Partner visa (subclass 309 & 100)

Features

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

Eligibility

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

  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen.

Your marriage must be valid under Australian law. This means you must have parental permission if you are 16 or 17 years of age.

You must have been in a de facto relationship for at least 12 months.

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 7,000

The process


Obtaining the permanent Partner (Migrant) visa (subclass 100) is a two stage process. To be eligible for a permanent partner visa you first need to be granted a temporary Partner (Provisional) visa (subclass 309). You apply for both the permanent and temporary visas at the same time and pay only one fee. If you are granted the temporary Partner (Provisional) visa (subclass 309), you are eligible to be assessed for the permanent Partner (Migrant) visa (subclass 100) about two years after you lodged your application. You will need to provide further documents for this assessment.

If you have been in a long term relationship before you lodge your application, the permanent Partner (Migrant) visa (subclass 100) will be granted immediately after the temporary Partner (Provisional) visa (subclass 309).

Processing time

Stream 75 per cent of applications processed 90 per cent of applications processed
​309 – Provisional visa 12 Months 17 Months
​​100 – Permanent visa 17 Months 28 Months

Last updated 16 October 2017  (for month ending 30 September 2017)

Long term relationship

If, at the time you apply, you have been in a long term relationship with your partner, your permanent Partner visa (subclass 100) will be granted immediately after the temporary Partner visa (subclass 309).

Eligibility

Age

If you are married, usually you must be 18 or older when you apply. This is because usually, you must be 18 or older for your marriage to be valid under Australian law.

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 a de facto partner of an Australian citizen, Australian permanent resident or 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

You must meet the health requirement.

Character

You must meet the character requirement.

Debts to the Australian government

You must have repaid, or have arranged to repay, any outstanding debts to the Australian government.

Eligibility criteria for the permanent Partner visa (subclass 100)

    You must:

  • hold a temporary Partner visa (subclass 309)
  • continue to be the spouse or de facto partner relationship unless your relationship has ended and there are special circumstances
  • have complied with all Australian laws whilst on your temporary visa.

The visa

What you can do

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).

Cost

From AUD 7000.

You pay only one fee, which covers the permanent and the temporary visa, and you pay this when you lodge your application. In most cases, visa application fees can not be refunded, even if you withdraw your application, or your visa is refused.

Additional family members

There is a fee for any children applying for the visa with you.

Other costs

If you need to have them, you will have to pay other costs such as those for health checks, police certificates and biometrics.

Location

You must be outside Australia when you lodge your application and when a decision is made on the temporary Partner visa (subclass 309).

You can be in or outside Australia when a decision is made on the permanent Partner visa (subclass 100).

How long the visas lasts

The Partner (Provisional) visa (subclass 309) is a temporary visa. It lasts from the date it is granted until a decision is made on your permanent Partner visa (subclass 100).

The Partner (Migrant) visa (subclass 100) is a permanent visa – it lasts indefinitely. It 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.

Sponsors

Eligibility

Usually, a sponsor is the husband, wife or de facto partner of the applicant.

Limitations on sponsorship

You might not be able to be a sponsor if you hold or have held certain visas and certain circumstances apply to you.

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 subclass 309 visa is granted.

Contact us today for a commitment free briefing with our Registered Migration Agents in Melbourne to find more about your visa options.