Subclass 309 and 100
Partner visa (apply overseas)

Two Stage Processing

Under two-stage partner visa processing arrangements, both subclass 309 and 100 are applied together on one application form. In the first step, temporary visa subclass 309 is granted and applicant can come to Australia. In most cases, applicants are not eligible for the permanent visa subclass 100 until two years after their application is made. It means, subclass 309 holders are usually required to wait two years before their subclass 100 visa application is able to be considered.

Relationship requirements

Partner visas are available for both married and defacto relationships. However, it is considered as in relationship if

1. Both have mutual commitment of shared life as couple with exclusion to all others.

2. They must be living together or not living separate permanently.

3. Relationship must be genuine and continuing.

4. Defacto relationship must be continuous for atleast 12 months or relationship is registered under state laws. 

Most importantly, to assess the genuineness and continuity of the relationship​, the following factors are considered:

• Financial aspects such as joint bank accounts, shared real estate, sharing day-to-day expenses etc.

• Social aspects such as declaring the relationship to other government bodies and commercial/public institutions or authorities and having these declarations accepted by these bodies, statements from parents, friends etc, joint travel plans.

• Household aspects such as joint rental, joint utilities accounts (electricity, gas, telephone), shared responsibility for children, shared housework etc.

• Nature of commitment to each other including duration of relationship and living together, degree of companionship and emotional support, long-term relationship goals.

Provisional Visa Eligibility 
(Subclass 309)

• Be in genuine relationship with spouse or defacto partner who is an Australian citizen or permanent resident and sponsored by them.

• Must be outside Australia while submitting the application.

While holding temporary visa subclass 309

• Live, work and study in Australia.

• Access to Australia public health care.

• Travel in and out of Australia as required.

Permanent visa Eligibility
(Subclass 100)

• Holder of provisional visa subclass 309.

• Sponsorship by the partner is still continuous

• Relationship with the partner is ongoing

• Two years have elapsed since provisional visa was granted

There could be an exception to two years period if relationship is long term.​