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OverviewThis 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).
Visa typeTemporary
Cost of applicationFrom AUD7,715 (this fee covers both this temporary visa and the permanent Partner subclass 100 visa)
Duration of visaYou 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
  • stay in Australia until a decision is made on your permanent Partner (Migrant) visa (subclass 100) or the application is withdrawn
  • work in Australia
  • study in Australia (you will not receive government support)
  • travel to and from Australia as many times as you want
  • attend up to 510 hours of free English language classes provided by the Adult Migrant English Program
  • enrol in Australia’s public health care scheme, Medicare
  • Include family members  in your application (see ‘family members’)
Eligibility

Applicants must meet the following requirements-

  • Meet relationship requirements (whether married or in a de facto relationship, see ‘relationship requirements’ below)
  • For applicants: have a sponsor (who is usually your partner)
  • Be 18 years or older for your relationship to be recognised under Australian law
  • Meet the  health requirement
  • Meet the character requirement
  • Pay your debts to the Australian Government
  • Consider the best interests of the child
  • Not had a visa cancelled or an application refused when you were in Australia
  • For sponsors: be an Australian citizen, Australian permanent resident or eligible New Zealand citizen
  • For sponsors: provide information on relevant offences by providing police certificates
  • For sponsors: not have any limitations on sponsorship (see ‘limitations on sponsorships’ below)
  • For sponsors: not have any convictions or charges for specific offences relating to children

Family Members

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.

Relationship Requirements

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.

 

Married applicants

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 process

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.

Processing time

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).
Visa type Permanent
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
  • stay in Australia indefinitely
  • work  in Australia
  • study in Australia
  • enrol in Australia’s public healthcare scheme, Medicare
  • sponsor your family members to come to Australia
  • travel to and from Australia for 5 years (see ‘travel facility’ for additional information)
  • if eligible, attend free English language classes provided by the Adult Migrant English Program
  • if eligible, apply for Australian citizenship
Eligibility Applicants must meet the following requirements-
  • hold a Partner (Provisional) visa (subclass 309) or Dependent Child visa (subclass 445).
  • Meet relationship requirements (same as the ones stated for Partner (Provisional) visa subclass 309)
  • Pay your debts to the Australian Government
  • Consider the best interests of the child
  • For sponsors: continue to be the spouse or de facto partner who sponsored the applicant for the temporary partner visa.

Travel Facility

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.