309 visa requirements: eligibility for the offshore provisional partner visa

To be eligible for this visa you must satisfy every item on the subclass 309 eligibility list: no visa cancellation or refused application in your immigration history, being outside Australia when you apply, a sponsor, the right age, relationship requirements, the health requirement, the character requirement, no debt to the Australian Government, a signed Australian values statement, and best interests of the child. Where you can be when the visa is decided is a separate point — the subclass 309 page says you must be in or outside Australia when the department decides your temporary visa application.

This guide walks through that list on the subclass 309 page, section by section.

Immigration history: no visa cancelled or application refused

The immigration history section of the subclass 309 page says the department will consider your immigration history when it makes a decision on your application. That means you might not be eligible for this visa if you have had a visa cancelled or refused.

The same section notes that in some circumstances you may still apply for a permanent visa if you have had a visa cancelled or an application refused.

Being outside Australia when you apply

The subclass 309 page is plain about this one. You must be outside Australia when you apply for this visa, and family who apply with you must also be outside Australia. The Apply for this visa section on the same page repeats the same two sentences.

Having a sponsor

The sponsor requirements on the subclass 309 page:

• You and anyone who applies for the visa with you must have a sponsor when you lodge your application and when you are on this visa.
• Your sponsor is usually your partner.
• The department must approve your sponsor.
• You cannot change your sponsor. The person who sponsors you when you apply for the visa must be the same person who sponsors you for 2 years after the department grants your temporary partner visa (subclass 309).
• Your sponsor should apply to sponsor you as soon as possible after you apply for this visa.

Being the right age

The age section of the subclass 309 page states that married applicants must usually be 18 or older when they apply, because usually you must be 18 or older to be married under Australian law. Applicants in de facto relationships must be 18 or older when they apply — there is no "usually" in that sentence.

Relationship requirements

In most cases, you must be the spouse or de facto partner of an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen. The subclass 309 page says this applies when you make your application and when your application is being decided.

The same section adds that if you are experiencing domestic and family violence, the department may be able to help, and you can apply for consideration to be granted your temporary and permanent visa.

Spouse

The spouse section says you must be in a married relationship. The glossary on the page sets out what that means: a marriage valid for the purposes of the Migration Act, plus a mutual commitment to a shared life as a married couple to the exclusion of all others, a genuine and continuing relationship, and living together or not living separately and apart on a permanent basis. A spouse can be someone of the same or different sex.

Forced marriage

The forced marriage section defines forced marriage as when a person, or both people, gets married without freely and fully consenting. They may be tricked, threatened or pressured into getting married, or they are incapable of understanding the nature and effect of a marriage ceremony, for reasons including age or mental capacity. The section states that forced marriage is a crime in Australia.

De facto partners and the 12-month rule

To be a de facto partner, you must be in a de facto relationship. The subclass 309 page says you usually must have been in that relationship for at least 12 months immediately before you apply for this visa, and that time spent dating or in an online relationship might not count as being in a de facto relationship.

The 12-month requirement will not apply in a number of listed situations:

• If you can show the department compelling and compassionate circumstances exist for you to be granted the provisional Partner visa (subclass 309).
• If your de facto partner holds or held a permanent humanitarian visa, your de facto relationship existed before that visa was granted, and your de facto partner told the department about the relationship before it was granted.
• If you are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or you have registered your relationship with an Australian State or Territory authority such as a registry of births, deaths and marriages.

The glossary adds that a de facto relationship is one where you and your partner are not legally married to each other but are committed to a shared life excluding all others, the relationship is genuine and continuing, you live together or do not live separately and apart on a permanent basis, and you are not related by family. A de facto relationship can be with someone of the same or different sex.

Health requirement

You and any family members who apply for the visa with you must meet the health requirement. The health section of the subclass 309 page adds that the department might ask for health information about family not coming to Australia with you.

Character requirement

You and family members aged 16 years and over who apply for the visa with you must meet the character requirement. The character section adds that the department might ask for character information about family not coming to Australia with you.

Debt to the Australian Government

If you or any family members owe the Australian Government money, you or they must pay it back or arrange to pay it back. The subclass 309 page says this may include family members who do not accompany you to Australia.

Australian values statement

You and any family members who apply with you who are 18 years of age or older must have read, or had explained to you, the Life in Australia booklet, and must sign an Australian Values Statement confirming you will respect the Australian way of life and obey Australian laws.

Best interests of the child

The department might not grant this visa if it is not in the best interests of an applicant under 18.

Where you can be when the visa is decided

The "You must" list on the subclass 309 page separates the two timing points. Being outside Australia applies when you apply, together with any family applying with you. On the decision itself, the page says you must be in or outside Australia when the department decides your temporary visa application.

What holding the visa does

The overview lists what you can do while you hold it: live, work and study in Australia while the department processes your permanent Partner visa; travel to and from Australia as many times as you want; attend free English language classes through the Adult Migrant English Program if you are eligible; and apply for access to Medicare. You can stay temporarily until your permanent Partner visa (subclass 100) application is finalised or you withdraw your application.

Cost and processing times

The Cost section of the subclass 309 page states that concessions apply in limited circumstances, and that from 1 July 2026 a lower visa cost applies to eligible Pacific Island and Timor-Leste citizens who lodge a valid visa application. The page directs you to the Visa Pricing Estimator to work out what your visa will cost, noting the estimator does not take into account other costs relating to your visa.

On processing times, the page says processing times for Partner visa applications vary and that applicants may experience longer processing times than expected. It points to the visa processing time guide tool for an indication, describing that as a guide only and not specific to your application. Applications are processed according to Ministerial Direction 117, with more information under Family visa processing priorities.

Questions people ask

Do I have to be outside Australia when I apply?

Yes. The subclass 309 page says you must be outside Australia when you apply for this visa, and family who apply with you must also be outside Australia.

Does the 12-month relationship rule always apply?

Not always. The subclass 309 page says the 12-month requirement will not apply if you can show compelling and compassionate circumstances exist, and it lists further situations where it also does not apply, including certain relationships involving permanent humanitarian visas or a relationship registered with an Australian State or Territory authority.

Can I change my sponsor later?

The subclass 309 page says you cannot change your sponsor, and that the person who sponsors you when you apply must be the same person who sponsors you for 2 years after the temporary partner visa (subclass 309) is granted.

Where do I have to be when the decision is made?

The "You must" list on the subclass 309 page says you must be in or outside Australia when the department decides your temporary visa application.

Does family applying with me have to meet requirements too?

The page says you and any family members who apply for the visa with you must meet the health requirement, family members aged 16 years and over who apply with you must meet the character requirement, and anyone who applies with you who is 18 or older must sign an Australian Values Statement.

Sources

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

Checked 11 October 2026

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