Partner (Provisional and Migrant Visa) (Subclass 309/100)
The Partner (Provisional and Migrant) visa (subclass 309 and 100) enables individuals to live in Australia as the spouse or de facto partner of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen.
The Subclass 309 visa is a temporary visa, while the Subclass 100 visa is permanent. Applicants are first granted the provisional 309 visa, which allows them to reside in Australia for up to two years, during which they can apply for the permanent 100 visa.
Eligibility Criteria
For Partner (Provisional) (Subclass 309):
- Must be outside Australia when applying and when the visa decision is made
- Must be the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen
- Must be at least 18 years of age at the time of application (applies to both spouse and de facto partner)
- If the sponsor partner is under 18, a parent or guardian who is an Australian citizen, permanent resident, or eligible New Zealand citizen must act as sponsor
- Must meet health and character requirements
- Must have cleared any outstanding debts to the Australian Government before visa grant
For Partner (Migrant) (Subclass 100):
- Must hold a temporary partner visa (subclass 309)
- Must remain in a genuine marital or de facto relationship unless special circumstances exist
- Must comply with all Australian laws and the conditions of the temporary 309 visa
Health and Character Requirements
- Applicants and any family members included in the visa application must complete health examinations within 12 months of applying
- Provide police certificates from every country lived in for 12 months or more over the past ten years
Sponsor Obligations
Sponsors are required to provide the following for the first two years after the applicant enters Australia on the temporary 309 visa:
- Accommodation
- Financial support, including assistance for English language courses if required
- Additional support such as childcare if needed
Application Process – Subclass 309/100 Visa
1. Determine Eligibility
- Confirm that you meet all requirements for the temporary 309 visa, including age, relationship status, health, character, and sponsorship criteria.
- Ensure the sponsor is eligible (Australian citizen, permanent resident, or eligible New Zealand citizen).
2. Prepare Required Documents
- Evidence of genuine relationship (marriage certificate, joint financial statements, photos together, communication records, etc.)
- Identity documents (passport, birth certificate)
- Health and character documents (medical exams, police certificates)
- Sponsor documents (proof of citizenship or permanent residency, financial and accommodation details)
3. Lodge Temporary Partner Visa (Subclass 309) Application
- Apply online through the Department of Home Affairs portal.
- Pay the required visa application fee.
- Submit all supporting documents with the application.
4. Visa Assessment
- The Department reviews your application for eligibility, relationship genuineness, health, and character.
- Additional documents or interviews may be requested.
5. Temporary Visa Grant (Subclass 309)
- If approved, the 309 visa allows you to live in Australia temporarily for two years.
- You may work, study, and travel in and out of Australia during this period.
6. Apply for Permanent Partner Visa (Subclass 100)
- After meeting requirements and maintaining a genuine relationship for two years, you can apply for the permanent 100 visa.
- The Department assesses continued relationship, adherence to laws, and character/health criteria.
7. Permanent Visa Grant (Subclass 100)
- Once approved, you can live, work, and study in Australia indefinitely.
- You may sponsor eligible family members and eventually apply for Australian citizenship if eligible.
Why Apical Immigration Experts?
Apical Immigration Experts provide complete support for the Subclass 309/100 Partner Visa, ensuring smooth documentation, accurate eligibility checks, and professional guidance at every step. With our expertise, your pathway to joining your partner in Australia becomes efficient, reliable, and stress-free.
- Specialized Visa Knowledge – Our team has deep experience handling Partner visa applications, ensuring your relationship evidence and sponsorship details are presented clearly and strongly.
- Personalized Guidance – We create tailored strategies to highlight your genuine relationship and eligibility in the most effective way.
- Strong Documentation Support – From sponsor documents to health and character certificates, we assist in compiling a complete and compelling application.
- Updated with Policy Changes – We stay up to date with all Department of Home Affairs rules, sponsorship obligations, and visa conditions.
- End-to-End Assistance – From eligibility assessment to final submission, we ensure a seamless and stress-free process for you and your partner.
FAQs – Partner Visa (Subclass 309/100)
The Subclass 309 is a temporary Partner visa that allows you to live in Australia while your permanent visa is processed. The Subclass 100 is the permanent Partner visa granted after you meet all eligibility criteria and maintain your relationship.
No, the Subclass 309 visa is specifically for applicants applying from outside Australia. If you are inside Australia, you may be eligible for the Subclass 820 visa instead.
Processing times vary depending on the complexity of the application, documentation provided, and Department of Home Affairs workload. Generally, the Subclass 309 visa takes several months, and the Subclass 100 visa is granted about two years after the temporary visa if all requirements are met.
Yes, dependent children or stepchildren can be included in the visa application. They will receive the same rights and visa conditions as the primary applicant.
• All applicants and included family members must complete medical examinations within 12 months of application and provide police certificates for countries they have lived in for 12 months or more over the past ten years.
Sumit Katyal
