Spouse

Partner visa (apply overseas) (subclass 309 and 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.

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.

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

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 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.

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).

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.

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