VISA 309/100 (APPLY OVERSEAS)

VISA 309 - PARTNER VISA (PROVISIONAL)

BENEFITS

Live, work and study in Australia while we process your permanent Partner visa.

Travel to and from Australia as many times as you want.

Attend free English language classes provided by the Adult Migrant English Program if you are eligible.

Apply for access to Australia's public health care scheme, Medicare.

ELIGIBILITY

Not had a visa cancelled or an application refused.

Be outside Australia when you apply: You must be outside Australia when you apply for this visa. Family who apply with you must also be outside Australia.
Have a sponsor:

+ You and anyone who applies for the visa with you must have a sponsor when you lodge your application and when you are on this visa.

+ Your sponsor is usually your partner.

+ We must approve your sponsor.

+ You cannot change your sponsor. The person who sponsors you when you apply for the visa must be same person who sponsors you for 2 years after we grant your temporary partner visa (subclass 309).

Be the right age: Usually, you must be 18 years old or older at the time we decide your visa application.

Meet relationship requirements:
In most cases, you must be the spouse or de facto partner of an:

+ Australian citizen

+ Australian permanent resident or 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.

If you are experiencing domestic and family violence, we can help you. You can apply for consideration to be granted your temporary and permanent visa. For more information, see Domestic and family violence and your visa.

For more information see Changes in your situation.

Married applicants.

You are a married applicant if your marriage is valid under Australian law and:

+ you have a mutual commitment with your spouse to the exclusion of all others.

+ your relationship is genuine and continuing.

+ you either live together or don't live permanently apart.

+ you are not related by family.

To find out if your marriage is valid under Australian law, contact the relevant state or territory agency for births, deaths and marriages.

De facto partners.

To be a de facto partner, you must be in a de facto relationship.

You and your partner are in a de facto relationship if:

+ you are not married to each other.

+ you have a mutual commitment with your de facto partner to the exclusion of all others.

+ your relationship is genuine and continuing.

+ you either live together or don't live permanently apart.

+ you are not related by family.

Usually you must be in your de facto relationship for at least 12 months immediately before you apply for this visa. Time spent dating or in an online relationship might not count as being in a de facto relationship.

The 12-month requirement will not apply if you can show us compelling and compassionate circumstances exist for you to be granted the provisional Partner visa (subclass 309).

The 12-month requirement also will not apply if:

+ your de facto partner holds or held a permanent humanitarian visa and

+ your de facto relationship existed before we granted their visa and

+ your de facto partner told us about the relationship before we granted their visa.

It also will not apply if:

+ you are in a de facto relationship with a partner who is an applicant for a permanent humanitarian visa, or

+ you have registered your relationship with an Australian State/Territory authority such as a registry of births, deaths and marriages.

Meet our health requirement: You and any family members who apply for the visa with you must meet our health requirement. We might ask for health information about family not coming to Australia with you.

Meet our character requirement: You and family members aged 16 years and over who apply for the visa with you must meet our character requirement. We might ask for character information about family not coming to Australia with you.

Have no debt to the Australian Government:
If you or any family members owe the Australian Government money, you or they must pay it back or arrange to pay it back.
This may include family members who do not accompany you to Australia.

Sign the Australian values statement:
You and any family members who apply with you who are 18 years of age or older, must:

+ have read, or had explained to you, the Life in Australia booklet and

+ sign an Australian Values Statement that confirms you will respect the Australian way of life and obey Australian laws.

Best interests of the child: We might not grant this visa if it is not in the best interests of an applicant under 18.

VISA 100 - PARTNER VISA (MIGRANT) 

BENEFITS

Live, work and study in Australia while we process your permanent Partner visa.

Travel to and from Australia as many times as you want.

Attend free English language classes provided by the Adult Migrant English Program if you are eligible.

Apply for access to Australia’s public health care scheme, Medicare.

ELIGIBILITY

Hold a temporary Partner (Provisional) visa (subclass 309) or Dependent Child visa (subclass 445).

In most cases, continue to be in a genuine and ongoing relationship with your sponsor.