The offshore Partner visa (subclass 309, then subclass 100) is lodged from India by the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen. One visa application charge of AUD 11,710 from 1 July 2026 covers both stages: the provisional 309, which lets you enter and work with no restrictions, and the permanent 100, assessed two years after lodgement or immediately for long-standing relationships. There is no sponsor income test. The decision turns on the four pillars of a genuine and continuing relationship, and Home Affairs' published processing times for the 309 have run to a year or more.
The compact version with the price card, checklist and refusal cases is on the Australia Partner visa route page. This article explains both sides of the file, the four pillars in detail and the two-stage process.
Who can sponsor an Australia partner visa, and who can apply?
The sponsor must be an Australian citizen, permanent resident or eligible New Zealand citizen, usually living in Australia, and lodges a separate sponsorship application (Form 40SP) that must be approved before the visa is granted. Sponsorship limits apply: no more than two approved partner sponsorships in a lifetime, at least five years between them, and the sponsor must consent to police checks and to disclosure of relevant offences to the applicant. A sponsor with convictions for violent or sexual offences may be barred.
The applicant must be 18 or over and legally married to the sponsor under Indian law (a registered marriage certificate; a religious ceremony alone is not enough) or in a de facto relationship with 12 months of living together, waived where the relationship is registered in an Australian state or there are compelling circumstances such as a child. The relationship must be genuine and continuing, with a mutual commitment to a shared life to the exclusion of all others, and the couple must be living together or only temporarily apart.
What are the four pillars, and what evidence satisfies each?
| Pillar | What the officer looks for | Evidence from an Indian file |
|---|---|---|
| Financial | Pooled resources, shared liabilities | Joint accounts, remittance receipts, shared rent or EMIs, insurance beneficiary nominations, joint assets |
| Household | Shared living arrangements and responsibilities | Lease or property documents showing both names, utility bills, mail to the same address, photos of the home, division of chores in statements |
| Social | The relationship is known and accepted | Wedding invitations and photos, joint travel bookings, Form 888 statutory declarations from relatives and friends, social media, invitations addressed to both |
| Commitment | Knowledge of each other and plans | Communication history across the whole relationship, visits with boarding passes, wills or nominations, written statements from each partner on the past and the future |
Arranged marriages are assessed on the same evidence. The file should explain the arrangement, the families' role and the timeline, and show the relationship as it has actually been lived since: visits, calls, remittances, joint decisions. Periods apart are normal for an offshore couple, but each should be evidenced with continuing contact. Inconsistencies between the two partners' statements and the documents are the quickest route to a refusal.
Fees
| Item | AUD | Notes |
|---|---|---|
| Partner visa 309/100, main applicant | 11,710 | From 1 July 2026 (AUD 9,365 before); one charge for both stages |
| Additional applicant 18 or over | 5,860 | Dependent adult child in limited cases |
| Additional applicant under 18 | 2,935 | Each child |
| Sponsorship application | Nil | Lodged separately by the sponsor |
| Health examinations | Panel physician fee | Each applicant |
| Police clearance certificates | Passport Seva and other national fees | India and every country lived in for 12 months or more in the last 10 years |
The charge is paid in full at lodgement and is not refunded if the visa is refused or the relationship ends. Couples living in Australia use the onshore 820/801 at the same charge; the 309 is the route for a spouse living in India.
How the application runs
- Confirm eligibility and assemble the four-pillar evidence across the whole relationship with a short index.
- The applicant lodges the 309 in ImmiAccount (Form 47SP details), pays AUD 11,710 and uploads identity documents, relationship evidence, Form 80 character details and Form 888 statutory declarations from at least two Australian citizens or permanent residents who know the couple.
- The sponsor lodges the sponsorship application (Form 40SP) with citizenship or residence evidence, an Australian Federal Police check and the sponsorship declaration.
- The applicant completes a health examination with a panel physician in India, obtains the Indian PCC and any other certificates, gives biometrics when requested and answers any request for information within 28 days.
- On grant of the 309 the applicant enters Australia with unrestricted work rights. Two years after the original lodgement Home Affairs requests updated evidence and grants the permanent 100 if the relationship continues.
| Stage | Typical time |
|---|---|
| Evidence gathering | 1 to 3 months |
| Sponsorship approval | Assessed with the visa |
| 309 decision | Often more than a year; Home Affairs publishes monthly 50 and 90 percent figures |
| Permanent 100 stage | Assessed from two years after lodgement; several months to decide |
A relationship of three years or more at lodgement (two years with a child of the relationship) qualifies for the permanent 100 without the two-year wait. The applicant can visit Australia on a Visitor visa (subclass 600) while waiting, declaring the pending partner application; grant is discretionary and condition 8503 may be imposed. Plan to spend most of the first year in India.
After the grant
The 309 holder can live, work and study in Australia, enrol in Medicare and travel freely until the permanent decision. If the relationship ends before the 100 is decided, the visa normally ends with it, except where there is family violence, a child of the relationship, or the sponsor has died. Citizenship by conferral follows after four years of lawful residence including 12 months as a permanent resident; time on the 309 counts towards the four years. India does not permit dual citizenship, so naturalising means surrendering the Indian passport and applying for an OCI card.
Why are Australian partner visas refused, and what fixes each reason?
Relationship not genuine and continuing. Thin evidence under one or more pillars, inconsistent statements, or long gaps with no contact evidence. Build the chronological bundle with both partners' statements and Form 888 declarations, and address each pillar explicitly.
De facto period not met. Fewer than 12 months of cohabitation and no registered relationship. Register the relationship in an Australian state where possible, or marry and apply as spouses.
Sponsor ineligible. Two previous sponsorships, one within five years, or relevant convictions. Check the sponsor limitations before lodging; a refused sponsorship means a refused visa and a lost charge.
Public interest criterion 4020 or character. A false document, an undisclosed previous marriage or an undeclared conviction by either party. Declare everything and use only verifiable documents.
Health. A condition assessed as a significant cost without a waiver being considered. Complete examinations early and take advice on the health waiver that applies to partner visas.
How Vistolane handles it
Family routes on Vistolane go to a licence-checked, MARA-registered migration agent chosen on the Australia destination page, who structures the four-pillar bundle and the sponsor's application before anything is paid. Start with the free eligibility check or the Australia Partner visa route page.
