Love Across Borders: Your Guide to the Subclass 309 Partner (Provisional) Visa

Zhanna Heenan

Visa News

If you’re in a committed relationship with an Australian citizen or permanent resident but currently living outside Australia, the Subclass 309 Partner visa might be your gateway to building a life together Down Under.

For couples separated by geography, this visa offers a legal path to reunite, live together in Australia, and ultimately pursue permanent residency. But navigating the application process without expert guidance can be overwhelming and costly.

This guide demystifies the Subclass 309 visa and shows you how to avoid common pitfalls—so you can focus on what truly matters: your future together.

What Is the Subclass 309 Visa?

The Subclass 309 (Partner (Provisional)) visa is the offshore partner visa that allows the spouse or de facto partner of an eligible Australian citizen, permanent resident, or eligible New Zealand citizen to enter and remain in Australia temporarily.

It’s the first step in a two-stage partner visa process, with the Subclass 100 (Partner (Permanent)) visa being the second stage, assessed approximately 2 years after the 309 visa application is lodged.

Who Can Apply?

To qualify for the Subclass 309 visa, you must:

The visa is inclusive of same-sex and opposite-sex relationships, recognising Australia’s commitment to equality.

De Facto Relationship? Here’s What You Need to Know

If you’re not married, you can still apply based on a de facto relationship, but there are some key requirements:

Strong documentary evidence of your relationship is critical—from shared finances and housing to photos and communications.

Why Choose the Subclass 309 Visa?

Common Mistakes That Can Delay Your Visa

Even genuine couples often run into problems due to:

Sponsorship Requirements

Your sponsor must:

Processing Priorities and Compassionate Circumstances

Under Ministerial Direction 102, all partner visa applications are considered high priority. However, cases with compelling and compassionate circumstances—such as medical emergencies or separation from children—can be escalated.

Our firm helps clients present these cases effectively to fast-track processing.

What Happens After You’re Granted a 309 Visa?

The Subclass 309 visa is temporary, allowing you to:

You’ll generally be considered for the permanent visa 2 years after lodging Subclass 309 application.

Why Use a Registered Migration Agent?

Partner visa applications are high-stakes and document-heavy. An error or omission can lead to delays, refusals, or even separation. At Heenan & Browne Visa and Migration Services we:

✔️ Tailor your visa strategy to your unique relationship
✔️ Prepare compelling relationship evidence
✔️ Monitor timelines and liaise with the Department
✔️ Handle complex issues like previous refusalsSection 48, or Schedule 3 waivers (where relevant)

Ready to Reunite with Your Partner?

Don’t let paperwork delay your plans to be together. Our expert team has helped countless couples successfully secure their Partner visas—and we can do the same for you. Book your consultation today.

Disclaimer: This article is general in nature and not legal advice. Always consult a registered migration agent for personalised assistance.

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