The Subclass 309 visa allows an eligible partner to move to Australia and live with their spouse or de facto partner while their application for permanent residency is assessed. It sits at the start of a two visa pathway: applicants first apply for and are granted the temporary Subclass 309, and once the relevant waiting period and eligibility requirements are met, they may progress to the permanent Subclass 100 without needing to submit a separate application. Because it is an offshore visa, applicants must be outside Australia at the time they lodge the application, and the sponsoring partner must be an Australian citizen, an Australian permanent resident, or an eligible New Zealand citizen who is willing to formally sponsor the application.

Once granted, Subclass 309 holders are generally permitted to work and study in Australia and can travel to and from the country while the visa remains valid, meaning day to day life is not put on hold while the permanent stage is assessed. The strength of the case at this first stage, particularly the relationship evidence and sponsor documentation, has a direct bearing on how smoothly the later transition to Subclass 100 unfolds.