You must be married or in a de facto relationship with:
- an Australian citizen
- an Australian permanent resident
- an eligible New Zealand citizen.
If married, your marriage must be valid under Australian law. This means you must be 18 or have parental permission if you are 16 or 17 years of age.
If in a de facto relationship, you must have been in a de facto relationship for at least 12 months.
- De-facto partners are partners who live with you, have been in an authentic relationship with you for at least 12 months, aren’t related, and have a reciprocal commitment to a shared life together.
- From AUD $7,160 for most applicants. There is an additional fee for any children you include in your application.
- If police and health checks need to occur, you will also need to pay for these.
- For a breakdown of your estimated costs, including fees and additional expenses, visit our costs page.
LENGTH OF STAY:
- On the temporary 309 visa, you can stay until a decision is made on your permanent Partner visa (subclass 100).
- On the permanent partner visa (subclass 100), you can stay permanently.
Obtaining the permanent Partner (Migrant) visa (subclass 100) is a two stage process. To be eligible for a permanent partner visa you first need to be granted a temporary Partner (Provisional) visa (subclass 309). You apply for both the permanent and temporary visas at the same time and pay only one fee. If you are granted the temporary Partner (Provisional) visa (subclass 309), you are eligible to be assessed for the permanent Partner (Migrant) visa (subclass 100) about two years after you lodged your application. You will need to provide further documents for this assessment.
If you have been in a long-term relationship before you lodge your application, the permanent Partner (Migrant) visa (subclass 100) may be granted immediately after the temporary Partner (Provisional) visa (subclass 309).
- 75% of all temporary (309) visas applied for are processed within 13 months, with 90% being processed within 26 months.*
- 75% of all permanent (100) visas applied for are processed within 22 months, with 90% being processed within 29 months.*
*Subject to change without notice (current as at 05.2019) varies between applicants
You must meet the following requirements for a successful temporary visa (309) application. Once the temporary application has been finalised, you must remain in a relationship with an eligible sponsor and abide by all Australian laws for a successful permanent visa (100) application.
If you are married, usually you must be 18 or older when you apply. This is because usually, you must be 18 or older for your marriage to be valid under Australian law.
If you are a de facto partner, you must be 18 or older when you apply.
You must be the spouse (married) or de facto partner of an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
You might still be eligible if your relationship breaks down after you lodge your application.
You must have a sponsor, who will be your partner, except if your partner is under 18 years of age. Your sponsor is usually your spouse or de-facto partner. Your sponsor must be an Australian citizen, Australian permanent resident or eligible New Zealand citizen.
Since December 2018, sponsor partners may need to be approved before the application can be lodged.
DEBTS TO THE AUSTRALIAN GOVERNMENT:
You must have repaid, or have arranged to repay, any outstanding debts to the Australian government.
CANCELLED OR REFUSED VISAS:
You might not be able to apply for this visa if you have had a visa cancelled or refused while you were in Australia.
HEALTH AND CHARACTER REQUIREMENTS:
You must apply for this visa while living outside of Australia.
IS THIS VISA RIGHT FOR ME?
This visa is suited to applicants who are applying outside of Australia to live with their partner in Australia. If you currently live in Australia, consider the partner visa (onshore). If you live outside of Australia and intend to marry an Australian partner, we recommend the prospective spouse visa.
With decades of experience in visa application experience, our team understand the ins and outs of visa application processes, as well as what helps a successful visa application. We’ll provide tailored advice to suit your circumstances and assist you through the application process. NEED VISA ASSISTANCE? If you would like some assistance in finding the right visa for your circumstances, send us an enquiry or book a skype meeting.