Partner Visa Subclass 309/100

Purpose: To allow the spouse or de facto partner of an Australian citizen, permanent resident, or eligible New Zealand citizen to migrate to Australia. This visa is for applicants who are outside Australia at the time of application.

CriteriaDetails
Visa Subclass309 (Temporary) → 100 (Permanent)
Application TypeOffshore only
EligibilitySpouse or de facto partner of Australian citizen/PR/NZ citizen
Visa Type309 – Temporary, 100 – Permanent
Work & Study RightsYes – unrestricted
Pathway309 to 100 (after ~2 years)
Relationship ProofRequired – financial, social, household, commitment
Include FamilyYes, dependents can be added

The Partner Visa Subclass 309 (temporary) and Subclass 100 (permanent) allow individuals outside Australia to join their Australian partner. The applicant must be outside Australia at both the time of application and when the Subclass 309 visa is granted.

This is a two-stage visa process. Subclass 309 is the temporary visa that allows you to live, work, and study in Australia. After approximately two years, if your relationship is still ongoing, you may be granted the permanent Subclass 100 visa.

You must prove your relationship is genuine and continuing. This can include being legally married or in a de facto relationship for at least 12 months, unless registered under Australian law.

Extensive evidence must be provided to demonstrate your shared life together — including financial commitments, social aspects, living arrangements, and mutual support.

Children and eligible family members can be included in the visa application.

Can I apply for the 309/100 visa while in Australia?

No. You must be outside Australia when applying and when the 309 visa is granted.

You can apply for the 100 permanent visa approximately two years after applying for the 309 visa.

Subclass 309 is for offshore applicants, while 820 is for those already in Australia.

Yes, dependent children can be included and migrate with you.

No. De facto partners are also eligible if the relationship is genuine and continuing.

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