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 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.
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 8,850
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 | 25 per cent of applications processed | 90 per cent of applications processed |
|---|---|---|
| 309 – Provisional visa | 6 Months | 29 Months |
| 100 – Permanent visa | 12 Months | 29 Months |
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.
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).
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
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.
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.
If the Australian partner has died since visa 309 grant
Your partner application would still be approved if the Australian partner has died since the applicant first entered Australia holding a visa 309. As evidence, the original or certified true copy of the death certificate should be provided.
If all criteria are satisfied, these applicants are not required to wait out two years before being granted their visa. However, officers will be satisfied the applicant was in a genuine and continuing relationship with the Australian partner at the time of the Australian partner’s 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 of family violence made prior to 1 July 2011, whether or not the family violence had to have occurred when the relationship was in existence depends on when the family violence claim was made and whether it was made to the Department or the AAT.
There is no requirement that there be a cause-and-effect link between the family violence and the cessation of the relationship.
If the visa 100 applicant is successful in their claims of family violence and if all other criteria for the grant of a visa 100 are satisfied, they are not required to wait out two years before being granted their visa.
Adding members of the family unit to the application
Members of the family unit other than dependent children are unable to be added after application lodgement.
Because SC 309 requires family members to make a combined application with the main applicant, after the visa 309/100 application is made, only dependent children can be added later (up until the visa 309 decision) at the main applicant’s written request.
Once a visa 309 has been granted to the main applicant, dependent children who were not included in the visa 309 application will need to apply for a visa 445 (Dependent Child) visa. The grant of the visa 445 will enable them to remain in, or travel to, Australia and apply on a separate form to be included in their visa 309 holder parent’s undecided visa 100 application. (Note that the visa 445 visa holder does not necessarily have to be in Australia.)
Related: Family Violence and Partner Visas
The new changes to Sponsored family visa’s, have not been implemented for Partner visas. The changes meant that Sponsorships must be lodged first and approved before Partner visas can be lodged. This change would have adversely impacted onshore Partner visa applicants wanting to lodge a visa application prior to their substantive visa expiring. The sponsorship application would have been assessed separately and would had to be approved before a valid Partner visa application could be lodged.
If you are planning to apply for a Partner visa we recommend booking an appointment to discuss and understand how these changes may impact you.
Important update: English Test for Permanent Stage of Partner Visas & Partner visa changes ahead
Book a consultation today for a briefing with our Registered Migration Agents in Melbourne to find more about your visa options.
