Partner visas / Subclass 309/100

Partner visa · apply from overseas

Partner visa, apply from overseas (309/100).

For couples where the applicant is outside Australia. You apply for the temporary 309 and permanent 100 together, then move to Australia once the 309 is granted.

Apply fromOutside Australia
Stages309 provisional, then 100 permanent
100 assessedAbout 2 years after you apply
Government chargeFrom AUD 11,710

Our fees

Clear terms, agreed before you begin.

At Zest Legal, we believe in clear, upfront pricing. Our professional fees for standard visa applications are outlined below, so you know what to expect before getting started.

Partner and family visas

Onshore partner visa (820/801)Quoted individually
Offshore partner visa (309/100)Quoted individually
Prospective marriage visa (300)Quoted individually

We act on fixed professional fees for most matters, confirmed in writing together with the scope of our services before you proceed. Government charges and third-party expenses are additional.

Eligibility

Who can apply.

You must be outside Australia when you lodge, and married to or in a de facto relationship with an Australian citizen, permanent resident or eligible New Zealand citizen.

Married

  • Your marriage is valid under Australian law
  • You have a genuine and continuing relationship
  • You live together, or don't live apart permanently

De facto

  • Usually 12 months living together before you apply
  • The 12 months may not apply if your relationship is registered in an Australian state or territory
  • You have a genuine and continuing relationship

Your partner (sponsor)

  • Australian citizen, permanent resident or eligible New Zealand citizen
  • Usually 18 or over
  • Limits apply if they have sponsored a partner before
Where you are matters. You must be outside Australia when you apply, and generally when the 309 is decided. You can usually visit Australia while you wait, but you'll need to leave before a decision. We plan the timing with you.

While you wait

What you can do once the 309 is granted.

Move to Australia

Live in Australia with your partner while the permanent 100 stage is processed.

Work and study

Work and study in Australia. You can also enrol in Medicare.

Travel

Travel in and out of Australia as many times as you want while the 309 is in effect.

Evidence

What Home Affairs looks at.

Your relationship is assessed across four areas. Most refusals come from thin or inconsistent evidence, not from the relationship itself.

A couple reviewing household finances together

Financial

Joint bank accounts, shared bills, leases or loans, and how you share day-to-day costs.

A shared home office set-up

Household

Living arrangements, shared responsibility for the home, and mail addressed to you both.

Friends sharing a meal

Social

Whether friends and family know you as a couple: photos, travel, invitations and Form 888 statements from people who know you.

A couple walking together at sunset

Commitment

Your history together, time spent apart and how you stayed in touch, and your plans for the future.

Free partner visa evidence checklistEvery document Home Affairs looks for, across all four areas.
Get the free checklist

How it works

From first call to decision.

01

Discovery call or consultation

A free 15-minute discovery call checks basic eligibility and whether we're the right fit. It isn't legal advice. For advice on your situation, book a 30-minute consultation ($330).

02

Engage us

You receive a written quote, a document checklist and an evidence plan for your relationship.

03

We build your application

Your lawyer checks every document and drafts your relationship statements with you.

04

Final review and lodgement

You approve it and we lodge. We deal with Home Affairs until a decision.

Client reviews

What couples say about us.

★★★★★
“I had the best experience working with Zest Legal. My lawyer Rosa was so helpful and supportive, she made sure everything was perfect for my partner visa application. I am forever grateful, thank you to the Zest Legal team.”
Royce Aguilon Reyonda
★★★★★
“Rosa Nobarani and the team at Zest Legal were fantastic. Rosa's expertise and attention to detail gave me confidence that I was in good hands and she went above and beyond to successfully help our family. We cannot thank you enough.”
Belle Tripodi
★★★★★
“The Zest Legal team helped my brother bring his fiance to Australia. It was a tricky case, but the team did a fantastic job and we succeeded on our first go. Very responsive, professional service. Thank you.”
Sandrah M

★★★★★ 4.9 from 58 Google reviews

FAQ

Questions about the Subclass 309/100.

How long does it take?

Processing times vary. Home Affairs publishes a guide based on recently decided applications. The permanent 100 stage is assessed about two years after you first apply.

Can I visit Australia while I wait?

Often yes, on a visitor visa, but you generally need to be outside Australia when the 309 is decided. We'll help you plan visits around this.

Should we apply onshore or offshore?

It depends on where you are, your current visa and its conditions. See our comparison, or ask in your free call.

What does your fee cover?

Both stages: preparing and lodging the 309/100 application, responding to Home Affairs requests, and preparing your 100 stage. Government charges, medicals and police checks are extra.

Can I pay in instalments?

Payment arrangements are discussed when we provide your quote and confirmed in your engagement letter.

Not sure which visa fits?

Book a free 15-minute discovery call to check basic eligibility and whether we're the right fit. It isn't legal advice, and depending on your circumstances you may still need a consultation. For legal advice now, book a 30-minute consultation ($330). Or call 1300 079 743.

Book a call or consultation

Schedule a free introductory call with our principal solicitor, Rosa Nobarani to discuss your immigration needs today.