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Subclass 309/100 – Spouse Visa (temporary/permanent):

About this Visa

Visa subclass 309 and 100 allows the partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia.

You apply for the temporary and the permanent partner visas together.

Visa 309 – Partner (Provisional) visa 

This visa allows a de facto partner or spouse of an Australian citizen, Australian permanent resident, or eligible New Zealand citizen to visit Australia for a limited period of time. The first step towards obtaining a permanent Partner visa is to obtain this visa (subclass 100).

How long can you stay

Temporarily, until we make a decision on your permanent Partner (Migrant) visa (subclass 100) application or it is withdrawn.

To apply for this visa, you must: 

  • You must be in a genuine relationship with your spouse or de-facto partner who is an Australian citizen, permanent resident or eligible New Zealand citizen.
  • You must have comprehensive and sufficient evidence of your relationship to support your claims of being in a relationship with your partner.
  • You must meet the de-facto or marriage requirements.
  • If you are in a de-facto relationship, you must meet the 12-month relationship requirement, unless you are eligible for a waiver.
  • You must not have had a visa refusal or cancellation.
  • You must be outside of Australia at the time of application and decision.
  • Your sponsor must be an eligible sponsor and is not barred from sponsoring you.
  • You must satisfy the Australian health and character requirements.
  • You will be able to stay in Australia temporarily while the Department processes your application.

This Visa allows you to

  • You will be able to work and study in Australia.
  • You will be able to travel to and from Australia as many times as you require.
  • You will be able to attend the free English language classes provided by the Adult Migrant English Program of up to 510 hours.
  • You will be able to include your family members in the application.

Apply from

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

Visa 100 – Partner (Migrant) Visa 

The visa allows a de facto partner or spouse of an Australian citizen, permanent resident of Australia, or eligible New Zealand citizen to live permanently in Australia. It’s normally given to people on a temporary Partner visa (subclass 309).

How long can you stay 

Permanently

To apply for this visa, you must: 

  • You must be in a genuine relationship with your spouse or de-facto partner who is an Australian citizen, permanent resident or eligible New Zealand citizen.
  • You must have comprehensive and sufficient evidence of your relationship to support your claims of being in a relationship with your partner.
  • You must meet the de-facto or marriage requirements.
  • If you are in a de-facto relationship, you must meet the 12-month relationship requirement, unless you are eligible for a waiver.
  • You must not have had a visa refusal or cancellation.
  • You must be outside of Australia at the time of application and decision.
  • Your sponsor must be an eligible sponsor and is not barred from sponsoring you.
  • You must satisfy the Australian health and character requirements.
  • You will be able to stay in Australia temporarily while the Department processes your application.

This visa allows you to

  • You will be able to work and study in Australia.
  • You will be able to travel to and from Australia as many times as you require.
  • You will be able to attend the free English language classes provided by the Adult Migrant English Program of up to 510 hours.
  • You will be able to include your family members in the application.

Obligations

All Australian rules must be followed by you and your family.

Note: If you are outside of Australia when your visa is granted, you must enter the country before the date on your grant letter. The first entry date is usually 12 months after the visa is granted.

Know all about

Spouse Visa (temporary/permanent)

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