Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)

Features

This visa allows the spouse or de facto partner of an Australian citizen, permanent resident or eligible New Zealand citizen to travel to and live in Australia.

Requirements

You might be able to get this visa if you are married to or in a de facto relationship with an:

  • Australian citizen
  • Australian permanent resident
  • eligible New Zealand citizen.

You must be outside Australia when you apply.

About this visa

The Partner (Provisional) visa (subclass 309) allows you to live in Australia if you are the spouse or de facto partner of:

The Partner (Provisional) visa (subclass 309) is the first stage towards a permanent Partner visa (subclass 100). You lodge only one application for your temporary and permanent visas and pay one application charge. Your application is processed in two stages, about two years apart.

You must be outside Australia when you apply and also when the Partner (Provisional) visa (subclass 309) is granted. You can be in or outside Australia when Partner visa (subclass 100) is granted.

More information

More information is available from the Partner Migration booklet.

What this visa lets you do

The Partner (Provisional) visa (subclass 309) lets you:

  • enter Australia and stay here until a decision is made about your permanent Partner visa
  • work in Australia
  • study in Australia, but with no access to government funding
  • enrol in Medicare, Australia's scheme for health-related care and expenses.

If you are later granted a permanent visa, you can:

  • stay in Australia indefinitely
  • work and study in Australia
  • apply for Australian citizenship (if you are eligible)
  • sponsor eligible relatives for permanent residence
  • receive some social security payments
  • travel to and from Australia for five years from the date the visa is granted – after that time you will need another visa to enter Australia.

Before you apply

Your passport

You need a valid passport or other travel document for this visa. If you plan to get a new passport, you should do so before applying for your visa. If you get a new passport after you have lodged your application, give the details of your new passport to one of our offices.

You might be able to update your passport details using ImmiAccount.

Cost

The visa application charges are listed in Fees and charges.

Other costs

You might have to pay other costs, such as the costs of health assessments, police certificates, or any other certificates or tests. You are responsible for making the necessary arrangements.

Visa applicants

This information tells you what you need to do to apply for a Partner visa (subclass 309/subclass 100).

Who could get this visa

You must be outside Australia and married or in a de facto relationship with:

You must be in a genuine and ongoing relationship. You must live with your partner or, if you do not, any separation must be only temporary. Both parties must freely consent to the relationship.

You can apply if you intend to marry your partner before a decision on your visa is made.

Married applicants

Your marriage must be valid under Australian law.  Underage, polygamous and same-sex marriages are not legal in Australia. The marriage could be valid under limited circumstances if one person is younger than 18 years of age. Same-sex couples can apply for this visa based on their de facto relationship.

De facto applicants

Your de facto relationship must have existed for at least 12 months immediately before you apply for this visa. Time spent dating does not count towards the length of your de facto relationship.

You might be granted a visa without having been in a de facto relationship for 12 months if:

  • you can demonstrate compelling and compassionate circumstances, such as having dependent children
  • your partner has been granted a permanent humanitarian visa and your de facto relationship existed before it was issued, and you told us about the relationship before the humanitarian visa was granted
  • your de facto relationship has been registered in Australia (this is not available in all states and territories).

You must be older than 18 years of age and not be related to your partner by family. This means you cannot be an ancestor or descendant of one another, or have a parent in common.

Health requirements

You must meet certain health requirements. The results of your health examinations are generally valid for 12 months.

This applies to all dependent family members included in your application, whether they are migrating or not.

Character requirements

You must meet certain character requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until we ask you to.

This also applies to all dependent family members in the application who are 16 years of age or older.

Debts to the Australian Government

You must have no outstanding debts to the Australian Government or have arranged to repay any outstanding debts to the Australian Government before this visa can be granted.

Provide biometrics

You might be asked to provide biometrics (a scientific form of identification) as part of the application. Countries and visa subclasses included in the biometrics program has more information.

Including family in your application

You can include the following people in your visa application:

  • your dependent children
  • other dependent relatives.

If you add a dependent child to your application, that child must meet the requirements for including family members in your application. The application needs to include documentary evidence of the child's relationship to you.

Your dependent child must also be able to show that they meet Australia’s health and character requirements.

How to apply

This information explains what you need to do to apply for a Partner visa (subclass 309/subclass 100).

You and anyone included in your application must be outside Australia when the application is lodged and also when the visa is decided.

Prepare your documents

You need to provide documents to prove the claims you make in the application. The documents are listed in the Document checklist.

Some documents could take some time to obtain. You should have them ready when you lodge the application to reduce any delays in processing.

If you cannot get some documents in time to include them with your application:

  • list the documents in your application
  • send them to us as soon as you get them
  • if you have lodged your application online attach them using ImmiAccount.

Lodge your application online

Create or login to your ImmiAccount and complete the application form:

Your sponsor should also complete:

You must provide all relevant documents and pay the visa application charge by credit card when you apply.

Lodge your application by post or in person

Complete the application form:

  • Form 47SP Application for migration to Australia by a partner (551 kB PDF).

Your sponsor should also complete:

  • Form 40SP Sponsorship for a partner to migrate to Australia (287 kB PDF).

Lodge your application at one of the immigration offices outside Australia, which will tell you how you can pay. There is also further information available on the methods of payment accepted by our offices.

More information

There is more information to help you prepare your application, such as certifying and translating documents into English, communicating with us, using a migration agent, authorising another person to receive information from us, and receiving assistance with your application.

After you have applied

After you have lodged your application and documents, we will let you know that we have received your information.

If you applied online, you can track and manage your application using your ImmiAccount.

Wait for a decision

We have visa processing times for each visa.

Your application could take longer if you need character or health checks (including x-rays), if you need to provide more information, or if your application is incomplete.

Do not make arrangements to travel to Australia until you are advised in writing that you have been granted a visa. Wait for a decision from us before you leave your job, sell your home or book your travel.

Provide more information

You can provide more information to us at any time until a decision is made on the application. If you want to correct information you provided, use:

  • Form 1023 Notification of incorrect answer(s) (99KB PDF).

We could also ask you for more information. You will have to respond by a set date. After that date, we can make a decision about your application using the information that we have.

If you applied online, you can provide additional information, including Form 1023, using  ImmiAccount.

If another person gives us information that could result in you being refused a visa, we will usually give you the opportunity to comment on the information.

You might also be interviewed. If you are asked to attend an interview in person, bring your passport or other identification and any requested documents to the interview.

Report changes in your circumstances

You must tell us if your circumstances change. This includes a new residential address, a new passport, or a pregnancy, birth, divorce, separation, marriage, de facto relationship or death in your family.

You can use the following forms:

If you do not provide us with the details of any new passport issued to you, you could experience significant delays at the airport and may be denied permission to board your plane.

If you applied online, you might be able to update your address and passport details using ImmiAccount.

You must also tell us if your relationship with your partner ends. Family violence provisions has more information if your relationship ends because of family violence.

Withdrawing your application

You can withdraw the application at any time before we make a decision about it. To do this, send us a letter or email to ask for the withdrawal. Your request must include your full name and date of birth. You should also include the number we gave you when you applied, if you know it – this could be a file reference number, client ID, or a Transaction Reference Number.

If you are 18 years of age or older, you must sign the letter of withdrawal or send a separate email or letter.

Visa decision

If the visa is granted, we will let you know:

  • when you can use the visa
  • the visa grant number
  • any conditions attached to the visa.

You will not have a visa label placed in your passport.

If the visa is not granted, we will let you know:

  • why the visa was refused
  • your review rights (if any). Where applicable, your sponsor can apply for the decision to be reviewed
  • the time limit for lodging an appeal.

Document checklist for applicants

You must provide documents to support your application for this visa.

Use the Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100) document checklist to make sure your application is complete.

Visa holders

This information is for people who have already been granted a Partner (Provisional) visa (subclass 309). It explains your rights and obligations.

You can use Visa Entitlement Verification Online (VEVO) for free to check your visa details and entitlements.

How long your visa lasts

Your Partner (Provisional) visa (subclass 309) is valid until:

  • a decision is made about your permanent visa
  • you are granted another type of visa
  • your provisional Partner (Provisional) visa (subclass 309) is cancelled
  • you withdraw your application for a Partner (Migrant) visa (subclass 100).

Keep your visa valid

You must have a valid Partner (Provisional) visa (subclass 309) to be considered for a permanent visa.

If you are granted any other visa before you receive your permanent Partner visa (subclass 100), your temporary Partner visa might no longer be valid. This means your application for your permanent visa will be refused.

If you have a New Zealand passport

If you have a New Zealand passport you might automatically get a Special Category visa (subclass 444) when you arrive in Australia. Your temporary Partner visa will then no longer be valid. You can avoid this by telling the immigration officer at the border that you have a temporary Partner visa.

What this visa lets you do

The Partner (Provisional) visa (subclass 309) lets you:

  • enter Australia and stay here until a decision is made about your permanent Partner visa
  • work in Australia
  • study in Australia, but with no access to government funding
  • enrol in Medicare, Australia's scheme for health-related care and expenses.

Your obligations

You and your family must comply with all visa conditions and Australian laws.

Enter Australia

We will tell you the date by which you must enter Australia. If you do not enter Australia by this date, your visa could be cancelled. Contact us if you cannot arrive by this date.

Any family members who come with you to Australia might have conditions on their visas, including:

  • they cannot enter Australia before you
  • they cannot marry or be in a de facto relationship before they enter Australia.

We will tell you if this is the case.

Your Permanent Partner visa

You can expect the following:

  • About two years after you lodge your application for this visa, you will be assessed for the permanent Partner visa (subclass 100).
  • About three months before you are assessed, we will send you a letter asking you to provide more information. 
  • Whether you applied for your temporary partner visa using a paper form or online, you can provide this information online at Partner visa application - information for permanent stage processing.

Contact our nearest Australian office if two years have passed since you lodged your visa application and you have not yet received this letter.

A permanent Partner visa can be granted earlier if either:

  • when you apply, you have been in a relationship with your partner for more than three years, or more than two years if there is a dependent child of your relationship
  • your spouse or de facto partner dies, the relationship would have continued if they had not died, and you have developed close business, cultural or personal ties in Australia
  • the relationship breaks down and there is a child of the relationship for whom you share responsibility
  • the relationship breaks down due to family violence
  • your partner has been granted a permanent humanitarian visa, and before it was granted:
    • you were married to them or in a de facto relationship with them and;
    • you told us about the relationship.

Contact the Partner Processing Centre in Australia if you are in any of these circumstances. We will tell you what you need to do about your visa application.

Report changes in circumstances

Tell us if your circumstances change. This includes a new residential address, a new passport, or a pregnancy, birth or death in your family.

You can use the following forms:

If you applied online, you might be able to update your address and passport details using ImmiAccount.

You must also tell us if your relationship with your partner ends. Family violence provisions has more information if your relationship ends because of family violence.

Permanent Partner visa calculator

You can use this calculator to help you determine whether you are eligible for Partner (Permanent) visa processing.

Sponsors

This information explains what you need to do to sponsor your partner for a Partner visa (subclass 309/subclass 100).

Who can be a sponsor

To be a sponsor you must:

  • be an Australian citizen, an Australian permanent resident or eligible New Zealand citizen
  • be married, be in a de facto relationship with your partner, or intend to marry before the visa is decided
  • be older than 18 years of age.

If you are married and younger than 18 years of age, a parent or guardian must be the sponsor. That parent or guardian must be an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen.

Australian permanent residents or eligible New Zealand citizens are expected to be living in Australia. Eligible New Zealand citizens might need to have a health examination or character check. We will tell you if you need these checks.

If you have been granted a Woman at Risk (subclass 204) visa in the last five years, you cannot sponsor:

  • someone who was your partner when you were granted a Woman at Risk visa (subclass 204)
  • a previous partner that you did not tell us about when you were granted your Woman at Risk visa (subclass 204).

Limitations on sponsorship

You cannot be a sponsor if you:

  • were sponsored for a Partner or Prospective Marriage visa within the last five years
  • have successfully sponsored two people for migration to Australia on a Partner or Prospective Marriage visa
  • have successfully sponsored another person for migration to Australia on a Partner or Prospective Marriage visa within the last five years.

Your sponsorship could still be approved in compelling circumstances, such as:

  • your previous partner has died or abandoned the relationship, leaving you with young children
  • your relationship with your current partner has been longer than two years
  • you and your current partner have dependent children from your relationship.

Contributory parent visa holders

There might be limits on your sponsorship if:

  • you were granted a permanent Contributory Parent visa on or after 1 July 2009
  • you were in a partner relationship on or before the Contributory Parent visa grant date
    and
  • your partner did not apply for the Contributory Parent visa at the same time as you, or they withdrew that application (before it was finalised).

The sponsorship could still be approved if:

  • 5 years have passed since your Contributory Parent visa grant date
  • your partner did not apply at the same time as you due to compelling reasons, (other than financial reasons)
  • your partner applied at the same time as you but withdrew their application for compelling reasons (other than financial reasons).

Best interests of the child

This visa will not be granted if it is against the best interests of a child younger than 18 years of age.  There is more information in measures for the protection of children.

Character requirements

You might need to meet certain character requirements. You must be prepared to provide a police certificate from each country you have lived in for 12 months or more during the past 10 years after you turned 16 years of age. Do not arrange for police certificates until we ask you to.

How to apply to be a sponsor

This information explains what you need to do to apply to sponsor someone for a Partner (Provisional) visa (subclass 309/subclass 100).

To apply to be a sponsor, complete:

Your partner will lodge this form with their visa application. If you apply online, your partner will need to lodge their visa application and get a TRN (Transaction Reference Number) before you can lodge your sponsorship form (Form 40SP). You will need your partner’s TRN in order to complete the sponsorship form.

Sponsor obligations

As a sponsor you must provide accommodation and financial support for your partner and their family for up to two years following visa grant or first entry into Australia including any period they take English language courses (if needed).

Report changes in your circumstances

You must tell us immediately if your relationship with your partner breaks down, or if you withdraw your support for your partner before their application is finalised.

​​​​​

Estimate the cost of your visa

* Price will be displayed in Australian dollars unless changed.
The Visa Pricing Estimator requires you to answer the questions as accurately as possible to provide you with an estimate for lodging a visa application. The estimator does not include the second instalment of the visa application charge which is payable for some visas. Please note this is an estimate for a visa application, if you have already lodged your application and you want to change/add applicants please refer to the Visa Pricing Table. The Department of Immigration and Border Protection Visa Pricing Estimator will give you an estimate of the charges you may need to pay to lodge a visa application. This is paid after you have made your application but before the visa can be granted. Read the department's full disclaimer. The Commonwealth of Australia does not guarantee the accuracy, currency or completeness of any material in the Visa Pricing Estimator.