The Partner visas (subclasses 309 and 100) allow the partner or spouse 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 and lets you stay in Australia while the permanent Partner (Migrant) visa (subclass 100) is processed.
Partner Visa 309 & 100 – Eligibility
To apply, you must be either:
- Married to your partner, or
- In a de facto relationship
And your partner must be one of the following:
- An Australian citizen
- An Australian permanent resident
- An eligible New Zealand citizen
Marriage requirements
Your marriage must be valid under Australian law.
This means you must have parental permission if you are 16 or 17 years old.
De facto relationship requirements
You must have been in a de facto relationship for at least 12 months.
Partner Visa Assessment
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Length of Stay
- On the temporary 309 visa, you can stay until a decision is made about your permanent Partner visa (subclass 100).
- On the permanent 100 visa, you can stay permanently.
Cost
From AUD 9,365
The Process (Two-Stage Application)
Obtaining the permanent Partner (Migrant) visa (subclass 100) is a two-stage process.
To be eligible for the permanent visa, you must first be granted the temporary Partner (Provisional) visa (subclass 309).
Key points about the process
- You apply for both the temporary and permanent visas at the same time
- You pay only one fee
- If you are granted the 309 visa, you are usually assessed for the 100 visa about two years after you lodged your application
- You will need to provide further documents for the permanent stage assessment
Long term relationship (immediate permanent visa)
If you have been in a long term relationship before lodging your application, the permanent subclass 100 may be granted immediately after the temporary subclass 309.
Processing Time
| Stream | 50% of applications processed | 90% of applications processed |
|---|---|---|
| 309 – Provisional visa | 17 months | 25 months |
| 100 – Permanent visa | 10 months | 18 months |
Long Term Relationship (309 to 100 Fast-Track)
If, at the time you apply, you have been in a long term relationship with your partner, your permanent Partner visa (subclass 100) may be granted immediately after the temporary Partner visa (subclass 309).
Detailed Eligibility Requirements
Age
- If you are married, usually you must be 18 or older when you apply
- If you are a de facto partner, you must be 18 or older when you apply
Your relationship
You must be the spouse (married) or de facto partner of:
- An Australian citizen
- An Australian permanent resident
- An eligible New Zealand citizen
You might still be eligible if your relationship breaks down after you lodge your application.
Sponsor
You must have a sponsor, who will be your partner, except if your partner is under 18 years of age.
Health requirement
You must meet the health requirement.
Character requirement
You must meet the character requirement.
Debts to the Australian Government
You must have repaid, or arranged to repay, any outstanding debts to the Australian Government.
Eligibility Criteria for the Permanent Partner Visa (Subclass 100)
To be eligible for the permanent stage, you must:
- Hold a temporary Partner visa (subclass 309)
- Continue to be in the spouse or de facto partner relationship (unless the relationship has ended and there are special circumstances)
- Have complied with all Australian laws while on your temporary visa
What You Can Do on the 309 Visa
The temporary Partner visa (subclass 309) lets you come to Australia to live until a decision is made on your permanent Partner visa (subclass 100).
Additional Family Members
You can include your dependent:
- Children, or
- Stepchildren
There is an additional fee for children applying with you.
Other Costs
You may need to pay extra costs for requirements such as:
- Health checks
- Police certificates
- Biometrics
Location Requirements
From 25 November 2023, subclass 309, 820, and 801 can now be granted no matter the location of the applicant at the time of grant.
When you must be outside Australia
You must be outside Australia when you:
- Lodge your application, and
- Receive a decision on the temporary Partner visa (subclass 309)
Permanent stage location
You can be in or outside Australia when a decision is made on the permanent Partner visa (subclass 100).
How Long the Visas Last
Subclass 309
The Partner (Provisional) visa (subclass 309) is temporary.
It lasts from the date it is granted until a decision is made on your permanent Partner visa (subclass 100).
Subclass 100
The Partner (Migrant) visa (subclass 100) is permanent.
It lasts indefinitely and starts on the date it is granted.
Family
You can include your dependent children or stepchildren in your application.
If you are granted the visa, your children will have the same rights and visa conditions as you.
Your Obligations
You and your children must comply with:
- Australian laws, and
- Your visa conditions
You can find your visa conditions in VEVO.
Sponsorship (Subclass 309 & 100)
Sponsor eligibility
Usually, the sponsor is the husband, wife, or de facto partner of the applicant.
Limitations on sponsorship
You might not be able to sponsor if:
- You hold or have held certain visas, and
- Certain circumstances apply
Sponsorship cost
AUD Nil
How long the sponsorship lasts
Your sponsorship ends two years after your partner first enters Australia on their temporary Partner visa (subclass 309).
This is the case even if the permanent Partner visa (subclass 100) is granted immediately after the temporary 309 visa.
Special Circumstances
If the Australian partner has died since the 309 grant
Your partner application may still be approved if the Australian partner has died since the applicant first entered Australia holding a 309 visa.
Evidence required:
- The original or certified true copy of the death certificate
If all criteria are satisfied, these applicants are not required to wait two years before being granted their visa.
However, officers must be satisfied the applicant was in a genuine and continuing relationship with the Australian partner at the time of death.
If family violence has occurred
For applications made on or after 1 July 2011, the family violence must have occurred while the relationship was in existence and after the applicant entered Australia as a 309 visa holder.
For claims made prior to 1 July 2011, whether the family violence must have occurred while the relationship was in existence depends on:
- When the claim was made, and
- Whether it was made to the Department or the AAT
There is no requirement to prove a cause-and-effect link between family violence and the relationship ending.
If the subclass 100 applicant is successful in their family violence claims and all other criteria are met, they are not required to wait two years before being granted their visa.
Adding Members of the Family Unit After Lodgement
Members of the family unit other than dependent children cannot be added after application lodgement.
Because subclass 309 requires family members to make a combined application with the main applicant:
- After the 309/100 application is made, only dependent children can be added later (up until the 309 decision), at the main applicant’s written request
Once a 309 has been granted, dependent children who were not included will need to apply for a:
- Subclass 445 (Dependent Child) visa
The subclass 445 visa allows them to remain in, or travel to, Australia and later be included in the parent’s undecided subclass 100 application.
Related: Family Violence and Partner Visas
The new changes to Sponsored family visas have not been implemented for Partner visas.
These changes would have required sponsorships to be lodged first and approved before Partner visas could be lodged.
This would have negatively impacted onshore Partner visa applicants wanting to lodge a visa application prior to their substantive visa expiring.
If you are planning to apply for a Partner visa, we recommend booking an appointment to discuss how these changes may impact you.
