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COVID-19 waiver for offshore Partner visa grant requirement


Update (October 2026)

These concessions ended with the COVID-19 concession period on 25 November 2023. Partner and Child visa applicants who applied before 26 November 2023 and were in Australia at any time during the concession period can still be granted their visa in Australia. See our COVID-19 concession period ending post for details.

Update: COVID-19 concession period ending

The Department has announced that it will waive the requirement for certain family visa (including the Prospective Marriage- sc300 and Partner visa -sc309) visa applicants to be offshore (outside Australia) for the grant of their visa from early 2021. Some categories of visa require applicants to be outside of Australia at the time the visa is granted. The Department is aware that the travel restrictions and limitations associated with COVID-19 are affecting visa applicants, particularly applicants for family visas who have come to Australia.

It is intended that changes will be implemented in early 2021 that would allow certain family visas, which have been applied for outside Australia, to be granted while the visa applicant is in Australia.  This temporary concession will be for people who are in Australia and are not able to travel offshore to be granted the visa due to COVID-19 related border closures.

The concession will apply to certain applicants for the following Family visa subclasses including the below partner visas:

Further information will be available in early 2021.

If your visa has expired, or is about to expire, book a consultation to discuss your options to remain in Australia lawfully.

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What this means in 2026

The COVID-19 waiver let some family visa applicants be granted their visa while they were in Australia. It ended with the concession period on 25 November 2023. Unless you applied before 26 November 2023 and were in Australia at some time during the concession period, the normal rule applies again: if the visa requires you to be outside Australia at grant, you must leave before the decision is made. An offshore visa cannot be granted while you are in Australia, so leaving late can delay your grant, and the waiver period cannot be extended.

Visa Where you need to be when it is granted
Partner visa (subclass 309/100), applied outside Australia Outside Australia
Prospective Marriage visa (subclass 300) Outside Australia
Child visa (subclass 101) and Adoption visa (subclass 102) Outside Australia
Partner visa (subclass 820/801), applied in Australia In Australia (you can usually stay on a bridging visa while you wait)

You can visit on a visitor visa if one is granted to you, but you need to be outside Australia when the 309 is decided. Home Affairs will usually contact you when a decision is close, so plan for travel at short notice.

It can suit you if you are in Australia on a substantive visa that does not have a no further stay condition, because you can stay on a bridging visa while it is processed. Visitor visa holders often face extra requirements, so get advice before you lodge.

The government charge for the main applicant is AUD 11,710 from 1 July 2026, for both the onshore and offshore partner visa.

Next steps: check where you need to be at grant before you travel, keep your relationship evidence up to date while you wait, and see our Partner visa guide or book a consultation to choose between the onshore and offshore options.

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