Partner visa (subclass 309 & 100)

Features

The Partner visas (subclasses 309 and 100) allow the spouse or partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia.

  • The temporary Partner (Provisional) visa (subclass 309) is granted first, allowing you to stay in Australia while your permanent Partner (Migrant) visa (subclass 100) is processed.

Eligibility

You must be married or in a de facto relationship with:

  • An Australian citizen
  • An Australian permanent resident
  • An eligible New Zealand citizen

For marriages, they must be valid under Australian law, meaning parental consent is required if you’re aged 16 or 17. You must have been in a de facto relationship for at least 12 months.

Length of Stay

  • Temporary 309 visa: You can stay until a decision is made about your permanent Partner visa (subclass 100).
  • Permanent 100 visa: Allows you to stay permanently.

Cost

  • From AUD 9,095

Process

Obtaining the permanent Partner visa (subclass 100) is a two-stage process:

  1. Apply for both the temporary and permanent visas at the same time, paying only one fee.
  2. After receiving the temporary visa (subclass 309), you will be assessed for the permanent visa (subclass 100) approximately two years after lodging your application. Additional documents will be required for this assessment.

If you’ve been in a long-term relationship before applying, the permanent visa (subclass 100) may be granted immediately after the temporary visa (subclass 309).

Processing Time

Stream 25% of applications processed 90% of applications processed
309 – Provisional 6 months 29 months
100 – Permanent 12 months 29 months

Long-Term Relationship

If you are in a long-term relationship when you apply, the permanent visa (subclass 100) will be granted immediately after the temporary visa (subclass 309).

Eligibility Requirements

Age

  • Married: You must usually be 18 or older, as Australian law generally requires this for marriages.
  • De facto partner: You must be 18 or older when you apply.

Relationship

You must be the spouse (married) or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen. Even if your relationship ends after you lodge your application, you may still be eligible.

Sponsor

You must have a sponsor, usually your partner, unless your partner is under 18 years of age.

Health and Character

You must meet the health and character requirements.

Debts to the Australian Government

You must repay, or arrange to repay, any outstanding debts to the Australian government.

Eligibility for Permanent Partner Visa (subclass 100)

You must:

  • Hold a temporary Partner visa (subclass 309)
  • Remain in a spouse or de facto relationship unless special circumstances arise after the relationship ends
  • Comply with Australian laws while holding the temporary visa

What You Can Do

The temporary Partner visa (subclass 309) allows you to live in Australia while awaiting a decision on your permanent Partner visa (subclass 100).

Additional Family Members

A fee is required for any children applying with you. Additional costs may include health checks, police certificates, and biometrics.

Location Requirements

From 25 November 2023, subclass 309, 820, and 801 visas can be granted regardless of the applicant’s location at the time of grant. However:

  • You must be outside Australia when you lodge your application and when a decision is made on the temporary visa (subclass 309).
  • You can be in or outside Australia when a decision is made on the permanent visa (subclass 100).

Visa Duration

  • Temporary visa (subclass 309): Lasts until a decision is made on your permanent visa (subclass 100).
  • Permanent visa (subclass 100): Lasts indefinitely, starting from the date it is granted.

Family

You can include dependent children or stepchildren in your application. If granted, they will have the same rights and visa conditions as you.

Obligations

You and your children must comply with Australian laws and visa conditions, which can be checked through VEVO.

Sponsorship

Eligibility

The sponsor is usually the applicant’s spouse or de facto partner.

Sponsorship Limitations

You may not be eligible to sponsor if you hold or have held certain visas, depending on specific circumstances.

Cost

There is no cost (AUD Nil) for sponsorship.

Sponsorship Duration

Sponsorship ends two years after your partner first enters Australia on a temporary Partner visa (subclass 309), even if the permanent visa is granted immediately after the temporary visa.

Special Circumstances

Death of an Australian Partner

If your partner passes away after you have been granted the temporary visa (subclass 309), your application for the permanent visa can still be approved, provided evidence (e.g., death certificate) is submitted and the relationship was genuine and ongoing at the time of death. You will not need to wait the two-year period for the permanent visa.

Family Violence

If family violence occurs after entering Australia on a 309 visa, your permanent visa application can still be processed. For claims made after 1 July 2011, the violence must have occurred while the relationship was still ongoing. There is no need to prove a direct link between the family violence and the end of the relationship.

Adding Family Members

Family members (other than dependent children) cannot be added after lodging your application. Dependent children can be added until the 309 visa is decided. After that, they would need to apply for a 445 (Dependent Child) visa to be included in the undecided visa 100 application.

Important Updates

The recent changes to Sponsored Family visas have not yet affected Partner visas. However, it’s recommended to consult with an expert for potential future impacts, including English language requirements for the permanent stage of Partner visas.