Partner Visa – Subclass 309 / 100
Overview
The Partner Visa (Subclass 309/100) is one of Australia’s key pathways for international couples who wish to reunite and establish their lives together in the country. This visa is designed for the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen, enabling them to live in Australia permanently.
The visa operates through a two-stage process. The first stage, the Subclass 309 visa, is a temporary visa that allows the partner to live, work, and study in Australia while their relationship is assessed. After meeting certain eligibility criteria and demonstrating a genuine and ongoing relationship, applicants can progress to the second stage, the Subclass 100 permanent visa, which grants full permanent residency.
This pathway not only facilitates family reunification but also provides partners with access to healthcare, work rights, and other benefits available to permanent residents. It is particularly suitable for couples who are committed to building a life together in Australia and wish to enjoy the security and opportunities that permanent residency offers.
Difference between Subclass 309 and 100?
The Subclass 309
- This visa serves as the temporary first stage of the partner visa pathway.
- This provisional visa allows applicants who are outside Australia at the time of application to enter and live in Australia temporarily while their permanent visa application is processed.
The Subclass 100
- The Subclass 100 visa is the permanent stage that follows the provisional visa.
- Once granted, it provides Permanent residence in Australia.
- Ability to sponsor eligible family members for Australian visas, Pathway to Australian citizenship when eligible. Indefinite stay, work, and study rights in Australia.
Eligibility Requirements
Applicants must meet several critical requirements to qualify for the 309/100 visa pathway :
- Age Requirement: Must be 18 years or older at the time of application
- Location: Must be outside Australia when applying for and when granted the Subclass 309 visa
- Relationship Status: Must be married to or in a de facto relationship with the sponsor
- De Facto Relationships: Must have lived together for at least 12 months before application
- Health and Character: Must satisfy health examinations and character requirements
- No Outstanding Debts: Must have no outstanding debts to the Australian government
The Australian partner must meet specific eligibility criteria:
- Citizenship Status: Must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen
- Age Requirement: Must be 18 years or older
- Sponsorship Limitations: Cannot have sponsored more than two people for partner visas during their lifetime
- Previous Sponsorships: If previously sponsored a partner, at least 5 years must have passed since the last sponsorship
- Character Requirements: Must have a clean criminal record and satisfy character requirements
The relationship must demonstrate several key characteristics:
- Genuine and Continuing: The relationship must be authentic and ongoing
- Mutual Commitment: Both parties must show commitment to a shared life, excluding all others
- Cohabitation: Couples must live together or not live separately permanently
- Valid Marriage: For married couples, the marriage must be valid under Australian law
Required Documents
- Form 47SP (partner application) & Form 40SP (sponsorship)
- Passports & birth certificates (applicant & sponsor)
- Marriage certificate OR 12+ months cohabitation evidence (for de facto)
- Sponsor’s Australian citizenship or residency proof
- Two recent passport photos (both)
- Medical exams & chest X-rays
- Police clearances from all countries lived in for 12+ months (last 10 years)
- HIV tests (if applicable)
- Joint bank statements (6+ months)
- Joint lease/mortgage & household bills
- Photos & communication history
- Statutory declarations from friends/family (min 2)
- Statements from both partners showing commitment and plans
- Child’s passport, birth certificate & photos
- Custody documents & permission from non-accompanying parent
- Police checks and character assessments for children 16+
Application Process
Step-by-Step Overview
Preparation Phase
Online Application
Document Submission
Processing and Assessment
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