VISA REFUSED OR CANCELLED? CALL 1300 558 472 · SAME-DAY CONSULTATIONS FROM $97
➡️
Urgent — strict deadlines apply

Partner Visa (309/100) Second Stage

The final step to your permanent residency from offshore.

NN
Nilesh Nandan
Immigration Lawyer · BBus(Accy) LLB MBA · Last updated March 2026
Book 10 Minutes with Me

Overview

The second stage for the offshore partner visa involves the assessment for the permanent Subclass 100 visa. This assessment takes place approximately two years after your initial 309/100 application was lodged. The Department of Home Affairs will invite you to submit evidence demonstrating that your relationship with your Australian partner is ongoing and genuine. I manage this final, crucial step to transition you from a temporary visa holder to a permanent resident of Australia.

Verify all deadlines independentlyThe partner visa (309/100) second stage deadlines and time limits referenced on this page are general guidance only and may not reflect your specific circumstances. Appeal periods and response deadlines vary depending on the visa type, the basis of the decision, and how and when the decision was notified to you. Always check your decision letter for the exact deadline that applies to your case and seek independent legal advice before relying on any date. Getting a deadline wrong can permanently affect your appeal rights.

This final assessment is a critical checkpoint. It is not an automatic process. You are required to submit a fresh round of evidence covering the period since your initial offshore application. This evidence must substantiate your claims of a shared life in Australia since the grant of the 309 visa. I guide you in compiling proof of cohabitation, joint finances, social recognition of your partnership, and your continued commitment to a life together.

The Department will re-evaluate your relationship against the four key criteria: financial, household, social, and commitment aspects. My role is to ensure your submission is robust and leaves no room for doubt. I assist in gathering updated documents like joint leases or property ownership, shared bank accounts, utility bills, and recent statutory declarations from friends and family who can vouch for your relationship in Australia.

Navigating the second stage can be complex if your circumstances have changed. If you have experienced a relationship breakdown, the birth of a child, or family violence since arriving in Australia, it is vital to seek expert legal advice. There are special provisions that may still allow you to be granted a permanent visa. I offer confidential consultations to discuss your situation and advise on the best and safest path forward.

Key Facts

Visa Subclass100 (Migrant/Permanent)
EligibilityApprox. 2 years after lodging the initial 309/100 application
RequirementMust prove the relationship is still genuine and continuing
FeeNo further government fee is required for this stage
OutcomeConfirmation of Australian permanent residency

How I Work — Step by Step

1

Eligibility Monitoring

I keep track of your case and notify you as you approach the two-year mark from your initial application lodgement.

2

Evidence Compilation

We collaborate to gather and review all necessary documents to prove the continuation of your genuine relationship since you moved to Australia.

3

Submission Preparation

I prepare a thorough submission with updated forms and all supporting evidence, addressing the four pillars of your relationship.

4

Lodgement and Grant

I lodge the submission on your behalf and manage the process until you receive the grant of your permanent Subclass 100 visa.

What I Do

  • Monitor your eligibility date for the permanent Subclass 100 visa.
  • Provide a clear and detailed checklist of the evidence needed for the second stage.
  • Assist in preparing new statutory declarations from you, your sponsor, and your witnesses.
  • Compile and meticulously organise your evidence from the past two years.
  • Prepare and lodge the second stage submission for the permanent visa.
  • Provide strategic advice for complex cases, including relationship cessation or family violence.
  • Act as your representative with the Department until your permanent residency is granted.

Who Is This For?

  • Holders of the provisional Partner Visa (Subclass 309) who are nearing their second stage eligibility date.
  • Applicants who require assistance in documenting their shared life in Australia.
  • Couples facing changes in their circumstances who need confidential legal advice.
  • Anyone seeking professional assurance for the final and most important step of their partner visa journey.

Common questions about

When do I become eligible for the permanent 100 visa?+
You become eligible for assessment two years from the date you lodged your original offshore partner visa application. The Department will typically contact you around this time, but I proactively manage this timeline for my clients to ensure we are prepared.
What if we have spent time outside Australia after the 309 was granted?+
As a 309 visa holder, you have travel rights. Time spent overseas is generally not an issue, as long as you can still prove a shared life and a primary residence in Australia with your partner. We would address any significant absences in the submission.
Is the evidence for the second stage the same as the first?+
The type of evidence is the same (financial, social, etc.), but it must be *new* evidence covering the period since your first application. You need to show the relationship has progressed and continued. You cannot simply re-submit old documents.
What happens after the 100 visa is granted?+
The Subclass 100 visa is a permanent visa. It allows you to live, work, and study in Australia indefinitely. After meeting residency requirements, you may be eligible to apply for Australian citizenship. I can advise you on this next step when the time comes.

Free Guide: Preparing a Strong Partner Visa Application

This guide walks you through the evidence the Department actually looks at, the most common reasons partner visas get refused, and how to avoid a genuinely concerning relationship finding. Written from 27 years of experience.

This matter has strict legal deadlines. Act immediately.

Book a Consultation

Choose the right consultation for your partner visa (309/100) second stage matter.

Continue to Booking

Same-day consultations available · Secure payment via Stripe

Message on WhatsApp
Quick response · No obligation

The information on this page is general in nature and does not constitute legal advice. Thoughts only — not legal advice.

Important: The information on this website is provided for general informational purposes only and does not constitute legal advice. Immigration law in Australia is complex, fact-specific, and subject to frequent change under the Migration Act 1958 (Cth), the Migration Regulations 1994, and departmental policy. You must seek independent, qualified legal advice tailored to your specific circumstances before making any immigration decision or taking any action. Viewing this website does not create a solicitor-client relationship. Terms of Use | Full Disclaimer

Need protection visa and refugee law help? Get expert advice today.
Expert consultations from $97 · Satisfaction guaranteed on all consultations
Book a Protection Visas & Refugee Law Consultation
MEMBER OF
LCA
Law Council of Australia
MIA
Migration Institute of Australia
MIA-CCAB
MIA Character & Cancellation Advisory Board
MIA-DC
MIA Disciplinary Committee 2026
LS
New South Wales Law Society
AALA
Australian Asian Lawyers Association
CCC
Ku-ring-gai Chamber of Commerce
PSS
Professional Standards Scheme

ACKNOWLEDGMENT OF COUNTRYI acknowledge the traditional owners of the land on which we operate, the Gadigal people of the Eora Nation. I pay my respects to elders past, present, and emerging, recognising their enduring connection to the land, waters, and culture.

© 2026 MyVisa — Nilesh Nandan Immigration Law Advisory. All rights reserved.· A MyVisa brand

MyVisa Australia Pty Ltd ABN 65 092 524 359 (service entity for MyVisa Lawyers Pty Ltd ABN 54 607 960 547). Nilesh Nandan is an admitted solicitor and Australian legal practitioner admitted to the High Court of Australia, authorised to provide immigration assistance under the Migration Act 1958. As a legal practitioner regulated by the New South Wales Law Society, Nilesh is not required to be registered with the Office of the Migration Agents Registration Authority (OMARA). Nilesh Nandan BBus(Accy), LLB, MBA, MMIA — Head of Practice. Member: Law Council of Australia · Migration Institute of Australia (MMIA) · MIA Character & Cancellation Advisory Board · MIA Disciplinary Committee 2026 · New South Wales Law Society · Australian Asian Lawyers Association · Ku-ring-gai Chamber of Commerce. *Based on publicly available Google reviews. No other individual immigration lawyer in Australia has more reviews, across more locations, sustained over a longer period, with a comparable satisfaction rating.

Liability is limited by a scheme approved under Professional Standards Legislation. The content on this website is provided for general information purposes only and does not constitute legal advice. It is not intended to be relied upon as, and should not be taken as, a substitute for specific legal advice relevant to your individual circumstances. Immigration law is complex and subject to frequent change; the information on this site may not reflect the most current legal developments and may not apply to your situation. You should seek independent, qualified legal advice before making any immigration decision or taking any action based on the content of this website. Viewing this website, using the tools provided, or contacting our office does not create a solicitor-client relationship. Parts of this website are enhanced through the use of artificial intelligence; despite best endeavours, AI-assisted content may not be suitable for your specific immigrati MyVisa® is a registered trademark used under licence. MyProtectionVisa is not affiliated with the Department of Home Affairs or any government agency. MyProtectionVisa is a specialist brand of MyVisa Australia Pty Ltd.

We use cookies to analyse website traffic and improve your experience. Advertising cookies help us measure the effectiveness of our campaigns. You can accept or decline optional cookies. Privacy Policy

Book Now
Call