About

Australia

Stay

Temporarily, until we decide your permanent Partner (Migrant) visa (subclass 100) application or the application is withdrawn

Cost

From AUD7,715

Processing times

  • 75% of applications: 18 months
  • 90% of applications: 23 months

With this visa you can

  • live, work and study in Australia while we process your permanent Partner (Migrant) visa
  • travel to and from Australia as repeatedly as you would like
  • attend free English language classes provided by the Adult Migrant English Program

See all conditions

Check your eligibility

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You must
  • be in a genuine relationship with your spouse or de facto partner who is an Australian citizen, Australian permanent resident or eligible New Zealand citizen
  • be outside Australia when you apply for this visa
Note: The Department is not asking Family visa applicants to travel offshore at this time. See: COVID-19 visa concessions. Apply

With this visa you can

  • stay in Australia until we decide your permanent Partner (Migrant) visa (subclass 100) or the application is withdrawn
  • work in Australia
  • study in Australia (you will not receive government support)
  • travel to and from Australia as repeatedly as you want
  • attend up to 510 hours of free English language classes provided by the Adult Migrant English Program
  • enrol in Australia’s public health care scheme, Medicare

How long you can stay

Stay on the visa until we decide your permanent visa (subclass 100) application or you withdraw the application.

For most applicants, this stay is from 15 to 24 months.

In some circumstances, including where you have been in a long term relationship before you apply, you might not stay on the 309 visa at all. We might grant you the permanent visa immediately after we grant the temporary 309 visa.

Include family members

You can include your members of the relatives in your application. You can:

  • include them when you lodge your visa application
  • add a dependent child after you lodge your application but before we choose your temporary visa.

Family members who apply with you must:

  • meet our health requirement
  • meet our character requirement
  • be outside Australia

You can also add them after we grant the temporary visa.

Cost

AUD7,715 for the main applicant. This fee covers both:

  • this temporary visa
  • the permanent Partner (Migrant) visa (subclass 100)

There is also a fee for each family member who applies for the visa with you, unless they hold a Dependent Child visa (subclass 445). There is no fee for subclass 445 visa holders.

To work out what proportion your visa might cost use the Visa pricing estimator.

The estimator does not take into account other costs you might also have to pay such as those for police certificates, health checks or biometrics.

Apply from

You must be outside Australia when you apply for this visa.

Processing times

Your application might take longer to process if:

  • you do not fill it in correctly
  • you don’t include all required documents or we need more information from you
  • it takes time to verify your information

We can’t process your application if you do not pay the correct visa application charge. We will notify you if this is the case.

Your obligations

You and your family members must meet all visa conditions and obey Australian laws.

See what conditions might be attached to this visa.

Note: You must enter Australia before the date specified in your grant letter. The primary entry date is generally set at 12 months from the date of visa grant.

Travel

You can travel to and from Australia as repeatedly as you want.

Note: You must make your first entry to Australia as the holder of this visa before the date specified in your visa grant letter. The first entry date is usually set at 12 months from the date of visa grant.

Visa label

We will digitally link your visa to your passport. You will not get a label in your passport

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

Your relationship can be with someone of an equivalent or different sex.

You might still be eligible for the visa if your relationship breaks down or your sponsor dies while we are considering your application.

Married applicants

To be a married applicant:

  • you and your spouse must both be committed to a shared life together to the exclusion of all others
  • your relationship with your spouse must be genuine and continuing
  • you must live with your spouse or do not live apart on a permanent basis
  • your marriage must be valid under Australian law

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 all these apply:
  • you are not married to every other
  • you are committed to a shared life to the exclusion of all others
  • your relationship is genuine and continuing
  • you live together or do not live separately and apart on a permanent basis
  • you are not related by family

Usually your de facto relationship must have existed for a minimum of 12 months immediately before you apply for the 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 to grant the subclass 820 visa.

The 12-month requirement also will not apply if:

  • your partner holds or held a permanent humanitarian visa
  • your de facto relationship existed before we granted their visa
  • you 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 authority such as a registry of births, deaths and marriages

You might still be granted the temporary visa if your relationship has broken down or if your sponsor died.

Have a sponsor

You must have a sponsor when you lodge your application and when you are on this visa.

We must approve your sponsor. There are limitations on approval.

You can’t 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 309 Partner visa.

Be the right age

Married applicants must usually, be 18 or older when they apply. This is because usually, you must be 18 or older to be married under Australian law.

Applicants in de facto relationships must be 18 or older when they apply.

Meet our health requirement

You, and any member of the family unit or dependent child who applies for the visa with you, must meet our health requirement. Family members who don’t accompany you to Australia may additionally got to need to meet our health requirement.

Meet our character requirement

You and any family members who apply for the visa with you must meet our character requirement.

Pay your debts to the Australian Government

If you or any family members (including those who don’t apply for the visa with you) owe the Australian government money, you or they must have paid it back or arranged to pay it back.

Best interests of the child

We might not grant this visa if it is not within the best interests of an applicant under 18.

Not had a visa cancelled or an application refused

You might not be eligible for this visa if you have had a visa cancelled or refused while you were in Australia. Check if visa cancellation affects your eligibility.

Before you apply

You might want to organise health examinations or get help with your application.

Get help with your application

You don’t have to use a migration agent to apply for any visa. But if you want to, see how to find a registered migration agent.

Anyone can assist you fill out forms or give you general help with your application. But you must let us know if you want someone to:

  • receive your correspondence
  • provide immigration assistance and act for you

Step 2

Gather your documents

Provide accurate, authentic documents. See what happens if you provide false or misleading documents or information.

Identity documents
Provide a birth certificate showing the names of both parents. If you can’t provide this, provide one among the following:
  • identification pages of a family book showing the names of both parents
  • identification pages of an identification document issued by the government
  • identification pages of a court-issued document that proves your identity
  • identification pages of a family census register
Also provide:
  • the pages of your current passport showing your photo, personal details and passport issue and expiry dates
  • a national identity card, if you have one
  • proof of change of name, if applicable, such as:
    • a marriage or divorce certificate
    • change of name documents from an Australian Registry of Births, Deaths and Marriages, or the relevant overseas authority
    • documents that show other names you have been known by

Your relationship with your partner

If you are married, provide your marriage certificate or other evidence that your marriage is valid in Australia. If you are a de facto partner, provide proof of your de facto relationship.

This proof should show that:

you have a mutual commitment with your spouse of 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

Tell us in writing about:

  • how, when and where you initially met
  • how the relationship developed
  • when you moved in together, got engaged or married
  • what you do together
  • time you spent apart
  • significant events within the relationship
  • your plans for the long term
Finances
Show us how you and your partner share financial matters. You could give us:
  • joint mortgage or lease documents
  • joint loan documents for major assets like homes, cars or major appliances
  • joint bank account statements
  • household bills in both names
Your household
Show us how you and your partner share domestic matters. You could give us:
  • a statement about how you share housework
  • household bills in both names
  • mail or emails addressed to you both
  • documents that show joint responsibility for children
  • documents that prove your living arrangements
Social matters Show us that others know about your relationship. You could give us:
  • joint invitations or evidence you go out together
  • proof you have friends in common
  • proof you have told government, public or commercial bodies about your relationship
  • proof you do joint sporting, cultural or social activities together
  • proof you travel together
  • statutory declarations from your partner’s parents, family members, relatives and friends about how they see your relationship. You can use Form 888 Statutory declaration by a supporting witness in relation to a Partner or Prospective Marriage visa application
Commitment Show us how you are committed to a long-term relationship with each other. You could give us:
  • proof you have knowledge of each other’s background, family situation or other personal details. You could tell us this at an interview
  • proof you have combined your personal matters
  • the terms of your wills
  • proof you stay in tuned when apart
Additional proof of a de facto relationship In addition to documents proving your relationship, show us you have been in your de facto relationship for a minimum of 12 months before you applied for this visa. If you haven’t been in the relationship for 12 months, tell us in writing why the 12-month requirement does not apply. For example:
  • provide evidence you have registered your relationship with an Australian births, deaths and marriages agency, or
  • explain any compelling and compassionate circumstances exist to grant the visa
Other relationships If you have previously been married, widowed, divorced or permanently separated, provide divorce documents, death certificates, separation documents or statutory declarations. Character documents Provide an Australian National Police Certificate if you’ve spent a complete of 12 months or more in Australia within the last 10 years since you turned 16. ——————————————————————————————————————– We only accept National Police Certificates applied for under Code 33 – Immigration/Citizenship. The Australian Federal Police issue these certificates. We don’t accept standard disclosure certificates or certificates issued by Australian state or territory police. Also provide:
  • an overseas police certificate from every country, including your home country, where you spent 12 months or more in the last 10 years since you turned 16
  • military service records or discharge papers if you served in the soldiers of any country
For immigration purposes, police certificates are valid for 12 months from the issue date. Complete and supply Form 80 Personal particulars for assessment including character assessment

Tell us you are getting help

To nominate someone to:

  • receive your correspondence, use Form 956a Appointment or withdrawal of an authorised recipient
  • provide immigration advice, use Form 956 Advice by a migration agent/exempt person of providing immigration assistance
  • act for you but not provide immigration assistance, let us know in writing what they can do on your behalf (such as submit or withdraw an application for you). Upload your written notification in ImmiAccount
See more about getting help with your application.

Dependants under 18 documents

For every dependant under 18 years old who is applying with you provide:

  • identity documents
  • proof of your relationship together with your dependant, like a birth or marriage certificate
  • character documents,if the dependant is 16 or 17 years of age
  • adoption papers or parental court orders, if applicable
  • proof of enrolment at school, college or university, if applicable
  • proof of sole custody, if applicable
Parental responsibility documents You must get consent for any applicant under 18 years of age to migrate to Australia from anyone who:
  • has a legal right to decide where the child lives and
  • is not coming to Australia with the child
They must complete either:
  • Form 1229 Consent form to grant an Australian visa to a child under the age of 18 years
  • a statutory declaration giving their consent for the child to visit Australia on this visa
Alternatively, you can show us:
  • an Australian court order that allows your child to migrate to Australia, or
  • that the laws of your home country allow them to migrate
Include:
  • an identity document that shows the signature and photo of the person who completed the form or declaration, such as a passport or driver’s licence
  • adoption papers or other court documents if applicable
Dependants over 18 documents For every dependant 18 years old or older who is applying with you provide:
  • identity documents
  • documents about their other relationships, if applicable
  • character documents, if applicable
  • adoption papers or parental court orders, if applicable
Proof of dependency
You need to prove that this person depends on you. Provide:
  • a completed Form 47a – Details of a child or other dependent family member aged 18 years or over
  • proof of your relationship with the dependant such as a birth certificate or adoption papers
You must also prove this person has been financially dependent on you for at least 12 months before you apply. You could provide:
  • proof they live with you
  • their tax records
  • proof they are currently studying
Prepare your documents
New step description
Translate
Have all non-English documents translated into English.
Translators in Australia must be accredited by the National Accreditation Authority for Translators and Interpreters.
Translators outside Australia do not have to be accredited. But on each translation, they must include their:
  • full name
  • address and phone number
  • qualifications and experience in the language they are translating
These details must be in English.
Note: You do not need to have any documents certified.
Scan or photograph
Scan or photograph all documents (English and non-English) in colour.
The scans and photos must be legible.
If a document is more than 1 page, save it all as 1 file.
Keep a copy of your completed application.
Step 3
Apply for the visa
You must apply:
  • online
  • outside Australia
Provide accurate information
See what happens if you can’t prove your identity or don’t provide true information.
Apply online
  1. Complete your application in ImmiAccount. If you do not have an ImmiAccount login, you will be asked to create a new account.
  2. Pay the visa application charge. We won’t process your application until you have paid the charge.
  3. Submit your application and note the transaction reference number (TRN). Your sponsor will need the TRN to apply for sponsorship.
  4. Attach supporting documentsto your completed application.

Step 4
After you apply
See what to do after you apply.

Status updates
If it is within global visa processing times do not call. We can’t provide any longer updates on your application’s progress. You can see if we have asked for more information in your ImmiAccount

What will happen after you apply
We will confirm your application has been lodged.

Travel
Do not arrange to travel to Australia until we allow you to know, in writing, that we have granted you the subclass 309 visa.

Hide Biometrics
We might ask for biometrics. We will tell you if you need to provide them.

Health exams
You need to have health exams.
Learn more about the health requirement.

Attach more information
If you did not attach all documents when you applied, attach them in ImmiAccount as soon as you can.
We might also ask you to provide more information.
If we learn anything about you that could affect your application, we will usually contact you.

Add family members
You can add a dependent child to your application before we decide on your visa. Complete and attach Form 1436 – Adding an additional applicant after lodgement  and attach it to your ImmiAccount.

Newborn Children

Find out what to do if your child is born after you apply.

Mistakes on your application

Tell us know as soon as you can if you have made a mistake in your application.

Complete Form 1023 Notification of incorrect answers (168KB PDF) and attach it to your ImmiAccount.

Tell us if things change

Tell us if things change after you lodge your application but before we’ve made a chice.

Things you need to let us know about include:

  • changes to your phone number, address or passport
  • changes to your marital or de facto status
  • the birth of a child
  • any other changes relevant to your application
  • a request to withdraw your application

See what to do if your situation changes.

If your relationship ends

Contact us as soon as possible using the Partner (permanent) processing centres enquiry form.

Step 5

Visa outcome

You can be inside or outside Australia when we decide on your temporary visa application.

Inside Australia

On 27 February 2021, changes to the Migration Regulations 1994 came into effect. These allow us to grant you a visa in Australia if:

  • you are in Australia at any time during the COVID-19 concession period, and
  • applied for your visa before the end of the COVID-19 concession period; and
  • you meet all visa criteria.  

The COVID-19 concession period started on 1 February 2020 and is an interim arrangement. We are yet to determine the end date of the concession period. The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs will determine this end date.

We cannot grant you a visa if you do not apply during the COVID-19 concession period and come to Australia after that period has ended.

Outside Australia

If you are outside Australia and meet the visa grant requirements, we can grant you the visa.

We will tell you our decision in writing. Keep a copy of the decision.

If we grant your visa, we will tell you:

  • your visa grant number
  • the date your visa starts
  • your visa conditions, if applicable

If we refuse your visa, we will tell you:

  • why we refused the visa
  • whether you have a right to a review of the decision

We will not refund the application fee if we refuse your application.

What you can do on this visa

  • work and stay in Australia until we decide your permanent Partner visa (subclass 100)
  • study in Australia
  • travel to and from Australia as many times as you want
  • attend up to 510 hours of free English language classes provided by the Adśult Migrant English Program
  • enrol in Australia’s public health care scheme, Medicare

How long you can stay

You can stay until we make a decision about your permanent Partner visa (subclass 100) or you withdraw that application.

What you must do on this visa

You and your family members must meet all visa conditions and obey Australian laws.

To see what conditions you have, use VEVO.

Note: You must enter Australia before the date specified in your grant letter. The first entry date is generally set at 12 months from the date of visa grant.

Travel on your visa

You can travel to and from Australia as many times as you want.

Prove you have a visa

To prove you have a visa and show your conditions to someone, use VEVO

To prove you have been to Australia, request your international movement records by completing Form 1359 – Request for international movement records (280KB PDF).

Working

You are protected by Australian workplace law. See your workplace rights and entitlements.

Access Australian Government benefits

As a newly arrived resident, you might have to wait to access certain Australian Government payments and benefits. Learn more about newly arrived residents’ waiting periods from Services Australia.

Bring a family member

Add family members to your application You can’t add relations to your temporary visa application after we grant the Partner (Provisional) visa subclass 309. To include a dependent child in your permanent visa application after we have granted you a subclass 309 visa, apply for a Dependent child visa (subclass 445). Once your child holds a Dependent child visa, you can then add them to your permanent partner visa application.

Newborn children

Find out what to do if you have a child while you hold this visa.

Tell us if things change

Things you need to let us know about include:
  • changes to your contact details or passport
  • changes to your marital or de facto status
  • the birth of a child
  • any other changes relevant to your application
See what to do if there is change in your situation.

If your relationship ends or your partner dies

You might still be eligible for the permanent visa if your relationship ends or your partner dies. See what to do when there is a change in your situation.

Do not get another visa

To get the permanent Partner visa (subclass 100), you must hold this subclass 309 visa. If you are granted any other visa, the new visa will replace your subclass 309 visa. This means you can’t be granted a permanent Partner visa (subclass 100).

Gather documents for the permanent Partner visa

So we can assess you for the permanent visa, you will need to show that, since you were granted your temporary Partner visa, you and your sponsor have continued to:
  • be married or de facto partners
  • have a real and continuing relationship
  • live together or not live separately and apart on a permanent basis, and
  • be committed to a shared life excluding other partners
We suggest you retain documents that can show us these things. Find out more about the permanent Partner visa (subclass 100).
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