Can you be in Australia when your 309 visa is decided? Where to be, travel and the first entry date

Yes — you can be in or outside Australia when the department decides your subclass 309 application. But the location rules are not the same at the two different stages: the subclass 309 page requires you to be outside Australia when you apply, and it allows you to be in or outside Australia when the temporary visa application is decided. Family matters too: anyone applying with you must also be outside Australia at the application stage.

Where you must be when you apply

The subclass 309 page lists under "You must":

• be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, permanent resident or eligible New Zealand citizen
• have your spouse or de facto partner sponsor you
• be outside Australia when you apply for this visa, along with family that apply with you
• be in or outside Australia when we decide your temporary visa application

The eligibility section repeats the application-stage rule: "You must be outside Australia when you apply for this visa. Family who apply with you must also be outside Australia." The "Apply for this visa" section on the same page carries the same two sentences.

So the outside-Australia requirement attaches to applying, not to the decision. The page's own wording for the decision is: "You can be in or outside Australia when we decide on your temporary visa application."

If you add a child later

If you want to add a dependent child to an application already lodged, the subclass 309 page says: "Your child must be outside Australia." You do this with Form 1436 – Adding an additional applicant after lodgement, attached in ImmiAccount, followed by the Partner Processing Enquiry Form.

Travelling while the application is in progress

The "Travel" part of the After you apply step on the subclass 309 page reads:

"Do not arrange to travel to Australia on this visa until we let you know, in writing, that we have granted you the subclass 309 visa."

You can still come to Australia on a different visa. The "Stay lawful" passage says: "If you travel to Australia on a different visa while this visa application is in progress, you are responsible for ensuring that you continue to hold a valid visa for the duration of your stay."

The first entry arrival date

If the visa is granted while you are outside Australia, the subclass 309 page puts the deadline in the grant letter. Its wording: "If you are outside Australia at the time of visa grant, you must enter Australia before the first entry arrival date (first entry, arrive by) specified in your grant letter."

The Travel on your visa section also notes: "You can travel to Australia with an expired first entry arrival date if your visa is still valid. Your visa may still be subject to cancellation before arrival or at the border." To check whether a visa is still valid, the page points you to VEVO.

Once you hold the visa

Once the visa is held, travel is unrestricted in frequency. The subclass 309 page states: "You can travel to and from Australia as many times as you want."

What you can do while you wait

The "With this visa you can" list on the subclass 309 page sets out what the temporary visa allows while the permanent Partner visa is processed:

• live, work and study in Australia while we process your permanent Partner visa
• travel to and from Australia as many times as you want
• attend free English language classes provided by the Adult Migrant English Program if you are eligible
• apply for access to Australia's public health care scheme, Medicare.

On how long you can stay, the page says: "Temporarily until your permanent Partner visa (subclass 100) application is finalised or you withdraw your application."

How long the wait lasts

The visa processing time guide tool shows processing times for recently decided applications. It is a guide only and not specific to your application. On processing times it says processing times for Partner visa applications vary and that applicants may experience longer processing times than expected, and it directs you to the visa processing time guide tool for an indication of processing times for this visa. The page is explicit that the guide "will show the processing times for recently decided applications. It is a guide only and not specific to your application." The After you apply step repeats the point: the estimated timeframe is based on how long it has taken to process recently decided applications, and it does not guarantee that your application will be decided within the current standard processing timeframe.

Two expiry rules from the same step are worth noting while you wait. The results of your health assessment are valid for 12 months from the date you complete your examinations; if the department asks you to sign a health undertaking, that is for 6 months. Police certificates are valid for 12 months from the date of issue. The page says it may ask you to provide them again if they expire before it decides your visa.

Questions people ask

Do I have to be outside Australia the whole time I am waiting?

No. The outside-Australia requirement on the subclass 309 page applies when you apply, and to family who apply with you. For the decision itself, the page says: "You can be in or outside Australia when we decide on your temporary visa application."

Can I fly to Australia on another visa while my 309 is being processed?

The Stay lawful passage on the subclass 309 page addresses this directly: "If you travel to Australia on a different visa while this visa application is in progress, you are responsible for ensuring that you continue to hold a valid visa for the duration of your stay."

Can I book a flight on the 309 itself before it is granted?

The Travel passage in the After you apply step says not to arrange travel to Australia on this visa until the department lets you know, in writing, that it has granted the subclass 309 visa.

What if the visa is granted while I am still overseas?

You must enter Australia before the first entry arrival date specified in your grant letter. That rule applies if you are outside Australia at the time of visa grant.

Does the first entry date lock me out afterwards?

No. The Travel on your visa section of the subclass 309 page says you can travel to Australia with an expired first entry arrival date if your visa is still valid, while noting the visa may still be subject to cancellation before arrival or at the border.

What if my relationship changes while I am waiting?

The eligibility section of the subclass 309 page says that in most cases you must be the spouse or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, and that this applies when you make your application and when your application is being decided. The Visa outcome section adds that if your relationship ends or your partner dies, you may still be eligible for a temporary and permanent visa, and points to the Your relationship has changed information. The After you apply step lists changes to your marital or de facto status among the things you need to tell the department about. It also says that if you are experiencing domestic and family violence, you may still be eligible for the grant of your temporary and permanent visa if you have entered Australia since lodging your application.

Sources

• Partner visa (provisional) (subclass 309) — Department of Home Affairs

Checked 11 October 2026

This page is an unofficial summary published by PartnerVisa.help. It is not published by the Department of Home Affairs, and the department's current pages prevail if they differ.