Partner visa (subclass 309 & 100)
The Partner visa program (subclasses 309 and 100) enables partners or spouses of Australian citizens, permanent residents, or eligible New Zealand citizens to establish residence in Australia.
You’ll first receive the temporary Partner (Provisional) visa (subclass 309), allowing you to stay in Australia while your permanent Partner (Migrant) visa (subclass 100) application is processed.
Eligibility
Your relationship must be with:
- An Australian citizen
- An Australian permanent resident
- An eligible New Zealand citizen
Your marriage must be legally recognized under Australian law, including parental consent requirements for those aged 16 or 17.
De facto relationships must have existed for at least 12 months prior to application.
Length of stay
- Temporary 309 visa: Valid until permanent Partner visa (subclass 100) decision
- Permanent 100 visa: Indefinite stay
Cost
From AUD 9,095
The process
Obtaining permanent residency through the Partner (Migrant) visa (subclass 100) involves two stages. First, you must receive the temporary Partner (Provisional) visa (subclass 309). Both visas are applied for simultaneously with a single fee. After holding the temporary visa, you become eligible for permanent residency assessment approximately two years after your initial application. Additional documentation will be required for this stage.
For long-term relationships, the permanent visa may be granted immediately after the temporary visa.
Processing time
| Stream | 25% of applications processed | 90% of applications processed |
|---|---|---|
| 309 — Provisional visa | 6 Months | 29 Months |
| 100 — Permanent visa | 12 Months | 29 Months |
Long term relationship
Applicants in established long-term relationships may receive their permanent Partner visa (subclass 100) immediately following the temporary Partner visa (subclass 309) grant.
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Eligibility criteria for the permanent Partner visa (subclass 100)
Requirements include:
- Holding a temporary Partner visa (subclass 309)
- Maintaining the spouse or de facto partnership, unless special circumstances apply to relationship breakdown
- Compliance with Australian laws during temporary visa period
Additional family members
Fees apply for including children in your application.
Other costs
Additional expenses may include health assessments, police clearances, and biometrics.
Location
As of November 25, 2023, subclass 309, 820, and 801 visas can be granted regardless of the applicant’s location at the time of grant.
Initial application and temporary Partner visa (subclass 309) decisions require the applicant to be outside Australia.
Permanent Partner visa (subclass 100) decisions can be made whether you’re in or outside Australia.
If family violence has occurred
For applications submitted from July 1, 2011, family violence incidents must have occurred during the relationship and after entering Australia on a 309 visa. Earlier applications have different requirements depending on when and where the claim was made.
No direct causation between family violence and relationship breakdown needs to be established.
Successful family violence claims may result in immediate permanent visa consideration, waiving the two-year waiting period.
Adding members of the family unit to the application
Only dependent children can be added after initial application submission. Other family members cannot be added post-lodgment.
Combined applications are required for family members with the main applicant. After the initial application, only dependent children can be added before the 309 visa decision.
After 309 visa grant, dependent children not initially included must apply for a Dependent Child visa (subclass 445). This allows them to stay in or travel to Australia and potentially join their parent’s pending 100 visa application.
Recent updates regarding Sponsored family visa changes haven’t affected Partner visas. Previous proposals requiring pre-approved sponsorship before Partner visa application have not been implemented. This helps onshore applicants who need to submit applications before their current visa expires.
Contact Edvise Hub today to discuss how these changes might affect your situation.
