On April 17, 2019, the new sponsored family visa and adjustments to family sponsor approval will go into effect. On April 17, 2019, we were informed that these changes will not affect Partner visas, and that present arrangements will continue to be in effect.
There is no timetable for expanding the new sponsorship framework to other family visas at this time, thus existing visas, including partner visas, will continue to operate as usual from April 17, 2019.
Only the new Sponsored Parent (Temporary) 870 visa will be affected by the latest modifications to sponsored family visas, which are set to take effect on April 17, 2019.
When the changes to Partner visas go into effect, Sponsorships will have to be filed first and approved before Partner visas may be filed. If you want to apply for a Partner visa, we urge that you schedule an appointment to discuss and understand how these changes may affect you.
Features
The Partner visas (subclasses 309 and 100) allow the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen live in Australia.
The temporary Partner (Provisional) visa (subclass 309) is granted first and lets you stay in Australia while the permanent Partner (Migrant) visa (subclass 100) is processed.
Eligibility
You must be married to or in a de facto relationship with one of the following:
- a citizen of Australia
- a permanent resident of Australia
- a citizen of New Zealand who qualifies
Under Australian law, your marriage must be legal. If you are 16 or 17 years old, this implies you must have parental authorization.
For at least 12 months, you must have been in a de facto partnership.
Duration of stay
- You can stay on the temporary 309 visa until a decision is made on your permanent Partner visa (subclass 100).
- You can stay in the country indefinitely if you have a permanent 100 visa.
Cost
Starting at AUD 7,715
The procedure
The permanent Partner (Migrant) visa (subclass 100) is obtained in two stages. You must first be awarded a temporary Partner (Provisional) visa before applying for a permanent partner visa (subclass 309). You submit a single application for both permanent and temporary visas and pay only one price.
If you are granted a temporary Partner (Provisional) visa (subclass 309), you will be considered for a permanent Partner (Migrant) visa (subclass 100) roughly two years after your application is submitted. For this examination, you will need to provide additional papers. If you have been in a long-term relationship before filing your application, you will be awarded the permanent Partner (Migrant) visa (subclass 100) immediately following the temporary Partner (Provisional) visa (subclass 309).
Processing time
| 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 |
Relationship of a long duration
If you have been in a long-term relationship with your partner at the time you apply, your permanent Partner visa (subclass 100) will be issued immediately after the temporary Partner visa (subclass 309).
Eligibility
Age
If you are married, you must be 18 years old or older at the time of application. This is because, in most cases, your marriage must be valid under Australian law if you are 18 or older.
You must be 18 years old or older to apply if you are a de facto partner.
Your relationship
You must be an Australian citizen, Australian permanent resident, or eligible New Zealand citizen’s spouse (married) or de facto partner.
If your relationship ends after you submit your application, you may still be qualified.
Sponsor
Unless your partner is under the age of 18, you must have a sponsor who will be your partner.
Health
The health criteria must be met.
Character
The character criteria must be met.
Debts to the Australian government
Any outstanding debts to the Australian government must have been paid or arranged to be paid.
Eligibility criteria for the permanent Partner visa (subclass 100)
You must do the following:
- A partner visa that is only valid for a certain time (subclass 309)
- Unless your connection has terminated and there are specific conditions, continue to be the spouse or de facto partner relationship.
- While on your temporary visa, you have complied with all Australian rules.
The visa
What you can do
The temporary Partner visa (subclass 309) allows you to stay in Australia until your permanent Partner visa is approved (subclass 100).
Additional family members
Any minors seeking for a visa with you will be charged a fee.
Other expenses
If you require them, you will be responsible for additional fees such as health exams, police certifications, and biometrics.
Location
You must be outside of Australia when you submit your application and when the temporary Partner visa decision is granted (subclass 309).
When a decision on the permanent Partner visa is made, you might be in or out of Australia (subclass 100).
What is the duration of the visas?
The Partner (Provisional) visa (subclass 309) is only valid for a short period of time. It lasts from the time it is issued until your permanent Partner visa is decided (subclass 100).
The Partner (Migrant) visa (subclass 100) is a permanent visa that is valid for indefinite periods of time. It begins on the date on which it is granted.
Family
Your dependent children or stepchildren can be included in your application.
Your children will have the same privileges and visa conditions as you if you are given the visa.
Your responsibilities
You and your children must abide by Australian laws as well as the terms of your visa.
Your visa criteria can be found on VEVO.
Sponsors
Eligibility
A sponsor is usually the applicant’s husband, wife, or de facto partner.
Sponsorship restrictions
If you have or have had certain visas and certain circumstances apply to you, you may not be able to sponsor.
Cost
Nil AUD
What is the duration of the sponsorship?
After your partner enters Australia on a temporary Partner visa, your sponsorship will cease two years later (subclass 309).
This is true even if the permanent Partner visa (subclass 100) is issued immediately following the temporary Subclass 309 visa.
