Partner (Provisional and Migrant Visa) (Subclass 309/100)
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Partner (Provisional and Migrant Visa)(Subclass 309/100)
The Spousal and De Facto Partner Visa, under subclasses 309 and 100, enables individuals who are the spouses or de facto partners of Australian citizens, permanent residents, or qualified New Zealand citizens to reside in Australia.
The initial phase involves the subclass 309 visa, which is provisional and temporary, permitting the visa holder to live in Australia. Following a two-year period, holders of this provisional visa may then seek the subclass 100 visa, which is the pathway to permanent residency
Qualification Standards for Partner (Provisional) Visa (Subclass 309)
- Applicants must be outside Australia when they submit the visa application and when the visa is granted. The visa is available to the spouse or de facto partner of an Australian citizen, a permanent resident of Australia, or an eligible citizen of New Zealand
- Applicants, along with their spouse or de facto partner, must be at least 18 years of age when applying. In cases where the partner sponsoring the applicant is under 18, a sponsor is required
- This sponsor should be the parent or guardian of the partner and must be an Australian citizen, a permanent resident, or an eligible New Zealand citizen
- It is necessary to meet the standard health and character prerequisites
- Any outstanding debts to the Australian government must be settled prior to the approval of the visa
Qualification Criteria for Partner (Migrant) Visa (Subclass 100)
- Possession of a temporary partner visa (subclass 309) is required
- There must be proof of a continuing marriage or de facto relationship, barring exceptional circumstances.
- All laws in Australia, as well as the conditions of the temporary 309 visa, must have been adhered to
Health and Character Prerequisites
- Every person included in the visa application must:
- Undergo medical examinations within a year prior to applying
- Secure police clearances from every country they've resided in for 12 months or more during the last decade
Expectations from Sponsors
- Sponsors are obligated to provide the following for a duration of two years after the visa holder’s arrival in Australia under the temporary migrant 309 visa
- Adequate living accommodations
- Financial assistance, which includes funds for English language classes if necessary
- Additional support, such as childcare services when required
Including Family Members in the Visa Application
Your dependent children or stepchildren are eligible for inclusion in your visa application
DISCLAIMER: This information is provided for general understanding only and does not constitute legal advice. Always refer to the latest information directly from the Department of Home Affairs at Department of Home Affairs Website
FAQ
If you are applying this visa under the post-study work stream, a skill assessment is not needed.
Only if you are applying under the Graduate stream, you must provide an evidence of having your skills assessed by the relevant authority.
While the checklist varies depending on different cases, some of the common documents required are:
- Current passports or travel documents
- Copy of birth certificate showing parents of both primary applicant and the spouse
- Evidence of name change
- Certified copies of marriage certificates
- If you are in de facto relationship, evidence showing a relationship for at least 12 months is required
- If the spouse is widowed, divorced or separated permanently, a certified copy of death certificate, divorce or separation documents are required.
- Health & Character documents
Visa Subclass
- Partner (Provisional and Migrant Visa) (Subclass 309/100)
- Partner Visa (Subclass 820 and 801)
- Prospective Marriage Visa (Subclass 300)