From the 309 to the 100 Partner Visa: Timing, Evidence and Where You Need to Be

The offshore partner visa is applied for as one combined application: the temporary Subclass 309 and the permanent Subclass 100. Once the 309 is granted, the 100 is assessed later. This guide explains when that happens, what you need to provide, and where you can be when the 100 is granted.

When the 100 is assessed

In most cases, the 100 cannot be granted until 2 years after the combined application was made. Around 22 months after lodgement, the Department usually emails asking you to upload updated information through ImmiAccount. Make sure your contact details are current so you do not miss it.

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When you do not have to wait

Situation	Effect
Together at least 3 years when you applied	The 100 can be assessed and granted immediately after the 309
Together at least 2 years with a dependent child of both of you	The 100 can be assessed and granted immediately after the 309
Sponsor holds a permanent humanitarian visa and declared the relationship before it was granted	The 2 year wait does not apply
Sponsor has died, family violence, or a child of the relationship	Special provisions apply without the 2 year wait

A step-child does not count for the 2 year child exception. See long-term relationships and partner visas.

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What to provide for the 100

The focus is on the relationship continuing. Provide recent evidence across the four aspects of the relationship:

• Financial: joint accounts, shared expenses and assets.
• Household: a joint lease or mortgage, bills and mail at the same address.
• Social: photos, travel together and statements from friends and family.
• Commitment: wills, superannuation nominations and future plans.

Updated police certificates and health checks may also be requested. If the Department cannot contact you, it can decide the 100 on the information it holds. See the four aspects of the relationship.

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Where you need to be

The 100 can be granted while you are in Australia or outside Australia, but not while you are in immigration clearance. If it is granted while you are outside Australia, you must make your first entry by the date set, which under policy is 12 months from grant. Missing that date does not cancel the visa automatically, but it can make the visa liable to cancellation.

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If the relationship ends before the 100

If the relationship breaks down, the 309 can be cancelled and the 100 refused, unless a special provision applies. These include family violence by the sponsor against you or a member of your family unit, where you have entered Australia after applying, and cases where you have custody, access, contact or maintenance arrangements for a child of the sponsor. See family violence and partner visas and partner visas when the sponsor dies.

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After the 100 is granted

The 100 is a permanent visa with a travel facility of 5 years from grant. See partner visa processing times.

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What you should do now

• Keep your details updated: so you receive the 22 month reminder.
• Collect evidence as you go: do not leave it until the 2 year point.
• Check if you qualify early: a long relationship or a dependent child of both of you can mean an immediate 100.
• Plan your first entry: if the 100 is granted offshore, enter within the time allowed.