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Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)

About this Visa

The Partner visas (subclasses 309 and 100) allow the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia.

The temporary Partner (Provisional) visa (subclass 309) is granted first and lets you stay in Australia while the permanent Partner (Migrant) visa (subclass 100) is processed.

What you can do

The temporary Partner visa (subclass 309) lets you come to Australia to live until a decision is made on your permanent Partner visa (subclass 100).

Eligibility​

Age

If you are married, usually you must be 18 or older when you apply. This is because usually, you must be 18 or older for your marriage to be valid under Australian law.

If you are a de facto partner, you must be 18 or older when you apply.​

Your relationship

You must be the spouse (married), or a de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.

You might still be eligible if your relationship breaks down after you lodge your application.​

Sponsor

You must have a sponsor, who will be your partner, except if your partner is under 18 years of age.

How long the visas lasts

The Partner (Provisional) visa (subclass 309) is a temporary visa. It lasts from the date it is granted until a decision is made on your permanent Partner visa (subclass 100).

The Partner (Migrant) visa (subclass 100) is a permanent visa – it lasts indefinitely. It starts on the date it is granted.​

Family

You can include your dependent children or stepchildren in your application.

If you are granted the visa, your children will have the same rights and visa conditions as you.

Sponsors​

Eligibility

Usually, a sponsor is the husband, wife or de facto partner of the applicant.​

Limitations on sponsorship

You might not be able to be a sponsor if you hold or have held certain visas and certain circumstances apply to you.​

How long the sponsorship lasts

Your sponsorship ends two years after your partner first enters Australia on their temporary Partner visa (subclass 309).

This is the case even if the permanent Partner visa (subclass 100) is granted immediately after the temporary subclass 309 visa is granted.​

Sponsor obligations

Sponsors have certain obligations

Applicants may also needed to meet below requirements

Character requirements, Health requirements, Health insurance requirements, Must not have Debts to the Australian Government, biometric and other requirements if needed.

Your obligations

You and your family must comply with all visa conditions and Australian laws.

Source – Australian Immigration Website.

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