Partner Visa (Subclass 309+100)

This Partner visa (subclass 309 100) allows the Offshore de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.

Partner visa is a two-stage process. The first applicant needs to be granted the temporary partner visa (Subclass 309).

Applicant must apply for both Temporary (Subclass 309) and Permanent (Subclass 100) visa at the same time and pay the visa application fees.

Partner provisional visa (subclass 309) holders will be eligible for the permanent partner visa (Subclass 100) after 2 years since the provisional visa (subclass 309) application have been lodged.

Applicants do not need to pay any visa application fees for a permanent partner visa (Subclass 100) but should lodge a permanent visa application and provide further documents to be assessed.

Eligibility (subclass 309):

To be eligible for this visa, the applicant must satisfy the followings

  • Must be outside Australia
  • In most cases applicants must be the spouse or de facto partner of an:
  • ~~ Australian citizen
  • ~~ Australian permanent resident or
  • ~~ Eligible New Zealand citizen
  • Your relationship must be genuine and continuing
  • If in a de facto relationship, the relationship must have existed for at least 12 months (unless compelling and compassionate circumstances exist)
  • If married, you must be legally married and accepted under Australian law
  • Satisfy the legal age limit
  • Must have a sponsor when you lodge your application
  • Meet the Health and Character requirements of the Australian Government.

Include family:

You can include those members of the family unit with your visa application who did you added on your provisional visa application. If you have a dependent child who does not hold a subclass 309 visa, you can add them to your application. The child must hold a Dependent Child visa (subclass 445). Members of the family unit must meet the Health and Character requirements of the Australian Government.

Eligibility (subclass 100):

The applicant usually must satisfy the followings:

  • Holder of a Partner (Provisional) visa (subclass 309)
  • 2 years must have passed since applied for the provisional visa (exceptions apply)
  • The relationship must be genuine and continuing
  • Must have the same sponsor who sponsors for the temporary visa (exceptions apply)
  • ~ Exceptions:
  • ~~ Sponsor has passed away and it can be proved that the relationship would have continued if the sponsor is still alive.
  • ~~ Relationship discontinued due to domestic violence
  • ~~ The relationship has broken down, but it is the best interest for the child of that relationship.

Include family:

You can include those members of the family unit with your visa application who did you added on your provisional visa application. If you have a dependent child who does not hold a subclass 309 visa, you can add them to your application. The child must hold a Dependent Child visa (subclass 445). Members of the family unit must meet the Health and Character requirements of the Australian Government.

Blog posts

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