Understanding Visa 309/100 – Partner Visa for Applications Made Outside Australia
In 2025, the Australian government is expected to grant 40,500 visas for people wanting to settle in Australia through marriage. If you want to come to Australia through marriage, the Australian Visa 309, a partner visa for applications made outside Australia, might be the opportunity for you. So what is Australian visa 309? What is the process for applying for an Australian marriage visa? What conditions need to be met and what documents need to be prepared? The answers will be provided by HTE Law Group in the following article!
What is Australian Visa 309?
Australian Visa 309 (partner provisional visa – subclass 309), commonly known as the Australian Marriage Visa 309. This is a temporary visa that allows the spouse or de facto partner of an Australian permanent resident, Australian citizen, or eligible New Zealand citizen to live in Australia while waiting to be granted a permanent visa (Visa 100).
What is Visa 100?
Visa 100 (partner migrant visa) is a permanent visa category that allows the official or de facto spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia long-term. Visa 100 is only for those who already have Australian visa 309.
The permanent marriage visa outside Australia (subclass 100) is an important step in legalizing and consolidating the marital relationship in Australia. This is the subsequent stage after couples have completed the temporary stage in Australia through the Marriage Visa Outside Australia – Subclass 309.
It should be noted that the process of applying for visa 100 will require accompanying documents from the visa 309 application. For this reason, people still commonly know the partner visa for applications made outside Australia as visa 309/100.
The validity period of visa 309 is 2 years. During this time, you need to prove your close relationship with your partner and supplement information and evidence to your file. After that, the immigration department will review and grant a permanent visa (visa 100) so you can live in Australia with your spouse.
What rights do you get when holding Visa 309/100?
When holding visa 309/100, the sponsored person can live and work in Australia. Additionally, whether in the temporary or permanent stage, this visa still provides them with many attractive benefits. Specifically:
Rights when holding Australian visa 309
- Residence rights: Permitted to enter or remain in Australia with your partner until a decision is made on your permanent visa (visa 100).
- Travel rights: Can travel within and outside Australia while waiting for permanent visa.
- Study and work rights:
+ Permitted to work in Australia
+ Have the right to study in Australia, but you will not receive financial support from the Government for university education
- Sponsorship rights: Not allowed to sponsor parents, children, or other relatives to migrate to Australia
- Social security rights: You can participate in Australia’s health insurance and hospital care program
Rights when holding Australian visa 100
- Residence rights: Can settle in Australia and have the opportunity to become an Australian citizen when meeting sufficient conditions
- Travel rights: Free to enter and exit Australia
- Study and work rights: Permitted to study and work in Australia
- Sponsorship rights: Allows you to sponsor parents, children, or relatives meeting necessary criteria to settle in Australia
- Social security rights: You can participate in Australia’s health insurance and hospital care program. You also receive benefits from Australia’s community healthcare program (Medicare)
Besides the marriage visa applied outside Australia like 309/100, if you want to apply for a marriage visa within Australia, you can learn about visa 820/801. Additionally, Hunter Immigration has shared information about Australian visa 300 for fiancés for your reference. These are visas for people wanting to marry Australian citizens or permanent residents.
Conditions to meet when applying for Australian Visa 309/100
Important conditions to meet when applying for Australian Visa 309 and visa 100 include:
Conditions for the sponsor
- You must have one of the following citizenships: legal New Zealand, Australian, or Australian permanent resident
- You have never been a sponsor for anyone under Australian fiancé or spouse category before
- You have never been a sponsor for anyone or have sponsored under Australian marriage visa at least 5 years ago
- You have no criminal record related to violence, weapons, child sexual abuse, human trafficking
- Background: meet the Australian Government’s criteria requirements
Conditions for the sponsored person
- You must have citizenship of another country and must not be present on Australian territory when applying and receiving the visa
- You must comply with all Australian regulations regarding health and character
- You must pay all debts to the Australian Government before being sponsored
- Supplement evidence and information proving your close relationship with your spouse during the period of holding visa 309. This will be beneficial for applying for visa 100 to permanently reside in Australia
Conditions for both sponsor and sponsored person
- Be 18 years or older
- Have a long-term relationship, at least 1 year before applying for visa
- Have lived together as spouses and intend to continue maintaining this relationship
- Married in a genuine and serious manner (meeting all 4 aspects of marital relationship including: family life, social, financial, and long-term commitment)
- Comply with Australian law
Processing Time for Australian Marriage Visa Subclass 309/100
The processing time depends on the detail and accuracy of the documents you submit. The Australian Immigration Department announces that the processing time for visa 309 and visa 100 can range as follows:
| Processing time | Visa 309 | Visa 100 |
| About 50% of visa applications approved | 17 months | 12 months |
| About 90% of visa applications approved | 30 months | 55 months |
One reason why the Australian spouse visa application process is delayed is due to incomplete and inaccurate documents. Self-preparing documents without understanding detailed requirements can cause many unavoidable errors. This will affect your visa 309 processing time.
To ensure the fastest processing time for your Australian visa 309 application and shorten the time to get the visa, you can use visa processing services at Hunter Tề Immigration. Our team of experienced migration specialists will quickly help you prepare and complete your documents in the most meticulous way.
What documents are required for Australian visa 309 application?
When reviewing family visa 309/100 applications, Australian Immigration Department staff strictly check the information provided by applicants. Therefore, you need to carefully prepare the following mandatory documents for a smoother review process:
| Document Type | Specific Documents |
| Identity documents | • Certified copy of birth certificate
• Certified copy of household registration • Certified copy of passport • Certified copies of documents showing previous name changes (if any) • Certified copy of marriage registration • Health examination certificate • Two passport photos |
| Financial evidence | Evidence proving both share finances together such as: joint mortgage contracts, joint rental contracts, joint loan contracts, bank account statements or household bills with both names |
| Family evidence | Evidence that both share daily life issues such as: household chores, household bills with both names, emails sent to both, documents proving joint responsibility for children, joint childcare (if any) |
| Social evidence | • Evidence that both have announced this relationship to family, friends, relatives, colleagues, people around
• Additionally, you need to provide 2 statutory declarations from people who know about your relationship, such as parents, relatives or friends |
| Commitment evidence | Provide evidence that you understand the history, family circumstances, and personal information of your partner. At the same time, you also need evidence that you have integrated personal aspects, terms in your will, and maintained contact when both are apart |
| Information forms | These forms will be provided with specific instructions on how to fill them out by immigration authorities |
Process for implementing Australian Visa 309
Australian Visa 309 is a type of visa that allows you to temporarily settle in Australia if you are the spouse or partner of an Australian citizen or permanent resident. To obtain visa 309, you need to go through a 6-step process, described as follows:
Step 1: Understand the necessary conditions for application
Before starting the application, you need to thoroughly research the requirements for documents, processing time, fees, and other regulations for this type of visa. This way, you will know whether you are suitable to apply for visa 309 and can better prepare for the application process.
If you need additional consultation, please contact HTE Law Group immediately at HOTLINE +61 1300 833 789. We will help you assess your documents and provide the most professional advice!
Step 2: Complete application forms and submit documents online
Document preparation:
- Prepare all types of documents according to the list that HTE Law Group has shared above
- Translate all documents and papers into English
- Scan (color scan) all documents along with prepared translations and save as separate files
Submit application online:
- Go to the Australian Immigration Department website and register an ImmiAccount here
- Complete the online visa application form, stage 1 – partner visa application made outside Australian territory (visa 309/100)
- Pay visa fees using online payment methods required by the Immigration Department
- Upload previously prepared documents and papers
Note: You are only considered to have submitted an application after completing visa fee payment.
Step 3: Monitor and update application information
- Monitor ImmiAccount or registered email to receive visa result notifications from the Australian Home Affairs Department
- Health examination
- Provide biometric data (if requested)
Step 4: Receive Australian visa 309 (temporary visa)
If your application is approved, you will receive Australian visa 309, allowing you to enter and live in Australia while waiting for Australian visa 100 (permanent visa) processing.
Note that during the visa 309 processing period, you must be outside Australian territory.
Two possibilities occur after receiving visa 309:
- If you are granted visa 100 immediately after receiving visa 309, you don’t need to complete steps 5 and 6 below
- If you haven’t been granted visa 100, you need to complete steps 5 and 6 to finish the settlement process in Australia
Step 5: Supplement documents after 2 years to apply for visa 100
Document preparation:
- Compile all required documents as mentioned above
- Translate all documents into English and notarize
- Color scan all documents with English versions and save as separate files
Supplement documents online (maximum 1 month before the 2-year deadline) through ImmiAccount:
- Log into ImmiAccount
- Complete stage 2 – permanent visa assessment for partner category (visa 100)
- Upload prepared documents
Additionally, you need to supplement documents proving that you have maintained your relationship with your partner after 2 years from receiving visa 309.
Step 6: Wait to receive Australian visa 100 result (permanent visa)
After supplementing documents, you just need to wait for the review result from the Home Affairs Department. You can track your application status through ImmiAccount or registered email. If you are granted visa 100, you will be permanently settled in Australia and have rights like an Australian citizen.
Cost of applying for Visa 309/100
To apply for marriage visa outside Australia, you need to submit applications for both visa 309 and visa 100 simultaneously. The fee you pay when submitting the application includes both visas:
| Fee type | Amount to pay (AUD) |
| Visa registration fee for sponsored person | 9,365 AUD |
| Visa fee for accompanying person | • 4,685 AUD: for people 18 years and older
• 2,345 AUD: for people under 18 years |
| Health check, judicial background check and biometric fees | About 300 AUD/person |
Mistakes that cause Visa 309/100 application failure
There are specific reasons why applying for visa 309 to settle in Australia may fail. Below is a list of important points you need to consider:
- Sponsor does not meet the requirement of being an Australian permanent resident, Australian citizen, or New Zealand citizen
- Lack of significant evidence of marital relationship between both parties
- Providing inconsistent or incomplete information
- In the past 5 years, the sponsor has previously sponsored another partner to Australia
- In the past 5 years, the sponsor has been sponsored by someone else under spouse visa category
- Sponsor has a history of violations related to violence, weapon use, sexual relations with children, illegal human trafficking, and similar crimes
Besides the above reasons, you also risk failing visa 309 if you violate errors in the document preparation process such as:
| Common errors | Specific errors |
| Document errors | • Providing incomplete mandatory documents
• Translation errors, inaccurate translation, especially legal errors • Evidence provided is unclear |
| Evidence errors | • Family aspect evidence is insufficient
• Relationship commitment evidence is not convincing • Social aspect evidence is not authentic • Documents don’t prove financial sharing |
| Interview errors | • Giving incorrect answers
• Both parties’ interview answers don’t match |
To increase the chances of success in obtaining visa 309, careful document preparation and logical, meticulous interview responses are important.
We hope what HTE Law Group has shared helps you understand more about Australian visa 309 and visa 100. Delayed document preparation process can cause you to miss the opportunity to settle in Australia with your partner. Please contact HTE Law Group immediately – with rich professional experience, our specialist team at HTE Law Group will help you solve all immigration issues as quickly as possible.
Frequently asked questions when applying for Australian visa 309
Can I bring my children to Australia with visa 309?
Yes, you can include your children in the visa 309 application if they meet the necessary conditions.
Can I stay in Australia after visa 309 expires?
No, you cannot stay in Australia after visa 309 expires. You need to have a permanent settlement visa or another visa to be able to stay.
Can I apply for visa 309 while already in Australia?
No, visa 309 is a marriage visa outside Australian territory, so you need to apply from outside Australia.