EMC Australia / Subclass 309 / 100
The applicant is outside Australia — provisional 309, then permanent 100.
309/100 is the overseas partner visa. The applicant usually cannot lodge it from inside Australia. Medicals, police certificates and travel need a sequence. After grant of 309, the permanent 100 looks at whether you are still a genuine couple.
Who this page is for
- Your partner is outside Australia and you want them to join you
- You are both overseas and the applicant will stay offshore until grant
- You were told you cannot apply for 820 because the applicant is not in Australia
How it works
What this visa asks of you
These are the parts of this visa, in the order they usually matter.
Offshore
Lodge from outside Australia
The applicant is outside Australia at lodgement (and usually until grant).
Coming to Australia on a visitor visa to “switch” to 820 is often the wrong move. Ask first.
Lodge from outside AustraliaChecks
Before grant
Health, police and travel
Medicals and police certificates have expiry dates. Book them in a sequence, not in a panic.
If the applicant travels to Australia on another visa while 309 is running, get advice before they fly.
After 309
Permanent 100
The relationship must still be genuine when the Department decides.
Same idea as 801. Evidence from the years after 309 matters.
Permanent 100
How EMC works
How we help
01
Onshore or offshore
Where each of you is on the day you lodge decides 820 or 309. We name it before you buy a ticket.
02
The same relationship test
Genuine, continuing, exclusive. The evidence still has to show a life together, even if you live in two countries for now.
First conversation
What to bring
- Passports
- Relationship evidence, including time spent together and apart
- Sponsor’s citizenship or PR
- Police certificates and any previous visas
Before you apply
Things that go wrong
- Do not lodge 309 from inside Australia.
- A visitor visa is a poor holding pattern for a partner visa.
- Sponsor obligations still apply.
Questions
People ask this first
Sometimes, on a visitor visa, if they are a genuine visitor and will leave. It is a risk conversation, not a default plan.
Start with your situation.
You do not need to memorise the subclass. Book a consultation, or send us a message.
MARN 1800335 · Level 14, 333 Collins Street, Melbourne VIC 3000.
Related topics
This page is general information, not advice about your circumstances. Australian migration law changes. You should consult a Registered Migration Agent before you apply. EMC Australia is OMARA-registered (MARN 1800335).