Partner Visa(Subclass 309 & 100)
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.
- You must be married or in a de facto relationship with an Australian citizen/PR or an eligible New Zealand citizen.
- Your marriage must be valid under Australian law.
- You must have been in a de facto relationship for at least 12 months.
- 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.
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).