Provisional and Migrant Partner Visa (Subclass 309/100)

You must be in a genuine relationship with your spouse or de facto partner who is either:

1. An Australian citizen
2. An Australian permanent resident
3. Or an eligible New Zealand citizen

This visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 100).

1. ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​It is a temporary visa
2. It leads directly to the permanent Partner visa
3. You must be outside Australia when you apply

Eligibility Criteria

This visa includes the following criteria:

1. Your immigration history is considered, and you may be ineligible if you had a visa cancelled or a previous application refused.
2. You need a sponsor for your application and while on this visa, typically your partner. The sponsor must be approved, and the same person must sponsor you during the initial application and for the following 2 years after receiving the temporary 309 Partner visa. Changing sponsors is not permitted.
3. Married applicants must be 18 or older when applying, in accordance with Australian law. Similarly, applicants in de facto relationships must also be 18 or older at the time of application.
4. In most cases, you must be the spouse or de facto partner of an:
   1. Australian citizen
   2. Australian permanent resident
   3. Or an eligible New Zealand citizen. This applies when you make your application and when your application is being decided. Your relationship can be with someone of the same or different sex.
5. You and family members, or dependent children who apply for the visa with you, must meet the health requirement. Other non-migrating family members may also need to meet this requirement.
6. You and family members, or dependent children who apply for the visa with you, must meet the character requirement. Other non-migrating family members may also need to meet this requirement.
7. You and your family must have paid back any money owed to the Australian Government or have a formal arrangement in place to repay it.
8. The visa will not be granted if it is not in the best interests of an applicant aged under 18.

The visa lets the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, live in Australia permanently. It is usually granted to people who hold a temporary Partner visa (subclass 309).

1. ​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​This is a permanent visa
2. You must hold a temporary Partner visa (subclass 309)

Eligibility Criteria

This visa includes the following criteria:

1. You must hold either a Partner (Provisional) visa (subclass 309) or a Dependent Child (subclass 445) visa. You must have passed a minimum of 2 years since applying for the combined 309 and 100 visa to be assessed for the permanent visa.
2. You must continue as the spouse or de facto partner of the same person who sponsored you for the temporary Partner visa. You must maintain a genuine and continuing relationship, live together, and be mutually committed to a shared life excluding other partners. Special consideration is available for those experiencing domestic and family violence.
3. You and your family must have paid back any money owed to the Australian Government or have a formal arrangement in place to repay it.
4. The visa will not be granted if it is not in the best interests of an applicant aged under 18.

For those considering our services, we provide an initial meeting. In this session, we will simplify the legal aspects of the visa, explain the process ahead, and address any questions you may have.

To set up an initial discussion with us, please reach out to one of our experienced immigration lawyers at (02) 9590 3987.