Partner Visa (Provisional & Permanent) (Subclass 309/100)

How the 309 / 100 Partner Visa Works

• Subclass 309 is a temporary (provisional) visa
• Subclass 100 is the permanent partner visa
• In most cases, both visas are applied for together in a single application
• The Department of Home Affairs first assesses eligibility for the 309 visa
• The 100 visa is usually assessed around two years after the original application date, unless the applicant qualifies for direct permanent residence

Important: 

Some applicants may be granted the permanent Subclass 100 visa directly, without waiting two years, depending on the length and strength of the relationship.

Who Can Apply for the Partner Visa (Subclass 309)

To be eligible, the applicant must:

• Be outside Australia at the time of application and at the time the 309 visa is decided
• Be the spouse or de facto partner of:
  • An Australian citizen
  • An Australian permanent resident
  • An eligible New Zealand citizen
• Be at least 18 years of age at the time of application
• Be in a genuine and continuing relationship
• Meet health and character requirements
• Have no outstanding debts to the Australian Government (or have arrangements in place)

Eligibility for the Permanent Partner Visa (Subclass 100)

To be granted the permanent visa, the applicant must:

• Hold or have held a Subclass 309 visa
• Continue to be in a genuine and ongoing relationship with the sponsor
• Comply with Australian laws and visa conditions

In certain circumstances (such as long-term relationships), the Department may grant the Subclass 100 visa without delay.

Relationship Evidence Requirements

Applicants must demonstrate a genuine relationship through evidence covering four key areas:

1. Financial aspects of the relationship
2. Nature of the household
3. Social aspects of the relationship
4. Mutual commitment to a shared life

Strong, well-organised evidence is critical to avoid delays or refusal.

Health & Character Requirements

Both the applicant and sponsor may be required to:

• Complete health examinations when requested
• Provide police clearance certificates from countries lived in for 12 months or more over the relevant assessment period

Additional checks may be requested due to long processing times.

Sponsor Requirements & Limitations

The sponsor must:

• Be an Australian citizen, permanent resident, or eligible New Zealand citizen
• Be at least 18 years old
• Meet character requirements
• Agree to sponsor the applicant and support their settlement

Important sponsor limitations: 

• A person can usually sponsor only one partner every five years
• A person can sponsor no more than two partners in their lifetime, unless compelling circumstances apply

There is no legal requirement for the sponsor to:

• Provide accommodation
• Pay living expenses
• Fund English courses or childcare

Family Members Included in the Application

You may include:

• Dependent children or step-children who meet dependency criteria

All included family members must meet health and character requirements.