How this Visa Works

Applying for temporary and permanent visas

You apply for both a temporary visa and a permanent visa by completing and lodging one application.

• If you meet all the criteria for the grant of the visa, you may be granted a temporary Partner visa (subclass 309). This visa remains valid until a decision is made on your permanent visa, which is usually two (2) years after you initially applied for your visa.
• If you still meet all requirements when your application is considered after the waiting period, you may be granted a permanent Partner visa (subclass 100).

However, you may be granted a permanent visa without having to wait if you can demonstrate one of the following:

• at the time you apply for the visa, you have been in a married or de facto relationship with your partner for five (5) years or more
• at the time you apply, you have been in a married or de facto relationship with your partner for two (2) years or more, and there are dependent children of your relationship
• your partner was granted a Protection visa or a permanent visa under the humanitarian program and you were in the relationship before the visa was granted and this had been declared to the department at the time.

Note: Generally, you should be living with your partner in a married or de facto relationship at the time you apply.

Responsibilities

Key responsibilities when obtaining and using a Partner visa are summarised in the table below.

Person	Responsibility
Sponsor and applicant	Be in a married or de facto relationship prior to lodging an application.
Sponsor	Be prepared to sponsor the applicant and any dependent family members also included in the application and who are migrating with the applicant.
Applicant	Complete and lodge your application including all forms, supporting documentation and application charges. Note: You apply for a temporary and a permanent Partner visa at the same time. If you are granted a temporary Partner visa, there is no need to lodge another separate application for your permanent Partner visa. If you can meet all the legal criteria, you may be granted a temporary Partner visa.
Sponsor and Applicant	After the grant of a temporary Partner visa, the sponsor and applicant must maintain their relationship and meet all legal requirements when a decision is made on the applicant's permanent Partner visa (usually a two year waiting period from the time the application was lodged). A permanent Partner visa may be granted at the end of the waiting period if the sponsor and applicant still meet all legal requirements.

Visa validity period

If you are granted a temporary Partner visa, it is normally valid throughout the waiting period until a decision is made on your permanent Partner visa application.

If you are granted a permanent Partner visa, it will allow you to remain in Australia permanently.

Family definitions

The following terms are used for this visa.
See: Family Definitions