a guaranteed grant or decision on the anniversary. Consult the official processing guide for general expectations, not an individual prediction.

Enquire with an Australian migration lawyer about preparing the 309/100 offshore partner visa application and sponsorship. Start with the partners’ current countries, relationship timeline, intended application timing and any existing visa conditions. The lawyer can assess the pathway, review cross-border evidence and clarify each partner’s responsibilities. Partner Visa Brisbane is an information and lawyer-enquiry guide, not a law firm.

Compare the applicant’s location and the legal task before choosing the next step. Which partner visa pathway fits.

Check the onshore application requirements and the work needed at the 820 and 801 stages. Onshore Partner Visa Application Help: 820 and 801.

Check sponsor status, previous sponsorships and relevant police-document requirements. Partner Visa Sponsorship Requirements and Help for Brisbane Sponsors.