Australia

Partner Visas – Subclasses 309 and 100

The Partner Visas (Subclasses 309 and 100) allow the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to live in Australia.

Applicants normally apply for both visas together while outside Australia:

Subclass 309: Temporary Partner Visa
Subclass 100: Permanent Partner Visa

The Subclass 309 visa allows the applicant to live in Australia temporarily while the permanent Subclass 100 stage is being assessed.

01

Basic Eligibility

Applicants generally need to:

Be married to or in a genuine de facto relationship with an Australian citizen, permanent resident, or eligible New Zealand citizen
Have their partner sponsor the application
Be outside Australia when lodging the application
Be at least 18 years old in most circumstances
Show that the relationship is genuine and continuing
Live together or not live permanently apart
Meet health and character requirements
Satisfy relevant immigration-history requirements

De facto partners generally need to show that their relationship existed for at least 12 months before applying, unless an exemption applies.

Applicants are generally eligible for permanent-stage assessment two years after the date they first submitted the combined visa application. Earlier assessment may apply in limited circumstances, including certain long-term relationships.

02

Relationship Evidence

Applicants may need to provide evidence covering:

The history and development of the relationship
Joint finances and financial commitments
Shared household responsibilities
Social recognition of the relationship
Communication and time spent together
Periods spent apart
Mutual commitment and future plans

Marriage alone does not automatically establish eligibility. The relationship must generally remain genuine and continuing.

Can Family Members Be Included?

Eligible family members may be included when the combined application is lodged. A dependent child may also be added before the temporary Subclass 309 application is decided.

A child added later during the permanent stage may need to hold a Dependent Child Visa – Subclass 445 before being included. All included family members must satisfy the applicable health and character requirements.

Where Must the Applicant Be?

The applicant and accompanying family members must generally be outside Australia when the application is submitted.

The applicant may be either inside or outside Australia when the temporary Subclass 309 decision is made.

Australia Partner Visa

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Open Path Immigration can assist with:

Initial relationship and sponsor eligibility review
Relationship-evidence checklist
Subclass 309 and 100 application preparation
Sponsor application guidance
Dependent-child application support
Permanent-stage document review

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Important Notice

Applying for a Partner Visa does not guarantee approval. The applicant and sponsor must continue to meet the relevant relationship, sponsorship, health, character and immigration requirements. Final decisions are made solely by the Australian Department of Home Affairs.

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