The Partner visas (subclass 309 and 100), must be applied while the applicant is outside Australia. This visa allows the de facto partner or spouse of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen to live in Australia. While the subclass 309 Partner visa is a temporary visa when granted, it lets the applicant stay in Australia while the permanent visa (subclass 100) is processed at a later stage subject to further documentation.
Eligibility
- you must be married or in a de facto relationship with an Australian citizen, Australian permanent resident or eligible New Zealand citizen
- if you are in a de facto relationship, you must show that you have been in a de facto relationship for at least 12 months
- you must be 18 or older when you apply
- you must have a sponsor, who will be your partner, except if your partner is under 18 years of age
- your relationship with your partner is a genuine relationship
- you must meet the health and character requirement
Once the Temporary (Subclass 309) visa is granted, after two years the applicant will be eligible for the grant of the Permanent (Subclass 100) visa. This is the second stage of the application process.