Partner visa (subclass 309 & 100)

Features

The subclass 309 and 100 Partner visas give an individual the ability to reside in Australia if they are the spouse or partner of a citizen of Australia, a permanent resident of Australia or an eligible citizen of New Zealand.

Applicants will be granted the temporary subclass 309 visa first while their application for the permanent subclass 100 visa is considered.

Eligibility

Applicants need to be either married or in a de facto relationship with a partner who is one of the following types of legal resident of Australia:

  • a citizen of Australia
  • a permanent resident of Australia
  • an eligible citizen of New Zealand

Any marriage must be recognised as valid under Australian law. If you were 16 or 17 when you were married, you must have got permission to do so from your parents even if this was not required in the jurisdiction in which you got married.

Your relationship must have been ongoing for a minimum of 12 months.

Partner Visa Assessment

Duration of visa

  • The temporary subclass 309 visa permits the applicant to remain in Australia until they have received a decision on whether to grant a permanent subclass 100 Partner visa.
  • The permanent Partner visa (subclass 100) permits the holder to reside in Australia permanently.

Cost

Starting from AUD 8,850

Process

The road to a permanent Partner (Migrant) visa (subclass 100) comprises two main stages.
First, the applicant must be granted a temporary Partner (Provisional) visa (subclass 309). This takes place after submission of the visa application, which is for both the temporary and permanent Partner visas concurrently. While two visas are covered by the application, there is only one fee.

If the applicant is granted the temporary visa, they will then go into a queue to be assessed for the permanent Partner visa. This assessment usually begins around two years after submission of the initial application.

Processing times

Stream 25% of applications processed within 90% of applications processed within
​309 – Provisional visa ​6 Months 29 Months
​​100 – Permanent visa 12 Months 29 Months

Long term relationship

If the applicant has already been in a long-term marriage or de facto relationship before the point at which they submit their application, the permanent visa will usually be granted immediately after receiving the initial positive decision on the temporary visa.​

Eligibility

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Age limits

Married individuals must in most circumstances be aged at least 18 when they apply for a Partner visa.​

De facto partners must be aged 18 or over at the time of their application.

​Relationship Status

When applying, you must be in a legal or de facto relationship with either a citizen or permanent resident of Australia, or an eligible citizen of New Zealand.

If your relationship breaks down after the point at which you submit your application, you may still be eligible for a Partner visa nonetheless.

​Sponsor

Applications for this visa require a sponsor. In this case, your partner will act as your sponsor providing that they are at least 18 years old.​

Good Health and Character

Applicants must meet the standard good health and character requirements for Australian visa applications.​

Outstanding debts to Australia

Any outstanding debts to the Australian government must have been repaid or be covered by a formally-agreed repayment plan.​

Permanent Partner visa (subclass 100) – Eligibility Criteria

  • you must already have been granted a temporary Partner visa (subclass 309)
  • you must still be the spouse or de facto partner of your original sponsor, unless there are special circumstances
  • you must not have broken any laws in Australia while resident there on your subclass 820 visa

Family members

If you wish to add any children or step-children to your application, you must pay an additional fee when applying.

Supplementary costs

Any required health checks, biometrics, criminal records checks or similar prerequisites for submitting the application must be paid for by the applicant.​

Location when applying

Applicants for this Partner visa must be physically located outside of Australia when their application is submitted, as well as when they receive the decision on the outcome of their application.

Applicants are allowed to be either inside or outside of Australia when they receive the decision on whether to grant their permanent Partner visa.​

How long does this visa last?

The initial temporary Partner (Provisional) visa (subclass 309) lasts until you receive a decision on whether to grant a permanent Partner (subclass 100) visa.

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

Family members

It is permitted to add dependent children (or stepchildren) to your Partner visa application.

If granted, the visa will confer the same rights and conditions upon these children as will apply to you.

Conditions and obligations

Individuals granted this visa will have to abide by the visa conditions specified in VEVO, as well as federal, state and local laws in Australia.​

Sponsors

​Eligibility

For a Partner visa, it is usually the spouse or de facto partner of the applicant who acts as sponsor.​

Sponsor limitations

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

​Cost

Sponsors for partner visas are not required to pay a fee or make any kind of financial contribution or commitment.​

Length of sponsorship

Sponsorship for a Partner visa is required only up to two years after the sponsored partner receives their temporary Partner visa (subclass 309).

If the applicant’s partner has died since the grant of a temporary Partner visa

In the sad event that the applicant’s partner dies between them being granted a temporary Partner visa and receiving a decision on their permanent Partner visa, they will normally be granted a permanent Partner visa providing they provide the Department of Home Affairs with a death certificate. Immigration caseworkers may however require some additional evidence that the applicant was still in a relationship with their partner at the time of their death.

If there has been family violence

For any application made after 1 July 2011, an incident of family violence may be grounds for the applicant to receive a permanent visa without having to wait for two years. The applicant does not have to prove that family violence directly led to any breakdown of the relationship with their sponsor.

Partner Visa Assessment

Book your no-obligation consultation today with our Registered Migration Agents in Melbourne, and find out the right visa options for your unique circumstances.