Partner Visa Subclass 309/100
|Visa Category||Offshore / Temporary – Permanent|
|Visa Subclass||Spouse Visa – Subclass 309 (Temporary) – 100 (Permanent)|
|Visa Type||Partner Visas|
|Duration||2 Years (309) then 5 Years (100)|
|Application Type||Online application|
About this visa
This visa allows you to enter or remain in Australia on the basis of your married or de facto relationship with your partner:
- on a temporary visa (usually for a waiting period of approximately two years from the date you applied for the visa)
- on a permanent visa if, after the waiting period (if applicable), your partner relationship still exists and you are still eligible for this visa.
Your partner must provide sponsorship for you.
Who is this visa for?
This visa is for you if you want to enter Australia on the basis of your relationship with your partner. Your partner must be one of the following:
- An Australian citizen
- An Australian permanent resident
- An eligible New Zealand citizen.
Note: As the partner or fiancé of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, you do not have an automatic right of permanent residence in Australia. If you want to reside permanently in Australia you must first apply for a permanent visa and be assessed against the legal criteria for the grant of that visa.
Minimum eligibility to apply this visa
- You must be married or In De-Facto relationship with your Partner
- Your Partner must be Permanent resident or Citizen of Australia or Eligible New Zealand Citizen
- Your Partner must sponsor you to apply this visa if he is above 18 years of age.
- Character and Health requirement
What does the visa let me do?
The table below gives a summary of what you can do in Australia if you have a temporary or permanent Partner visa.
|Visa type||What you can do in Australia|
|Partner temporary visa (subclass 309)||
|Partner permanent visa (subclass 100)||
Adhere to visa conditions and comply with all Australian laws.
Continue to meet all legal requirements for visa eligibility from the time you are granted a temporary visa until a decision is made on your permanent visa, which is usually two years after you lodge your application.
Immediately notify the office handling your application if:
- you change address
- your circumstances change
- your relationship with your partner ends.
If you want to sponsor your partner’s visa application to migrate to Australia, you must sign a sponsorship undertaking.
If you sign this sponsorship undertaking, the following obligations apply while your partner is in Australia on this visa. You:
- are responsible for all financial obligations to the Australian Government that your partner might incur while they are in Australia
- agree to provide adequate accommodation and financial assistance as required to meet your partner’s reasonable living needs. This assistance would cover their first two years in Australia
- will provide financial and other support, such as childcare, that will enable your partner to attend any English classes they need
- will provide information and advice to help your partner settle in Australia. This information and advice should include telling your partner about employment in Australia
- immediately notify the department if your relationship with your partner breaks down, or if you withdraw your support for your partner before their application is finalised.