|Overview||This visa allows the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen to live in Australia temporarily. Getting this visa is the first step towards a permanent Partner visa (subclass 100).|
|Cost of application||From AUD7,715 (this fee covers both this temporary visa and the permanent Partner subclass 100 visa)|
|Duration of visa||You can stay on the visa until a decision is made on your permanent visa (subclass 100) application. Generally about 15 to 24 months.|
|Uses of this visa|
Applicants must meet the following requirements-
You can include your members of the family unit 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 decide on your temporary visa.
Family members who apply with you must:
You can also add them after your temporary visa has been granted.
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 the same 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.
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
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 each 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 at least 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 that 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 their visa was granted
- your de facto partner told the Department of Immigration about the relationship before their visa was granted
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.
Limitations on Sponsorship
You might not be allowed to be a sponsor if you held one of the following visas, in certain circumstances.
The permanent Partner (Migrant) visa (subclass 100) requires a two stage process in order to gain acceptance, but will first need to be granted a temporary Partner (Provisional) visa (subclass 309) before lodge your application. Both permanent and temporary visas are to be applied for at the same time and require a single fee payment. If you have been granted the temporary Partner (Provisional) visa (subclass 309), you have the authority to be assessed for the permanent Partner (Migrant) visa (subclass 100) around two years after your application is lodged. Further documents will then need to be provided for this assessment.
The permanent Partner (Migrant) visa (subclass 100) will be granted immediately after the temporary Partner (Provisional) visa (subclass 309) if you have been in a long term relationship before your application is lodged.
|STREAM||75 PER CENT OF APPLICATIONS PROCESSED||90 PER CENT OF APPLICATIONS PROCESSED|
|309 – Provisional visa||12 Months||17 Months|
|100 – Permanent visa||17 Months||28 Months|
Prospective Marriage (subclass 300) or Partner visa holders
Usually, you cannot sponsor someone for this visa if:
- you were sponsored for, and granted, a Partner visa or Prospective Marriage visa (subclass 300) that you applied for less than 5 years ago, or
- you have sponsored more than 1 other person for a Partner visa or Prospective Marriage visa (subclass 300) that they applied for less than 5 years ago
You might still be able to sponsor someone for this visa if there are compelling circumstances – for example, if:
- your previous partner died or left the relationship and you have young children
- you have been with the applicant for more than 2 years
- you (or the applicant) have dependent children
Contributory parent visa holders
You cannot usually sponsor someone for this visa if you:
- were granted a Contributory Parent visa after 30 June 2009 and
- the applicant was your spouse or de facto partner before we granted you that visa, and
- it has been less than 5 years since we granted you that visa
Woman at Risk visa holders
You can’t sponsor an applicant for this visa if you were granted a subclass 204 visa in the 5 years before they applied and:
- they were your spouse or de facto partner when you were granted that visa, but you are now divorced or permanently separated, or
- they were your spouse or de facto when you were granted that visa but you did not notify the Department of Immigration about them at the time
Partner (Migrant) visa Subclass 100
|Overview||The visa allows the de facto partner or spouse of an Australian citizen, Australian permanent resident or eligible New Zealand citizen, to live in Australia permanently. It is usually granted to those who hold a temporary Partner visa (subclass 309).|
|Cost of application||Zero (You will have paid for this visa when you made your combined application for the temporary and permanent partner visas.)|
|Duration of visa||Since this is a permanent visa, you can stay in Australia indefinitely.|
|Uses of this visa||
|Eligibility||Applicants must meet the following requirements-
You can travel to and from Australia as many times as you want for 5 years from the date the visa is granted. This is as long as the travel facility on this visa remains valid.
If you want to travel after the initial 5-year travel facility:
- you will need to apply for and be granted a Resident Return (RRV) so that you can re-enter Australia as a permanent resident
- you might also want to consider Australian citizenship. If you become an Australian citizen, you don’t require a visa to enter Australia. You will need to apply for an Australian passport and use it to leave and re-enter Australia.