Visa for partners (offshore SC 309 & 100)
Changes Effective April 17, 2019
On April 17, 2019, updates to the sponsored family visa process and family sponsor approval requirements took effect. These changes do not impact Partner visas, as current arrangements remain in place.
There is no set timeline for extending the new sponsorship framework to other family visas. Therefore, Partner visas will continue to operate as they did before April 17, 2019.
The new rules only apply to the Sponsored Parent (Temporary) Visa (subclass 870).
When changes to Partner visas are introduced, sponsorships will need to be lodged and approved before a Partner visa application can be submitted. It is recommended to schedule an appointment to understand how these changes may affect your case.
Features of Partner Visas (Subclasses 309 and 100)
Partner visas allow the spouse or de facto partner of:
- An Australian citizen
- An Australian permanent resident
- An eligible New Zealand citizen
to live in Australia. - The Temporary Partner Visa (subclass 309) is granted first, allowing you to stay in Australia while your Permanent Partner Visa (subclass 100) is processed.
Eligibility Criteria
To qualify, you must be married to or in a de facto relationship with one of the following:
- An Australian citizen
- An Australian permanent resident
- An eligible New Zealand citizen
- Your marriage must be legally recognized under Australian law. If you are 16 or 17 years old, parental consent is required.
- You must have been in a de facto relationship for at least 12 months.
Duration of Stay
- With a Temporary Partner Visa (subclass 309), you can stay in Australia until a decision is made on your permanent visa.
- A Permanent Partner Visa (subclass 100) allows you to stay indefinitely.
Cost
Application fees start at AUD 7,715.
Application Process
The Partner visa process consists of two stages:
- You first receive the Temporary Partner Visa (subclass 309).
- Approximately two years after lodging your application, you may qualify for the Permanent Partner Visa (subclass 100).
Both visas are included in a single application, and only one fee is required.
If you have been in a long-term relationship at the time of applying, you may receive the permanent visa (subclass 100) immediately after the temporary visa (subclass 309).
During the processing period for the permanent visa, you will need to provide additional documentation.
Processing Time
The duration of the processing period may vary depending on individual circumstances.
| STREAM | 75 PER CENT OF APPLICATIONS PROCESSED | 90 PER CENT OF APPLICATIONS PROCESSED |
|---|---|---|
| 309 – Provisional visa | 12 Months | 17 Months |
| 100 – Permanent visa | 17 Months | 28 Months |
Long-Term Relationship
If you have been in a long-term relationship with your partner at the time of application, you may be granted the Permanent Partner Visa (subclass
100) immediately after the Temporary Partner Visa (subclass 309).
Eligibility Requirements
Age
For married applicants, you must be 18 years or older at the time of application, as marriages are generally recognized under Australian law only at this age.
For de facto partners, you must also be 18 years or older to apply.
Relationship
You must be the spouse (married) or de facto partner of an:
Australian citizen
Australian permanent resident
Eligible New Zealand citizen
If your relationship ends after submitting your application, you may still qualify under specific circumstances.
Sponsor
Your sponsor is typically your partner unless they are under 18 years of age.
Health and Character Requirements
You must meet Australian health and character standards.
Government Debts
Any outstanding debts to the Australian Government must be repaid or arrangements made to settle them.
Permanent Partner Visa (Subclass 100) Criteria
To qualify for the Permanent Partner Visa (subclass 100), you must:
- Hold a Temporary Partner Visa (subclass 309).
- Remain in the relationship unless it ends due to specific circumstances.
- Comply with all Australian laws while on your temporary visa.
Visa Information
What You Can Do
The Temporary Partner Visa (subclass 309) allows you to stay in Australia while your Permanent Partner Visa (subclass 100) is processed.
The Permanent Partner Visa (subclass 100) permits indefinite residency in Australia.
Additional Family Members
Dependent children or stepchildren can be included in your application, though additional fees will apply.
Other Expenses
You may also need to cover costs for health examinations, police clearances, and biometrics.
Location Requirements
You must be outside Australia when applying for the Temporary Partner Visa (subclass 309) and when it is granted.
You can be inside or outside Australia when the Permanent Partner Visa (subclass 100) decision is made.
Duration of Visas
The Temporary Partner Visa (subclass 309) is valid from the date of issue until a decision is made on your Permanent Partner Visa (subclass 100).
The Permanent Partner Visa (subclass 100) provides indefinite residency from the date it is granted.
Family
Any dependent children or stepchildren included in the application will have the same rights and conditions as you.
Responsibilities
You and your dependents must comply with Australian laws and visa conditions, which can be checked via VEVO.
Sponsors
Eligibility
The sponsor is usually the applicant’s spouse or de facto partner.
Sponsorship Restrictions
Certain visas or circumstances may prevent an individual from acting as a sponsor.
Cost
Sponsorship has no application fee.
Duration of Sponsorship
Sponsorship ends two years after your partner arrives in Australia on a Temporary Partner Visa (subclass 309), even if the Permanent Partner Visa (subclass 100) is granted immediately afterward.