10 Mar 2016

Permanent Partner Visa Subclass 309 And Subclass 100


The Partner (Provisional) visa (subclass 309) is a temporary visa for anyone who is either a spouse or de facto partner of an Australian citizen, permanent resident, or an eligible New Zealand citizen. It is the first step towards obtaining a permanent Partner (Migrant) visa (subclass 100). An applicant must be outside Australia to submit this visa application. If you are inside Australia, a similar Partner visa option is available – a Partner (Temporary) visa (subclass 820) and Partner (Residence) visa (subclass 801).

Whether you are submitting an application inside or outside of Australia, only one application fee is required and both temporary and permanent visa applications are made at the same time,

The application process is divided into two stages that are set approximately two years apart. This means that, in most cases, successful applicants are granted a provisional or temporary visa in the first instance, with the permanent visa being granted approximately 2 years later if the relationship is continuing.


Partner (Provisional) visa (subclass 309) is for a spouse or de facto partner of an Australian citizen, eligible New Zealand citizen or Australian permanent resident.

Both parties must have a genuine, ongoing relationship, with any form of separation as only temporary.

Married visa applicants must have a valid marriage under Australian law.

De facto applicants must be in a genuine ‘de facto’ relationship for at least 12 months, before applying for a visa unless the couple can demonstrate

That there are compassionate and compelling circumstances, such as having a dependent child from the relationship or
That their relationship has been registered under a prescribed law of State or Territory in Australia.


In addition to the eligibility requirements for the relationship, applicants must also meet the following:

Health test by undertaking health examinations
Character requirements by providing
Police certificates from every country you have been in for 12 months or more, during the past 10 years (starting from after you turned 16 years old).
No debts to the Australian Government – You must have no outstanding debts to the Australian government, or has made arrangements to pay any and all existing debts.
Biometrics testing may be required.


When granted the Partner (Provisional) visa (subclass 309) or the Partner (Temporary) visa (subclass 820) an applicant can:

Enter and stay in Australia until a decision is made about the permanent partner visa
Work and study in Australia, but without access to funding from the government
Enrol in Australia’s health-related care expenses scheme or Medicare

When granted with the Partner (Migrant) visa (subclass 100) or the Partner (Residence) visa (subclass 820) an applicant can enjoy:

Indefinite stay in Australia
Work and study in Australia, with access to government funding
Application for Australian citizenship if eligible
Receive Social Security payments
Travel to and from Australia within five years, starting from the day a visa is granted
Sponsor relatives for permanent residence, if eligible


Fees and charges for the visa depends on the current price on the date an application is lodged. Refer to current Australian visa pricing table for reference.

Surcharges apply when using debit cards or credit cards to pay for a visa application.
Other costs may apply when police certificate, health assessments and other tests are required

Sheila Woods

Posted by: Sheila Woods

A very experienced migration agent, Sheila has always been fascinated by this field. Her university degree thesis was on Australia’s post-war immigration history (and it earned her first-class honours).

Filed in: Visas


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