Partner Visa Subclass 309-100

The offshore subclass (309 and 100) allows the spouse or de facto partner of eligible sponsor travel to and live in Australia. The spouse or de facto partner must be outside of Australia to apply.

The onshore subclass (820 and 801) allows the spouse or de factor partner of an eligible sponsor to remain in Australia to live. The spouse or de factor partner must be inside Australia to apply.

Who is eligible for a Partner visa?

Both types of Partner visa allow you to live in Australia if you are the spouse or de facto partner of someone who is any of the following:

• An Australian citizen
• A permanent resident,
• An eligible New Zealand citizen

The Partner (Provisional) visa (subclass 309) is the first step towards a permanent Partner visa (subclass 100) if the applicant is outside of Australia. Only one application needs to be lodged for both visas, and there is only one application charge. The processing happens in two stages, approximately two years apart. The applicant must be outside of Australia when you apply for the Partner (Provisional) visa (subclass 309) and also when it is granted. The applicant can be in or outside Australia when Partner visa (subclass 100) is granted.

The temporary Partner visa (subclass 820) is the first stage towards a permanent Partner visa (subclass 801) is the applicant is in Australia. Only one application needs to be lodged for both visas, and there is only one application charge. The application is processed in two stages, which are approximately two years apart. The applicant must be inside Australia when the application is lodged, and also when it is granted.

Other requirements for a Partner Visa

If the applicant is outside of Australia and is applying for a Partner (subclass 309 and 100), or if they are inside of Australia and are applying for a Partner visa (subclass 820 and 801) they must show the following:

• That they are in a genuine, consensual and ongoing relationship with the sponsor
• That they live with their partner
• If they are married, that the marriage is valid under Australian law
• If they are de facto, that a committed an exclusive relationship has existed for at least 12 months before the date of application
• That they meet certain age and health requirements

An applicant who is in Australia and applying for the Partner visa (subclass 820 and 801) may also be granted the visa if:

• Their relationship breaks down and there is a child of the relationship
• The sponsor dies and they can show that their relationship would have continued if they had lived
• The relationship breaks down and the applicant or members of their family have suffered family violence

Benefits of the Partner visa

Both Partner visas allow the applicant to:

• Enter Australia and stay until a decision is made about the permanent Partner visa (subclass 100).
• Work in Australia
• Study in Australia (without government funding)
• Enroll in Medicare

If the applicant is later granted a permanent visa, they can:

• Stay in Australia indefinitely
• Work and study in Australia
• Apply for Australian citizenship (depending on eligibility)
• Sponsor eligible relatives for permanent residence

These Partner visas also allow for the visa applicant to include dependent children and other dependent relatives on the application, if they fulfil the requirements of being a member of the family unit.

There are certain additional requirements for a Partner visa (subclass 820 and 801) to include non-children dependent relatives.