Family Visa

Partners or spouses of an Australian citizen, Australian permanent resident or eligible New Zealand citizen can live in Australia if they decide to obtain a Partner visa (subclass 309 or 100).

Granted first, the temporary Partner (Provisional) visa (subclass 309) lets you stay in Australia while the permanent Partner (Migrant) visa (subclass 100) is being processed.

Eligibility

You are required to be married or in a de facto relationship with:

• An Australian citizen

• An Australian permanent resident

• An eligible New Zealand citizen

Under Australian law, your marriage needs to be valid, meaning that you need to have parental permission if you are 16 or 17 years of age.

You are required to be in a de facto relationship for a minimum of 12 months.

Length of stay

• On the temporary 309 visa, you can stay until a decision is made about your permanent Partner visa (subclass 100)

• On the permanent 100 visa, you can stay permanently

Cost

From AUD 8,085

The process

The permanent Partner (Migrant) visa (subclass 100) requires a two stage process in order to gain acceptance, but will first need to be granted a temporary Partner (Provisional) visa (subclass 309) before lodge your application. Both permanent and temporary visas are to be applied for at the same time and require a single fee payment. If you have been granted the temporary Partner (Provisional) visa (subclass 309), you have the authority to be assessed for the permanent Partner (Migrant) visa (subclass 100) around two years after your application is lodged. Further documents will then need to be provided for this assessment.

The permanent Partner (Migrant) visa (subclass 100) will be granted immediately after the temporary Partner (Provisional) visa (subclass 309) if you have been in a long term relationship before your application is lodged.

Processing time

Long term relationship

If you have been in a long term relationship with your partner at the moment you apply, your permanent Partner visa (subclass 100) will be granted immediately after your temporary Partner visa (subclass 309).

Eligibility

Age

As you are typically meant to be 18 or older to legally marry in Australia, if you are married you must be 18 or older when applying.

You must be 18 or older when you apply, if you are a de facto partner.

Your relationship

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

Additionally, if your relationship breaks down after lodging your application, you may still be eligible.

​Sponsor

You will then require a sponsor set to be your partner, unless your partner is under 18 years of age.

​​Health

You need to meet the health requirement.

​​​Character

You need to meet the character requirement.

​​​Debts to the Australian government

You must have repaid or arranged to repay, any and all outstanding Australian government owing debts.

​​​Eligibility criteria for the permanent Partner visa (subclass 100)

You must have repaid or arranged to repay, any and all outstanding Australian government owing debts.

The visa

​​​What you can do

The temporary Partner visa (subclass 309) allows you to enter Australia to live until your Permanent Partner visa (subclass 100) situation has reached a decision.

​​​​Cost

From AUD 7850

A single fee covering your permanent and temporary visa is to be paid when you lodge your application. In most cases, visa application fees can not be refunded, even if you withdraw your application or your visa is refused.

​​​​Additional family members

There is a fee for any children applying for the visa with you.

​​​​Other costs

Costs like health checks, police certificates and biometrics require payment if you have them.

​​​​​Location

When lodging your application and making a decision on the temporary Partner visa (subclass 309), you must be outside Australia.

When a decision is made on the permanent Partner visa (subclass 100), you can be in or outside Australia.

​​​​​How long the visas lasts

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

The Partner (Migrant) visa (subclass 100) begins on the  date it has been granted, and is a permanent visa.

​​​​​​Family

Your dependent children or stepchildren can be included in your application.

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

​​​​​​Your obligations

You and your children must comply with Australian laws and your visa conditions.

You can find your visa conditions in the Visa Entitlement Verification Online (VEVO) system.

The visa

​​​​​​​Eligibility

Usually, a sponsor is the applicant’s husband, wife or de facto partner.

​​​​​​​Limitations on sponsorship

If you hold or have held certain visas and certain circumstances apply to you, you might not be able to be a sponsor.

​Cost

AUD Nil

​How long the sponsorship lasts

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

Even if the permanent Partner visa (subclass 100) is granted directly following the temporary subclass 309 visa is granted, you are required to abide by these conditions.