Training manual · Australia · Family & Partner

Partner visa (offshore) (subclass 309 / 100)

Partners or spouses applying from outside Australia. Same relationship basis as the onshore partner visa.

Temporary → PermanentFamily & PartnerOffshore
OverviewProcess flowEligibility checklistDocument checklistCost checklistQualification checklistEligible casesRefusal casesSelf-exam

1. Overview

Know these facts cold before the first client conversation - they are also what the exam below tests. The 100 stage is permanent residence, usually assessed around 2 years later.

Visa typeTemporary → Permanent
LodgementOffshore
Stay309 (temporary) then 100 (permanent)
Work rightsUnlimited (once granted and in Australia)
Study rightsYes
Government charge~$9,365 (covers both stages)
Processing time~12-24+ months for the 309 stage

2. Process flow

The handling sequence for a 309 / 100 file, from first consultation to decision. Each step assumes the one before it is genuinely finished - not "mostly done".

  1. Screen the sponsor first

    Sponsor must be an Australian citizen, PR or eligible NZ citizen, with no sponsorship-limitation problems (prior sponsorships, timing bars, character). A dead sponsor issue kills the case before evidence starts.

  2. Confirm the relationship basis

    Married, or de facto for 12+ months (or a registered relationship where the exception applies). Date the relationship milestones precisely.

  3. Build the four pillars

    Financial, household, social and commitment evidence across the whole relationship: joint accounts, lease and bills, photos over time, travel, Form 888 declarations from Australians who know the couple.

  4. Statements and lodgement

    Both partners write detailed relationship statements. Lodge offshore; the applicant must be outside Australia when the 309 is granted - plan travel around it.

  5. Stage 2 - the 801

    Around 2 years after lodgement, provide updated evidence that the relationship is continuing (sooner for long-term relationships). Diary this - clients forget and the file stalls.

  6. Decision and briefing

    Brief on what changes must be reported (separation, children, addresses) and keep evidence habits alive between stages.

3. Eligibility checklist

Every box must be confirmable with evidence, not the client's say-so, before you advise that the 309 / 100 is viable.

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4. Document checklist

The lodgement pack. Aim for decision-ready: a case officer should be able to grant without asking for anything further.

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5. Cost checklist

Quote the full stack, in writing, before the client signs. Surprise costs are the fastest way to lose a client's trust (and earn a complaint).

ItemIndicative amount
Base visa application charge (2025-26, indicative)~$9,365 (covers both stages)
Health examinations (per person)~$300-500
Police certificates~$42-150 each
Relationship registration (where used)State fees vary
Your professional feePer your agency's schedule - quote in writing before Form 956
Rule of thumbGovernment charges usually change every 1 July - re-quote any file that lodges after 30 June

6. Qualification checklist

Run this in the first consultation, before taking a retainer. It screens the client, not the visa: history, hard stops and honesty come first.

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7. Case studies - eligible cases

Illustrative composites showing what a grantable 309 / 100 file looks like in practice.

Grant: Rahul from Nigeria

Background
Rahul, a small-business owner from Nigeria. Partners or spouses applying from outside Australia. Same relationship basis as the onshore partner visa.
Why it qualified
(1) A genuine and continuing relationship (married or eligible de facto). (2) An eligible Australian sponsor. (3) Comprehensive relationship evidence.
What made the file strong
Every claim was evidenced before lodgement - nothing was left 'to follow'.
Outcome
Granted within the indicative processing window (~12-24+ months for the 309 stage).

Grant: Isabella from Indonesia

Background
Isabella, a primary teacher from Indonesia. Partners or spouses applying from outside Australia. Same relationship basis as the onshore partner visa.
Why it qualified
(1) A genuine and continuing relationship (married or eligible de facto). (2) An eligible Australian sponsor. (3) Comprehensive relationship evidence.
What made the file strong
The file opened with a short submission mapping each criterion to its evidence, so the case officer never had to hunt.
Outcome
Granted within the indicative processing window (~12-24+ months for the 309 stage).

8. Case studies - refusal cases

The same visa, handled badly. Every one of these failure modes is screenable at the first consultation.

Refusal: Wei from Kenya

Background
Wei, a hospitality manager from Kenya, engaged an agent late and pushed for a fast lodgement of the 309 / 100.
What went wrong
Relationship evidence that doesn't hold up to scrutiny
Outcome
The application was refused, and the refusal must now be declared on every future application, for any country.
Lesson for the agent
Put this issue on the document checklist on day one and refuse to lodge until it is closed out.

Refusal: Elif from Malaysia

Background
Elif, a retired shopkeeper from Malaysia, engaged an agent late and pushed for a fast lodgement of the 309 / 100.
What went wrong
Sponsor eligibility problems
Outcome
The Department refused; the client lost the application charge, months of lead time, and in this subclass a refusal also complicates any onshore follow-up.
Lesson for the agent
Apply the decision-ready test: if you cannot evidence the claim today, the application is not ready to lodge.

9. Self-exam

9 questions drawn from this manual. Pass mark 80%. Answers are graded on the server and your result is recorded against your agent profile - retakes are unlimited and your best score is kept. Log in to the agent portal first so your result is saved to My trainings.

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